To take a lien on a mobile home that has been converted to real estate under KRS186A.297 do you still file a UCC fixture filing in the county or do you assume your mortgage alone will cover the "converted" mobile home?

For at least 25 years this institution has added as an exhibit to the mortgage the description of the mobile home model, year, etc. This is done in addition to the fixture filing via the UCC. We have had a few attorneys recommend this, not all, but several. Our bank prepares our own mortgages and the attorney signs the form. If attorneys prepare your documents, you have need to prove the necessity of the additional language to the mortgage document.

If you can validate that the certificate of title was indeed surrendered to the State, then imo the mtg should suffice. The home is considered attached. Your attorney or title company should be able to advise.

There is an affidavit that can be filed with the county clerk's office - Affidavit of Conversion to Real Estate. You will need to send the original title, along with the signed Affidavit. The fee in this particular county was $11.00 (I think), but it would be best to contact the filing county to be sure. We didn't file a UCC-1 or title lien statement on the mobile home.

At previous banks, I have also noted the mobile home (model, year & VIN) in the legal description of the mortgage. The affidavit was completed on the advice of the attorney performing the title examination.

Hope this helps,
Lisa