is permanently affixed to land -- Requirements for surrender of certificate of
title.
(1) When a manufactured home is or is to be permanently affixed to real estate, the
owner may execute and file an affidavit of conversion to real estate with the county
clerk of the county in which the real estate is located. The affidavit shall attest to the
fact that the home has been or will be permanently affixed to the real estate and be
accompanied by a surrender of the Kentucky certificate of title. The county clerk
shall file the affidavit of conversion to real estate in the miscellaneous record book.
(2) A county clerk shall not accept a surrender of a Kentucky certificate of title which
displays an unreleased lien unless it is accompanied by:
(a) A release of the lien; or
(b) An affidavit, signed under oath by the attorney who satisfied the liens noted
on the Kentucky certificate of title, attesting that all liens noted on the
Kentucky certificate of title have been paid. An affidavit filed by an attorney
under this paragraph may only be signed by an attorney licensed to practice
law in the Commonwealth.
(3) The provisions of subsection (2) of this section shall not excuse a lender who placed
a lien on the certificate of title from filing a release of the lien.
(4) Upon receipt of the information identified in subsection (2) of this section, the
county clerk shall accept the affidavit of conversion and the surrender of the
Kentucky certificate of title.
(5) In the event of an inaccurate or fraudulent affidavit, the title surrender becomes null
and void.
(6) The county clerk shall be held harmless if he or she relies upon receipt of the
information identified in subsection (2) of this section.
(7) When the county clerk files the affidavit of conversion to real estate, the county
clerk shall furnish a copy to the property valuation administrator for inclusion in the
real property tax rolls of the county. A filing of an affidavit of conversion to real
estate and a surrender of a Kentucky certificate of title shall be deemed a conversion
of the property as an improvement to the real estate upon which it is located.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 113, sec. 3, effective July 14, 2022. -- Created
2000 Ky. Acts ch. 166, sec. 1, effective July 14, 2000.
Notes of Decisions
PHH Mortg. Servs. v. Higgason, 345 B.R. 584 (E.D. Ky. 2006).
· cites it 8× “§ 186A.297 to allow for a manufactured home to become part of the permanent real estate.”
Barnette v. Grizzly Processing, LLC, 809 F. Supp. 2d 636 (E.D. Ky. 2011).
· cites it 7× “In re Starks, 2011 WL 248521 , at *4 (“The mobile home at issue herein, having an active certificate of title and not having been converted to real property in accordance with KRS 186A.297, is unencumbered personal property.”
Bowling v. Appalachian Fed. Credit Union, 515 S.W.3d 686 (Ky. Ct. App. 2017).
· cites it 5× “And, a manufactured home may become “permanently affixed” to real property if the mandates of KRS 186A.297 are fulfilled. Citizens Nat’l Bank, 309 S.”
In re Snowden, 546 B.R. 39 (Bankr. E.D. Ky. 2016).
· cites it 2× “See Ky. Rev. Stat. § 186A.297(2). The Affidavit of Conversion provides that the Snowden Manufactured Home “shall remain permanently affixed to that certain real property described on ‘Exhibit A’.”
Burden v. Cit Grp./Consum. Fin., Inc. (In Re Armstrong), 366 B.R. 716 (Bankr. E.D. Ky. 2007).
“At the outset, it is evident to the court that the Affidavit of Conversion to Real Estate, about which there appears to be no serious dispute as to its proper pre-petition execution and recording, effectively converts the mobile home from personal property to part of the real…”
Stuart Wayne Wright v. Frank L. Miller (Ky. Ct. App. 2021).
· cites it 14× “Miller claimed that a manufactured home remains personal property until converted into real property using the statutory procedure set forth in KRS 186A.297. And, because the manufactured home was never converted to real property, Miller argued he had title to the manufactured…”
In Re: Gary Barbee V. (6th Cir. BAP 2011).
· cites it 2× “2006) (quoting Ky. Rev. Stat. Ann. § 186A.297). In Dickson, the Sixth Circuit held that a creditor can also obtain a perfected lien on a manufactured home by obtaining a state court order converting the manufactured home to an improvement to real property.”
Douglas L. Gordon v. Ronald Waldridge (Ky. Ct. App. 2025).
“Thus, the Trial -12- Court must take proof on this issue and make findings before requiring a potential impossibility to occur.”
In re: Benjamin Ritchie v. (6th Cir. BAP 2009).
“The Court further finds that the manufactured home is permanently affixed to the land but not in conformance with KRS 186A.297. The Court hereby directs [the Debtor] to surrender the title .”
— Ky. Rev. Stat. § 186A.297(1) — 2 cases
Barnette v. Grizzly Processing, LLC, 809 F. Supp. 2d 636 (E.D. Ky. 2011).
“In re Starks, 2011 WL 248521 , at *4 (“The mobile home at issue herein, having an active certificate of title and not having been converted to real property in accordance with KRS 186A.297, is unencumbered personal property.”
Stuart Wayne Wright v. Frank L. Miller (Ky. Ct. App. 2021).
“Miller claimed that a manufactured home remains personal property until converted into real property using the statutory procedure set forth in KRS 186A.297. And, because the manufactured home was never converted to real property, Miller argued he had title to the manufactured…”
— Ky. Rev. Stat. § 186A.297(2) — 2 cases
In re Snowden, 546 B.R. 39 (Bankr. E.D. Ky. 2016).
“See Ky. Rev. Stat. § 186A.297(2). The Affidavit of Conversion provides that the Snowden Manufactured Home “shall remain permanently affixed to that certain real property described on ‘Exhibit A’.”
Stuart Wayne Wright v. Frank L. Miller (Ky. Ct. App. 2021).
“Miller claimed that a manufactured home remains personal property until converted into real property using the statutory procedure set forth in KRS 186A.297. And, because the manufactured home was never converted to real property, Miller argued he had title to the manufactured…”
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