K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-4214 (2026)

Manufactured housing; elimination of certificate of title; requirements; real property

✓ current as of May 2026
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58-4214. Manufactured housing; elimination of certificate of title; requirements; real property. (a) Whenever a manufactured home or mobile home is permanently affixed to real property, by placement upon a permanent foundation of a type not removable intact from such real property, the manufactured home or mobile home shall be considered for all purposes an improvement to real property, if the certificate of title which has been issued or is required to be issued for such manufactured home or mobile home pursuant to K.S.A. 58-4204, and amendments thereto, is eliminated pursuant to this section. If the certificate of title has been eliminated pursuant to this section, the ownership of the manufactured home or mobile home shall be an incident of ownership of the real property where it is located under governing real property law. If the certificate of title has been eliminated pursuant to this section, a separate security interest in the manufactured home or mobile home shall not exist, and the manufactured home or mobile home shall only be subject to a lien as part of the real property where it is located.

(b) To eliminate a certificate of title which has been issued or is required to be issued for a manufactured home or mobile home pursuant to K.S.A. 58-4204, and amendments thereto, the owner of the manufactured home or mobile home shall make application to the division, including submission of the following:

(1) An affidavit, in the form prescribed by the division, signed by all the owners of the manufactured home or mobile home, and also signed by all parties having a mortgage, lien or other security interest in the manufactured home or mobile home, as evidence of consent to the elimination of the certificate of title, and containing:

(A) The date;

(B) the names of all the owners of record of the manufactured home or mobile home;

(C) the legal description of the real property where the manufactured home or mobile home is located;

(D) a description of the manufactured home or mobile home, including model year, make, width, length and identification number;

(E) the names of all parties holding a security interest or otherwise entitled to a lien or encumbrance in the manufactured home or mobile home;

(F) a statement that the owner or one of the owners of the manufactured home or mobile home owns the real property where the manufactured home or mobile home is or will be located; and

(G) the name and address of an owner, lending agency or other entity to which the approved application may be delivered;

(2) the certificate of title for the manufactured home or for the mobile home issued pursuant to K.S.A. 58-4204, and amendments thereto, or in the case of a new manufactured home, the manufacturer's statement of origin;

(3) where one or more parties have a security interest in the manufactured home or mobile home, a release of each such secured party's security interest;

(4) proof of payment of all applicable fees and taxes; and

(5) any other information the division may reasonably require pursuant to duly adopted rules and regulations.

(c) The division shall approve the application for elimination of the title when all requirements of subsection (b) have been satisfied. After the application has been approved, the division shall deliver the approved application as directed by the application. The approved application shall be recorded in the office of the register of deeds of the county in which there is located the real property on which the manufactured home or mobile home is affixed. Upon such recording, the certificate of title shall be presumed to be eliminated. If a certificate of title previously has been issued for the manufactured home or mobile home pursuant to K.S.A. 58-4204, and amendments thereto, the division also shall cancel such certificate of title.

History: L. 2002, ch. 49, § 1; April 18.

CASE ANNOTATIONS

1. Manufactured home remained personalty even though affixed to realty where no application made pursuant to K.S.A. 58-4217. In re Thomas, 362 B.R. 478, 483, 484, 487 (2007).

2. The recording of an approved application to eliminate certificate of title for a manufactured home by the Kansas department of revenue's division of motor vehicles is a condition precedent to "elimination." In re Phillips, 420 B.R. 530 (2009).

3. The Kansas manufactured housing act provides for a manufactured home to be encumbered by the mortgage lien on the real property to which it is affixed by means of a recorded mortgage. In re Phillips, 420 B.R. 530 (2009).

4. Section does not preclude common law means of converting a manufactured home into a fixture; the word "whenever" is not exclusive language. Morris v. Ark Valley Credit, 536 B.R. 887, 894 (Bankr. D. Kan. 2015).

5. The bankruptcy board did not clearly err in finding that the manufactured home, which chapter 7 debtor had placed nearly 20 years earlier on realty that he owned, was a common law fixture. In re Gracy, 555 B.R. 767 (D. Kan. 2016).


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Notes of Decisions
Cited in 9 cases, 2007–2017 · leading case: Morris v. Ark Valley Credit Union, 536 B.R. 887 (D. Kan. 2015).
Sort: Relevance Newest Treatment
Morris v. Ark Valley Credit Union, 536 B.R. 887 (D. Kan. 2015). · cites it 12× “She testified that AVCU policy required that mobile homes offered as security be set on a permanent foundation and their certificate of title eliminated pursuant to K.S.A. § 58-4214. According to Gillette, AVCU employees received training and documentation regarding the mobile…”
In Re Thomas, 362 B.R. 478 (10th Cir. BAP 2007). · cites it 3× “[21] Kan. Stat. Ann. § 58-4214 (a) (2005). [22] Kan.”
Parks v. Brooks (In Re Brooks), 452 B.R. 809 (Bankr. D. Kan. 2011). · cites it 4× “6 The title to the mobile home was never eliminated under Kan. Stat. Ann. § 58-4214 (2005) nor did the Bank ever perfect a security interest in it under Kan.”
Morris v. PHH Mortg. Servs. (In Re Phillips), 420 B.R. 530 (Bankr. D. Kan. 2009). · cites it 38× “BAP 2007) (K.S.A. § 58-4214’s process for elimination of title requires the approved application to be recorded with the register of deeds and is the exclusive means to change the status of a manufactured home from personal property (K.”
Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015). · cites it 11× “It further contends that the manufactured home is personal property, not a fixture, because the certificate of title was never eliminated as provided under Kan. Stat. Ann. § 58-4214 , and the common law of fixtures is inapplicable under the Tenth Circuit Bankruptcy Appellate…”
Wachovia Bank, N.A. v. Morris, 362 B.R. 478 (10th Cir. BAP 2007). · cites it 3× “Kan. Stat. Ann. § 58-4214 (a) (2005). . Kan.”
Morris v. Conseco Fin. Servicing Corp. (In Re Wedman), 374 B.R. 819 (Bankr. D. Kan. 2007). “But see K.S.A. 58-4214 (establishing procedure for eliminating certificate of title for manufactured home that has been permanently affixed to real property).”
Gracy v. Ark Valley Credit Union, 689 F. App'x 590 (10th Cir. 2017). · cites it 2× “The district court therefore concluded that “[a] plain reading of K.S.A. § 58-4214 thus indicates that every time the conditions are met, the home is a fixture; it does not plainly read that a manufactured home can only become a fixture if the conditions are met.”
Ark Valley Credit Union v. Morris (In re Gracy), 555 B.R. 767 (D. Kan. 2016). · cites it 2× “…surrender of the certificate of title) and permanent affixation of the home to the real property for fixture status. Kan. Stat. Ann. § 58-4214 .”
— K.S.A. § 58-4214(a) — 2 cases
Morris v. Ark Valley Credit Union, 536 B.R. 887 (D. Kan. 2015). “She testified that AVCU policy required that mobile homes offered as security be set on a permanent foundation and their certificate of title eliminated pursuant to K.S.A. § 58-4214. According to Gillette, AVCU employees received training and documentation regarding the mobile…”
Morris v. PHH Mortg. Servs. (In Re Phillips), 420 B.R. 530 (Bankr. D. Kan. 2009). “BAP 2007) (K.S.A. § 58-4214’s process for elimination of title requires the approved application to be recorded with the register of deeds and is the exclusive means to change the status of a manufactured home from personal property (K.”
— K.S.A. § 58-4214(b) — 2 cases
Morris v. PHH Mortg. Servs. (In Re Phillips), 420 B.R. 530 (Bankr. D. Kan. 2009). “BAP 2007) (K.S.A. § 58-4214’s process for elimination of title requires the approved application to be recorded with the register of deeds and is the exclusive means to change the status of a manufactured home from personal property (K.”
Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015). “It further contends that the manufactured home is personal property, not a fixture, because the certificate of title was never eliminated as provided under Kan. Stat. Ann. § 58-4214 , and the common law of fixtures is inapplicable under the Tenth Circuit Bankruptcy Appellate…”
— K.S.A. § 58-4214(c) — 1 case
Morris v. PHH Mortg. Servs. (In Re Phillips), 420 B.R. 530 (Bankr. D. Kan. 2009). “BAP 2007) (K.S.A. § 58-4214’s process for elimination of title requires the approved application to be recorded with the register of deeds and is the exclusive means to change the status of a manufactured home from personal property (K.”
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