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ASSEMBLED OR SPECIALLY
CONSTRUCTED VEHICLES
Any person applying for a certificate of title for a vehicle which was not originally
constructed under a distinctive name, make, model, or type must apply for an assembled or
specially constructed vehicle title. Vehicles which were originally constructed under a
distinctive name, make or model, but which have been materially altered by the removal of
essential parts or by the addition or substitution of essential parts taken from other
vehicles or makes of vehicles must also be titled as assembled or specially constructed.
COMPONENT PARTS FROM DIFFERENT VEHICLES
A bill of sale, such as the one on the back of the Affidavit to a Fact form TR-12, is required
for each component part (ENGINE, BODY, and FRAME) purchased from different vehicles. The
vehicle make, identification number and year must be included in the bill of sale.
In addition, the Specially Constructed Vehicle Affidavit, form TR-91, is required from the
applicant stating that the component parts are from separate vehicles.
Vehicles manufactured with unitized bodies (body and frame are one unit, AKA: uni-body,)
will be required to have the title to such vehicles. If the uni-body vehicle has been "junked,"
the applicant must provide proof the vehicle was junked. This proof can be verification
from state or county, or a copy of the Nonrepairable Vehicle Certificate1. IN ADDITION TO
THIS PROOF,
the applicant will need a bill of sale2 from the person the applicant purchased
the uni-body vehicle from and a bill of sale2 from the person the applicant purchased the
engine from.
1
The body and frame of a uni-body vehicle that has been designed and titled as
Nonrepairable CANNOT be used to assemble or construct a vehicle. The only major
component part from a uni-body vehicle that may be sold is the drive train. The body
and/or frame are one component which meets the definition of two major component
parts, which make up two-thirds of the vehicle.
2
The bills of sale must reflect the year, make and VIN of the vehicle from which the
parts were obtained.
Two component parts used from the same vehicle do not constitute an
assembled vehicle and require transfer of ownership to be made by assigned
or reassigned title.
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State of Kansas
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MVE-1
A vehicle which was not originally constructed under a distinctive name, make, model, or
type; or which have been materially altered by the removal of essential parts or by the
addition or substitution of essential parts taken from other vehicles or makes of vehicles
must be inspected by the Kansas Highway Patrol and issued an MVE-1 prior to making
application for an assembled or specially constructed vehicle title. The inspector will also
need to sign the back of the Specially Constructed Vehicle Affidavit, form TR-91.
The Kansas Highway Patrol will affix an identification number on the appropriate vehicle
location if warranted.
REQUIRED DOCUMENTS
The title and/or bill of sale for each component part, the completed MVE-1 form and a
completed TR-91, Specially Constructed Vehicle Affidavit form, must be presented by the
applicant to the County Treasurer's Office at the time of application for Kansas title and
registration. (Please note the MVE-1 form will be considered unacceptable and voided if
altered or erased.)
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-116a
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VEHICLE IDENTIFICATION NUMBER
All applications for Kansas certificates of title require the entry of a Vehicle Identification
Number (VIN) on the application (TR-200).
The VIN verifies the make, year, and type of vehicle, as follows:
PASSENGER CARS
MANUFACTURED IN 1953 OR EARLIER
All passenger cars manufactured in 1953 or earlier require the entry of the motor number*
on the application, TR-200, with the exception of Ford Motor Company passenger cars,
which require the entry of the frame serial number.
MANUFACTURED IN 1954 OR LATER
All passenger cars manufactured in 1954 or later require the entry of the body serial
number* on the application, TR-200, with the exception of Ford Motor Company passenger
cars, which require the use of the frame serial number.
* If the vehicle has been inspected by the Kansas Highway Patrol and an MVE-1 issued,
the frame number may be used.
TRUCKS
MANUFACTURED IN 1955 OR EARLIER
All trucks manufactured in 1955 or earlier require the entry of the motor number* on the
application, TR-200, with the exception of Ford Motor Company trucks, which require the
entry of the frame serial number.
MANUFACTURED IN 1956 OR LATER:
All trucks manufactured in 1956 or later require the entry of the body serial number* on
the application, TR-200, with the exception of Ford Motor Company trucks, which require
the entry of the frame serial number.
* If the vehicle has been inspected by the Kansas Highway Patrol and an MVE-1 issued,
the frame number may be used.
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MOTORCYCLES
All motorcycles manufactured before 1967 require the entry of the motor number on the
application, TR-200. Motorcycles manufactured in 1967 or later require the use of the
frame serial number. If the manufacturer does not assign a motor number, application for
a special identification number must be made to the Kansas Highway Patrol. (See Special
Identification Number Requirements.)
TRAILERS
All Trailers require the entry of an identification number on the application, TR-200. If the
manufacturer does not assign an identification number or vehicle is owner-constructed,
application for a special identification number must be made to the Kansas Highway
Patrol. (See Special Identification Number Requirements.)
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-113
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CORRECTING AN
IDENTIFICATION NUMBER
VEHICLES LAST REGISTERED OUT-OF-STATE
Whenever the error on the out of state title can be verified through the MVE-1 form, a
Kansas title will be issued with the correct information. If the discrepancies cannot be
corrected through the MVE-1, the state that issued the title with the discrepancy will have
to make the correction.
NEW, UNREGISTERED VEHICLES
If an identification number discrepancy is discovered on the ownership documents of a new,
unregistered vehicle, whether purchased in Kansas or out-of-state, applicant must furnish a
corrected bill of sale or Manufacturer's Statement of Origin (MSO/MCO) from the issuing
dealer, or manufacturer, reflecting the correct identification number, before a Kansas title
will be issued.
VEHICLES TITLED AND REGISTERED IN KANSAS
For vehicles titled and registered in Kansas with the wrong identification number, see
"Kansas Corrected Title."
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VEHICLE IDENTIFICATION NUMBER
REPLACEMENT
The owner of any motor vehicle, trailer or semi-trailer whose original or previously assigned
identification number has been destroyed, removed, altered or defaced must have a new
identification number assigned. The Kansas Highway Patrol will issue and affix a new
identification number to the vehicle in addition to completing an MVE-1 form.
The
applicant will present the completed MVE-1 form and the current title to the County
Treasurer's Office for retitling purposes.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-116
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8-116a
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ADDING OR REMOVING NAME
FROM TITLE
FAMILY MEMBERS ONLY
Only members of the immediate family can have their name added to a title. Immediate
family members are father, mother, son and daughter.
ODOMETER DISCLOSURE STATEMENT
Although this is not considered a transfer of ownership, the state of Kansas will need a
current odometer reading (the same as a duplicate title application). There is no buyer so a
buyer’s signature will not be required.
HUSBAND AND WIFE
Husbands and wives may add or remove each other from the names on the title; i.e. John
Doe adding wife, John and Mary Doe or visa versa.
SON AND DAUGHTER
Parents may add or delete children name from a title. Children may add or delete parent’s
name from a title.
ASSIGNING THE TITLE
On the back of the title, the Name of Purchaser(s) space must be assigned exactly as the
names are to appear on the new title. The person(s) on the front of the title will sign the
assignment as the Seller.
RELATIONSHIP CODE AND REMOVING A NAME
When removing a name, only one signature will be required if the names are connected by
“and/or” or “or.” If the names are connected by “and,” all signatures will be required.
LIEN HOLDER CONSENT
If a lien exists on the front of the title, a Lien Holder’s Consent to Transfer Vehicle
Ownership, form TR-128, must be obtained from the lien holder before a name will be
added or removed.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-135a
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OWNER(S) IS DECEASED
There are two (2) affidavits which can be used when all the owners listed on the title are
deceased and there is no TOD for the vehicle. One affidavit (the Decedent Affidavit) is used
when there is a will, but it has not been probated yet. The second affidavit (Claim of Heir
Affidavit) is used when there is no will or the will is not going to be probated AND the
estate’s total value is $40,000 or less.
When there is a probated will refer to the “Change of Name or Ownership by Court Order” instruction in
this section.
NOTE: ONCE A WILL HAS BEEN PROBATED, NEITHER AFFIDAVIT CAN BE USED, THE
WILL IS THE LEGAL DOCUMENT WHICH MUST BE FOLLOWED.
WILL IS WAITING TO BE PROBATED
When there is a will for the estate of the owner(s) (Kansas resident) listed on the Kansas
title, but the will has not been probated yet, the heir(s) may use the Decedent Affidavit, TR83a, to retitle one (1) vehicle from the name(s) of the deceased into the names of the heir(s).
This is to allow the heir(s) the use of one (1) vehicle while awaiting the court action
concerning the will. The heir(s) may select any single vehicle titled in the name of the
deceased.
This is restricted to just one (1) vehicle concerning the entire estate. The heirs cannot use
multiple
Decedent Affidavits to obtain more than one vehicle.
probated.
They must await the will being
All heirs must be listed on the affidavit (see HEIRS later in this section). The heir(s)
spouse(s) cannot be added when using a Decedent Affidavit. Only direct heirs will be
allowed to enter their names on the Decedent Affidavit and title application. Once the
vehicle is titled in the name of the heir(s), the new title may be assigned to both the heir
and their spouse.
The surviving heir(s) may obtain a title only or title and registration for the vehicle. The
spouse of the deceased is the only heir that is allowed to transfer tags from the original
registration of the vehicle.
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If there are multiple heirs, but not all heirs want the vehicle, the heirs that do not want the
vehicle will need to complete either a letter disclaiming interest in the vehicle or a bill of
sale in the name(s) of the heir(s) that the vehicle is to be titled in. Attach any disclaiming
interest letter(s) or bill of sale(s) to the application. The letter or bill of sale must contain
the year, make and VIN for the vehicle(s).
Multiple heirs can be listed on the title with an “and” or with an “or”.
Attach the completed affidavit, TR-83a to application for title along with proof of ownership.
If there is a lien recorded on the title, a lien release or lien holder’s consent must be
attached.
NO WILL (INTESTATE) AND THE ESTATE IS VALUED AT $40,000 OR LESS
When there is no will for the estate of the owner(s) (Kansas resident) listed on the Kansas
title and the estate’s total value is $40,000 or less, the heir(s) may use the Claim of Heir
Affidavit, TR-83b. There is no limit the number of vehicles which may be titled using the
Claim of Heir Affidavit, only the total value of the estate will need to be considered. (Total
value of the estate would be, but is not limited to, vehicles, other personal property, real
property, investments, cash, life insurance, etc.)
All heirs must be listed on the affidavit (see HEIRS later in this section). The heir(s)
spouse(s) cannot be added when using a Claim of Heir Affidavit. Only direct heirs will be
allowed to enter their names on the Claim of Heir Affidavit and title application. Once the
vehicle(s) is titled in the name of the heir(s), the new title may be assigned to both the heir
and their spouse.
The surviving heir(s) may obtain a title only or title and registration for the vehicle(s). The
spouse of the deceased is the only heir that is allowed to transfer tags from the original
registration of the vehicle(s).
If there are multiple heirs, but not all heirs want the vehicle(s), the heirs that do not want
the vehicle(s) will need to complete either a letter disclaiming interest in the vehicle(s) or a
bill of sale in the name(s) of the heir(s) that the vehicle(s) is to be titled in. Attach any
disclaiming interest letter(s) or bill of sale(s) to the application. The letter or bill of sale
must contain the year, make and VIN for the vehicle(s).
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Attach the completed affidavit, TR-83b to application for title along with proof of ownership.
If there is a lien recorded on the title, a lien release or lien holder’s consent must be
attached.
There is room on the TR-83b for up to 3 vehicles, if there are more than 3 vehicles in the
estate, use an additional TR-83b.
When there is doubt concerning the value of the estate, the county treasurer shall use
reasonable diligence in ascertaining whether the facts stated in such affidavit are true and
accurate.
The Claim of Heir Affidavit is authorized by KSA 59-1507b.
ESTATE’S VALUE IS $40,001 OR GREATER
If the estate has a value of $40,001 or more and there is no will, a court order will be needed
if there is more than one vehicle. One vehicle may be titled using the Decedent Affidavit
while awaiting the court order.
Claim of Heir Affidavit cannot be used.
If the estate is valued at $40,001 or more and there is a trust, but the owner’s vehicle(s)
were not part of the trust and the total value of all the vehicles is $40,000 or less, a Claim of
Heir Affidavit may be used.
LIEN ON TITLE
In the event a lien has been recorded on the last existing title, a lien release or a Lien
Holder’s Consent to Transfer Vehicle Ownership, form TR-128, must be completed and
accompany the title application. Attach lien consent, TR-128, or release to application.
SURVIVING SPOUSE
If the names on the front of the title are connected with “and/or” or “or,” then the surviving
spouse can assign the back of the title to themselves. See “Adding or Removing Name from
Title” in this section.
If the names on the front of the title are connected with “and,” a copy of the obituary article
or the death certificate must be submitted and attached to the title application.
The registration may be transferred to the surviving spouse ONLY.
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MULTIPLE OWNERS ON THE TITLE
In the event there are multiple owners listed on the face of the title and one of the owners
dies, the owners left on the face of the title can title the vehicle in their name(s). If the
existing title has “and” between the names of the owners an obituary notice in the paper or
a copy of the death certificate will have to be presented in lieu of that owners signature.
The existing title or title and registration receipt must be relinquished and sent to the state
with the new title and registration application. If the existing title or registration receipt is
not available and the title is being held as an etitle, a duplicate registration can be applied
for a fee of 50¢. You must also present a Lien Holder’s Consent to Transfer Vehicle
Ownership, form TR-128, if applicable.
If there are multiple owners listed on the face of the title and one of the owners dies leaving
a executor or administrator of their estate; that administrator or executor must obtain the
signature of the surviving owner prior to transferring ownership of the vehicle.
RECOMMENDED RETITLING
When a vehicle is titled in both spouses’ names, it is strongly recommended that when one
of the owners passes away, the surviving owner retitle the vehicle removing the deceased
owner’s name. This will help when the surviving owner passes away and an out-of-state
heir tries to title the vehicle in his or her home state.
HEIRS
ORDER OF INHERITANCE
Start with the deceased owner’s marriage status, then find the first living person or persons
listed under that status.
The ability to locate the highest placed person(s) does not
influence their order of inheritance. If that person cannot be located and someone else
wants the vehicle, a court order (or probated will) is required.
Married:
Married
1st) Surviving spouse, then; 2nd) ALL children, then; 3rd) Parent(s) of last
the surviving owner, then; 4th) ALL Siblings.
Never Married:
Married: 1st) ALL children, then; 2nd) Parent(s), then; 3rd) ALL Siblings then; 4th) ALL
Aunts and Uncles.
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Single Parent:
Parent:
1st) ALL children, then; 2nd) Parent(s), then; 3rd) ALL Siblings.
USING AFFIDAVIT
Heirs may use the Decedent Affidavit, TR-83a of Claim of Heir Affidavit, TR-83b, where
appropriate. All heirs and their relationship to the deceased must be listed on the affidavit.
If one or more of the heirs listed on the affidavit does not want to be listed as an owner on
the title, a Bill of Sale or disclaimer, use the TR-12, must be provided before the heir(s) can
be dropped from the title application. Attach bill of sale or disclaimer to the application.
The heir(s) can apply for a “title only” or may apply for “title and registration.”
The
registration may be transferred to the surviving spouse ONLY.
SALES TAX
Sales tax exemption listing the heirs’ relationship to the deceased is required. Attach to
application.
PROOF OF OWNERSHIP
Proof that the deceased was the vehicle owner is required. This proof can be one of the
following: last existing title, current or previous registration receipt or verification of title.
Attach proof of ownership to application.
HEIR(S) NAME ONLY
The title application must be completed in the heir/heirs name only (see Minor Children
below). At the time of application, no additional names may be added onto the title. EX:
The heir’s spouse CANNOT be added to the decedent title.
MINOR CHILDREN
If minor children are the next surviving heirs and there is no will, the title may read as
follows: “John Smith, guardian of Jane Doe and John Doe and Andrew Doe.”
ODOMETER DISCLOSURE STATEMENT
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An odometer disclosure statement, included on the Decedent Affidavit, must be completed,
unless the vehicle is exempt from the requirements. If vehicle is exempt, CURRENT MILEAGE
IS REQUIRED.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
59-403
April 2013
State of Kansas
59-1507b
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CHANGE OF NAME OR OWNERSHIP BY
COURT ORDER
TITLE ONLY
Any time a court order is used as the ownership document, the applicant has the option of
applying for a title only or title and registration.
PROBATED WILL
A certified copy of the probated will signed by the judge awarding the vehicle to the spouse
or heirs or granting disposition to the spouse or heirs must be submitted at the time of
application. Attach to application.
PROOF OF OWNERSHIP
The title, current or previous registration receipt or verification of title may be submitted at
the time of application, BUT IS NOT REQUIRED.
REGISTRATION
The registration may be transferred to the surviving spouse if there is no change in the
expiration. If the vehicle is awarded to any other individual(s), a new registration and
license plate must be issued, REGARDLESS if the expiration would be the same.
DIVORCE
A certified copy of the divorce document with a description of the vehicle (year, make, VIN),
signed by the judge awarding the vehicle to the applicant must be submitted and attached
to the application.
PROOF OF OWNERSHIP
The title, current or previous registration receipt or verification of title must be submitted
at the time of application. Attach to application.
REGISTRATION
If the applicant’s name was not on the previous title, a new registration and license plate
must be issued.
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COURT ORDER
A certified copy of the journal entry (court papers), with the description of the vehicle,
signed by the judge ordering a change in the title owner’s name must be submitted at the
time of application. Attach to application.
PROOF OF OWNERSHIP
If the vehicle is not described in the court order, the title, current or previous registration
receipt or verification of title must be submitted at the time of application. Attach to
application.
REGISTRATION
If no owners from the previous Kansas title remain as owner per the court papers, the
application will need to be for title only or title and registration.
If one of the previous owners listed on the Kansas title is awarded the vehicle, but there is a
change in the expiration month, a title only or title and registration will be needed. If the
new owner is the same owner that the previous registration was issued to (expiration based
on their name) title only or title and transfer will be needed.
LIEN ON TITLE
Unless the court order states otherwise, if there is a lien on the vehicle, a release of lien or
Lien Holder’s Consent to Transfer Vehicle Ownership, form TR-128 must be submitted at
time of application. Attach to application.
SALES TAX
A sales tax EXEMPTION is required. Attach to application.
ODOMETER DISCLOSURE STATEMENT-ODS
Unless the vehicle is exempt from the odometer disclosure statement requirements, a TR-59 must be
completed by the transferee. There will be no signature or printed name for the transferor. Attach to
application.
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REPOSSESSION TITLES
QUALIFYING FOR A KANSAS REPOSSESSION TITLE
The lien holder filing for a Kansas repossession title must:
•
Have the vehicle in their possession/control; and
•
At least one of the below:
o The verification indicates a Kansas owner (owner’s address on Kansas title or on the
assignment is in Kansas), and/or
o The vehicle is financed originally by a financial institution chartered in the state of
Kansas (lien holder’s address on the title or assignment is in Kansas) or when a
financial institution chartered in Kansas purchases a pool of motor vehicle loans
from the resolution trust corporation or a federal regulatory agency.
POSSESSION OF THE VEHICLE VERY IMPORTANT
The vehicle or trailer MUST be in the possession/control of the lien holder
before applying for a repossession title.
REQUIREMENTS
Any automobile, light or heavy truck, motorcycle or trailer may be repossessed by a lien
holder meeting the conditions detailed below:
•
•
•
Properly completed Repossession Affidavit, TR-84;
The original or a certified copy of the security agreement;
Security agreement must include the vehicle’s year, make and complete VIN, the debtor’s name and signature.
(If the names of two or more persons appear on the back of the title are joined by "and", the signatures of all
individuals must appear on the certified security agreement.)
Verification of Ownership showing the debtor as buyer/owner and showing the secured
party as lien holder.
ONE OF THE FOLLOWING WILL WORK AS VERIFICATION:
The assigned title or current title;
The assigned MSO (Manufacturer’s Statement of Origin);
A certified copy of both sides of the assigned title or the title;
A certified copy of both sides of the assigned MSO;
A copy of the title application (TR-200);
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A copy of the Notice of Security (NSI) summary (perfection) letter generated by the
Kansas Department of Revenue (NOT
NOT the 90 day letter that no application has been
received);
received
Verification of ownership from the County Treasurer’s office, Division of Vehicles or
the Kansas.gov.
NAMES
AMES ON VERIFICATION DO NOT MATCH REPOSSESSION AFFIDAVIT
If the verification submitted does not show the debtor’s name as owner or purchaser and
the name of the secured party that is applying for repossession title as lien holder, a
notarized disclaimer/release is required from the last registered owner(s) and , a notarized
disclaimer/release from any lien holder(s).
VIN VERIFICATION-MVEMVE-1
Vehicles titled in an out-of-state jurisdiction must have a VIN verification (MVE-1 form).
Attach the pink copy of the MVE-1 to the application*.
* VIN INSPECTION EXEMPTION
If the vehicle is:
Titled in another jurisdiction or the assignment is on another jurisdiction’s title, and
Located out-of-state, and
WILL NOT BE BROUGHT OR SOLD BACK INTO KANSAS,
the “VIN Inspection Exemption” portion of the Repossession Affidavit may be completed
in lieu of the MVE-1.
If the VIN Inspection Exemption is used, the vehicle must be retitled in
another state BEFORE it can be returned to Kansas. The Kansas repossession
title CANNOT be assigned or reassigned to a Kansas buyer who will use the
title when applying for a new Kansas title.
ODOMETER DISCLOSURE STATEMENT
Unless the vehicle is exempt, an odometer disclosure statement, form TR-59, must be
completed by the transferee. There will be no transferor signature or printed name. The
odometer disclosure within the Repossession Affidavit, TR-84, can be used in lieu of the TR59.
SALES TAX ON A REDEEMED REPOSSESSED MOTOR VEHICLE
The Kansas Uniform Commercial Code (UCC) provides a right of redemption to a debtor
whose property is repossessed because of loan default. A debtor’s right to redeem a vehicle
that is subject to Kansas title and registration laws continues even after the lender has
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repossessed and titled the vehicle in the lender’s name. The debtor’s right to redeem ends if
and when the lender sells the repossessed vehicle to someone other than the debtor.
When a lender grants a debtor permission to redeem a vehicle pursuant to KSA 84-9-506,
the transaction is not regarded as a sale and is NOT subject to Kansas sales tax. The lender
shall transfer their title to a repossessed vehicle by assigning the repossession title to the
debtor.
FEE FOR REPOSSESSION TITLE
There is an additional fee of $3.00 for a repossession title. With the $10.00 title fee added,
the total fee for a repossession title is $13.00
BRANDING THE TITLE AS REPOSSESSION
The word “REPOSSESSION” will be printed on the Kansas title under “Vehicle Record
Notations”.
SUBMITTING PAPERWORK
The Repossession Affidavit and the required supporting paperwork are the required titling
documents for the vehicle. Attach the affidavit and supporting documents to application.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-135
April 2013
State of Kansas
84-9-506
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ABANDONED VEHICLES
CONDITIONS
Any vehicle which has been left on a Kansas highway or public property for more than 48
hours is subject to removal by the public agency which has jurisdiction over such highway
or property. Vehicles left on private property may be removed by the aforementioned public
agencies, at the request of the owner or occupant of such property, regardless of the 48 hour
provision.
NOTE: Abandoned
Vehicle
Affidavits
CAN
ONLY
BE
USED
BY
A
PUBLIC AGENCY.
REQUIREMENTS
Length of Time Impounded
Abandoned Vehicle Affidavit
Verification of Last Registered Owner
Proof of Notification
Proof of Publication
Odometer Disclosure Requirement
LENGTH OF TIME IMPOUNDED
MPOUNDED
The vehicle must be impounded fifteen (15) days or longer.
ABANDONED VEHICLE AFFIDAVIT
A completed "Abandoned Vehicle Affidavit, TR-105" must be given to the purchaser of the
vehicle.
VERIFICATION OF LAST REGISTERED OWNER
Verification of the last registered owner must be obtained and issued by contacting the
County Treasurer, if record is available; the Division of Vehicles, Title and Registration
Bureau, Verification Desk, Topeka, Kansas 66626-0001; from the Kansas.gov or from the
law enforcement agency conducting the sale.
PROOF OF NOTIFICATION
If the vehicle is registered in Kansas, the public agency must send notification, by certified
mail, to the owner(s) and lien holder(s) at the address shown on the verification, advising of
when the vehicle will be sold. Proof of the 15-day certified mail notice to the owner(s) and
lien holder(s) must be attached to documentation provided to the vehicle purchaser.
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PROOF OF PUBLICATION
Proof that the notice was published during two (2) consecutive weeks in a county newspaper
with general circulation. Notice must describe the make, year, serial or VIN number,
model; if known, the owner's name; and the date, time and place the vehicle will be sold
public auction. Notice shall be published fifteen (15) days after certified mail is sent to
owner(s) and lien holder(s), if applicable.
ODOMETER DISCLOSURE REQUIREMENT
A TR-59 must be completed only by the transferee,
transferee unless the vehicle is exempt from the
requirement. An odometer reading must be provided for exempt vehicles.
SUBMITTING PAPERWORK
The Abandoned Vehicle Affidavit and the required supporting paperwork are the required
titling documents for the vehicle. The purchaser WILL NOT be able to apply for title and
registration if the public agency fails to provide all the required documents listed above.
Attach Abandoned Vehicle Affidavit and supporting paperwork to application.
PURCHASER IS AN INDIVIDUAL OR BUSINESS
An individual or business purchasing the vehicle must apply for title and REGISTRATION or
apply for a Salvage, Non-Highway or Nonrepairable title within 60 days from the
assignment of the Abandoned Vehicle Affidavit. A "Title Only" cannot be processed for this
situation.
PURCHASER IS THE SELLER
If the vehicle purchaser is the same as the seller, an application for either a "Title Only" or
"Title and Registration" is acceptable. Application must be made within 60 days of
assignment of the Abandoned Vehicle Affidavit.
SALES TAX
If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the
County Treasurer.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-1101
April 2013
State of Kansas
8-1102
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SELF-SERVICE STORAGE
LIEN SALE AFFIDAVIT
CONDITIONS FOR FILING A SELF-SERVICE STORAGE LIEN SALE AFFIDAVIT
A Kansas resident who owns a self-service storage business located within the state of Kansas and has a
rental agreement for storage space which the rent payments are more than 45 days in default may use the
Self-Service Storage Lien Sale Affidavit, form TR-96S.
REQUIREMENTS FOR ALL SELF-SERVICE STORAGE LIEN SALE AFFIDAVIT
VERIFICATION OF LAST REGISTERED OWNER/LIEN HOLDER
A verification of the last registered owner and lien holder, if applicable, must be obtained through the
County Treasurer’s office, or the Titles and Registrations Bureau in Topeka or from the Kansas.gov .
VIN VERIFICATION
If the vehicle was not titled in Kansas, an MVE-1, VIN verification performed by the Kansas Highway
Patrol or their designee is required. This is to be obtained by the purchaser of the vehicle.
ODOMETER DISCLOSURE STATEMENT
The Self-Service Storage Lien Sale Affidavit, TR-96S, has an Odometer Disclosure Statement
incorporated in the form. This portion of the form must be completed for non-exempt vehicles.
SELF-SERVICE STORAGE LIEN SALE AFFIDAVIT
The storage operator must complete the Self-Service Storage Lien Sale Affidavit, TR-96S. This includes
the type of sale which was held, purchaser’s name, and the purchase price of the vehicle.
SUBMITTING PAPERWORK
The Self-Service Storage Lien Sale Affidavit must have the following documents attached:
Verification of ownership, and lien holder if applicable;
Copies of notices sent to occupant/owner and lien holder and proof that second notice was sent
restricted mail to the owner/occupant and by certified mail to the lien holder;
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State of Kansas
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Copy of newspaper ad, and;
Copy of storage/rental agreement.
If the verification is “no record” or is an out-of-state title, an MVE-1 must also be attached.
PURCHASER IS AN INDIVIDUAL OF BUSINESS
If the vehicle is purchased by an individual or business different from the seller (claimant), the purchaser
must apply for title and registration or apply for a Non-Highway title within 60 days from the assignment
of the Self-Service Storage Lien Sale Affidavit. A "Title Only" cannot be processed for this situation.
PURCHASER IS THE SELLER/CLAIMANT
If the vehicle purchaser is the same as the seller (claimant), an application for either a "Title Only" or
"Title and Registration" is acceptable. Application must be made within 60 days of assignment of the
Self-Service Storage Lien Sale Affidavit.
SALES TAX
If a fee has been exchanged for vehicle, sales tax should be assessed and collected by the County
Treasurer.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
58-813
April 2013
State of Kansas
58-817
84-9-627
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MECHANIC LIEN AFFIDAVIT
CONDITIONS
A Mechanic Lien may be filed when the following conditions have been meet:
•
The vehicle has been in the mechanic's POSSESSION for at least ninety (90) days:
•
The owner has consented or requested work be performed or repairs made to the vehicle,
and
•
Payment for said services was not received.
REQUIREMENTS
There are four (4) different situations concerning a Mechanic Lien Sale process. The keys
are if the owner is known or not known and the value of the vehicle.
ALL Mechanic Lien Sale Affidavits must have these five (5) items listed below. For detailed instructions,
just click on top of the item in question. To the far right will be the word “All”, which indicates all
applications must have that item.
Mechanic Lien Sale Affidavit,
Verification,
MVE-1,
Odometer Disclosure, and
Itemized Statement of Repairs.
Owner Known
Owner Not Known
Owner Not Known
Exceeds
$100
Exceeds
$100
$100 or
Less
Owner Known
√
√
24
√
Yes
√
Yes
No*
(M
MECHANIC RETAINS VEHICLE)
April 2013
State of Kansas
Yes
Handbill Notice
Vehicle
Value
Newspaper
Notice
SITUATION
Must be
Sold at
Public
Auction
Mailing Notices
to Owner &
Lien Holder
Below is a list of the four different situations and the additional requirements for each. For
detailed instructions, just click on the check mark (√) or the Yes/No for the item in question.
To the far right will be which situation requires that item.
√
County Treasurer's Manual
Legal Document Instructions
MECHANIC LIEN AFFIDAVIT
ALL APPS.
The mechanic must complete the Mechanic Lien Affidavit, TR-96. This includes the date
the public sale was held, purchaser’s name, and the purchase price of the vehicle.
VERIFICATION OF LAST REGISTERED OWNER/LIEN HOLDER
ALL APPS.
A verification of the last registered owner and lien holder, if applicable, must be obtained
through the County Treasurer’s office, or the Titles and Registrations Bureau in Topeka or
from Kansas.gov.
MVEMVE-1
ALL APPS.
A Motor Vehicle Examination, form MVE-1, issued by the Kansas Highway Patrol is
required before applying for title.
ODOMETER DISCLOSURE STATEMENT
ALL APPS.
An Odometer Disclosure Statement (ODS), form TR-59, will be required if the vehicle is not
exempt from this requirement. The ODS will be completed by the transferee only; there
will be no signature or printed name for the transferor. An odometer reading is required for
exempt vehicles.
ITEMIZED STATEMENT OF REPAIRS OR IMPROVEMENTS
ALL APPS.
An itemized statement covering the work for repairs or improvements to the vehicle must
be attached to the Mechanic Lien Affidavit.
PUBLIC AUCTION
ALL* APPS.
Kansas statute KSA 58-212 requires the vehicle be sold at public auction. The newspaper
notice or the posted sales notice is the proof of public auction.
* However, if the owner is known, a mechanic can retain the vehicle (title vehicle in the
business name) without public auction, unless an objection is received from the owner
and/or lien holder within 15 days of mailing of the notices. If an objection is received,
vehicle must be disposed meeting the requirements of “Owner Known – Value Exceeds
$100”.
MAILING
AILING NOTICE(S)
OWNER KNOWN-EXCEEDS $100
Notices to the owner and lien holder, if applicable, are to be sent by registered mail return
receipt(s) indicating that the vehicle will be sold at public auction (to include date, time and
place) if amount due is not paid within 15 days from date of mailing. Name(s) and
address(es) on registered mail receipt must match verification information.
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If a mechanic is charging storage fees in addition to the parts and labor, when such fee has
accumulated for 30 days, notice must be sent by CERTIFIED mail to owner and lien holder of
record. If the notice is not mailed before the 31st day, no additional storage fee beyond the
30 days charge can be assessed until such notice is mailed. Attach registered and/or
certified mail receipt as proof.
NEWSPAPER NOTICE
OWNER KNOWN OR NOT KNOWN-EXCEEDS $100
Published newspaper notice shall contain the vehicle’s year, make, complete VIN, the date,
time and place of sale.
IF THE OWNER IS NOT KNOWN, (to notify the owner or lien holder of claimant’s lien, and to
advertise the public auction) the notice shall be published at least once a week for a period
of three (3) consecutive weeks in the county where the sale is advertised to take place.
IF THE OWNER IS KNOWN, (as declaration of public auction) the same newspaper notice
information noted above applies except the notice only needs to be published once prior to
the public auction.
If there is no newspaper published in the county, notice shall be published in a newspaper
of general circulation. Attach the newspaper clipping of ad as proof of publication. If
owner is not known, also attach copy of newspaper invoice indicating ad was run for 3
consecutive weeks. If more than one vehicle is listed in the newspaper ad, highlight or
underline the vehicle information in the ad for the vehicle listed on this affidavit.
HANDBILL NOTICE
OWNER NOT KNOWN-VALUE IS $100 OR LESS
Written or printed handbills posted in 5 public places within the township or city where
mechanic is located or the sale is to take place may serve as notice of public sale. One
handbill shall be posted in a conspicuous part of the mechanic place of business. Attach a
copy of handbill as proof.
A handbill notice must contain the vehicle’s year, make and complete VIN, the date, time
and place of sale and the following statement:
Notice is hereby given that I, (BUSINESS OWNER’S NAME) forwarding merchant, warehouse
keeper, stage, express or railway company, hotel keeper, carrier or other bailee, under the
firm name of (BUSINESS NAME) at, (CITY), Kansas, will offer for public sale and will sell to the
best and highest bidder for cash, with the purpose of satisfying service and storage
thereupon, the above referenced vehicle. The same is sold as the property of one (BUSINESS
NAME) and affiant does hereby receive the right to bid upon said vehicle.
Date
April 2013
State of Kansas
Affiant Signature
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PURCHASER IS AN INDIVIDUAL OR BUSINESS
If an individual or business different from the mechanic purchases the vehicle, the
purchaser must apply for title and registration or apply for a Salvage, Non-Highway or
Nonrepairable title within 60 days from the assignment of the Mechanic Lien Sale
Affidavit. A "Title Only" cannot be processed for this situation.
PURCHASER IS THE SELLER
If the vehicle purchaser is the mechanic, an application for either a "Title Only" or "Title
and Registration" is acceptable. Application must be made within 60 days of assignment of
the Mechanic Lien Sale Affidavit.
SALES TAX
If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the
County Treasurer.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
58-201
58-202
58-210
58-211
58-212
58-213
58-214
58-215
58-247
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POSSESSORY LIEN AFFIDAVIT
CONDITIONS
A business located in Kansas that provides a towing and recovery service as defined by law
may file a Possessory Lien Affidavit, TR-85.
DISPOSE OF THE VEHICLE AFTER 30 DAYS
Any vehicle remaining in the possession of a person providing wrecker or towing service for
a period of 30 days after such wrecker or towing service was provided, and complying with
all requirements, may be sold to pay the reasonable or agreed charges for such recovery,
transportation, protection, storage or safekeeping of such vehicle and personal property
therein, the costs of such sale, the costs of notice to the owner of the vehicle and publication
after giving the notices required by this Kansas statutes.
REQUIREMENT FOR ALL POSSESSORY LIENS
VERIFICATION OF LAST REGISTERED OWNER/LIEN HOLDER
A verification of the last registered owner and lien holder, if applicable, must be obtained
through the County Treasurer’s office, the Titles and Registrations Bureau in Topeka or
Kansas.gov . The verification must be applied for not more than 30 days after taking
possession of the vehicle.
VIN VERIFICATION, MVEMVE-1 REQUIRED
If the vehicle was not titled in Kansas, “No Record Found” verification is provided by the
division of vehicles, an MVE-1, VIN verification performed by the Kansas Highway Patrol
or their designee is required.
required
ODOMETER DISCLOSURE STATEMENT
An Odometer Disclosure Statement (ODS), form TR-59, will be required if the vehicle is not
exempt from this requirement. Exempt vehicles are those that are 10 or more model years
old and heavy trucks. The ODS will be completed by the transferee only; there will be no
signature or printed name for the transferor.
An odometer reading is required for all
vehicles, including exempt.
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POSSESSORY LIEN AFFIDAVIT
The tow service must complete the Possessory Lien Affidavit, TR-85. All requirements
listed on the TR-85 with a revision date of June 2004 or later must be fulfilled.
COPY OF THE TOW AND STORAGE NOTICE
KSA 8-1103(b) states: At the time of providing wrecker or towing service, any person
providing such wrecker or towing service shall give written notice to the driver, if available,
of the vehicle being towed that a fee will be charged for storage of such vehicle. Failure to
give such written notice shall invalidate any lien established for such storage fee.
On the Possessory Lien Affidavit, TR-85 with a revision date of June 2004 or later, there is
a space to check “Tow Requested/Authorized By: [ ] Driver [ ] Law Enforcement.” If the
box for law enforcement is checked, a copy of the tow and storage notice is not necessary. If
the box for driver is checked or if no box is checked, then a copy of a tow request or a bill
that was signed by the driver before the vehicle was towed which states that a storage fee is
charged will meet this requirement.
VEHICLE OWNER KNOWN-PROOF OF WRITTEN NOTICES
If the vehicle owner is known, within 15 days of providing the tow service a notice shall be
given to the owner, by certified mail, that the vehicle is being held subject to satisfaction of
the lien. The certified mail receipt will be the proof that the notice was given.
Within 10 days of receipt of the verification, a written notice must be sent by certified mail
to the last registered owner(s) and lien holder(s) stating that if the amount due, together
with storage, publication, notice and sale cost is not paid within 15 days from the date of
the mailing, the vehicle and personal property will be sold at public auction.
The notice shall also state the time, date and place of the sale. The certified mail receipt
will be the proof that written notice was mailed within the 10 day period.
NOTE
KSA 8-1108 Invalidity of Lien.
Failure to give any notice required under
provisions of the statute (KSA 8-1103 through 8-1108) shall stop the imposition of
storage fee, until the notice provisions are complied with in accordance with the
provisions of this act.
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PROOF OF PUBLICATION OF SALE
In order for the public to be informed of the sale, thus meeting the requirement of a public
sale, a notice must be published.
The published notice must contain the vehicle’s year,
make, complete VIN number and the time, date and place of the sale. The notice must be
published in the county where sale is to be held. If there is no county newspaper, notice
shall be published in a newspaper of general circulation. A clipping of the ad showing the
date of the publication, or a copy of the ad and a copy of the bill from the newspaper
showing the date the ad was published will be the proof of publication.
SUBMITTING PAPERWORK
The copy of the tow and storage bill/notice; copy of verification; odometer disclosure
statement, TR-59; owner known-certified mail receipts as proof of written notices; and proof
of publication of sale are to be attached to the Possessory Lien Affidavit, TR-85.
The
properly completed Possessory Lien Affidavit and the required supporting paperwork will
be the titling documents for the vehicle. The purchaser must bring all these documents to
the County Treasurer’s office to make application for title and registration. The purchaser
will not be able to apply for title and registration if the tow service operator fails to provide
all the required documents mentioned. Attach Possessory Lien Affidavit and supporting
paperwork to application.
PURCHASER IS AN INDIVIDUAL OR BUSINESS
If an individual or business, different from the seller, purchases the vehicle(s) the purchaser
must apply for title and registration or apply for a Salvage, Non-Highway or Nonrepairable
title within 60 days from the assignment of the Possessory Lien Affidavit. Exception: A
Kansas licensed dealer may apply for a "Title Only.”
PURCHASER IS THE SELLER
If the vehicle purchaser is the same as the seller, an application for either a "Title Only" or
"Title and Registration" is acceptable.
Application must be made within 60 days of
assignment of the Possessory Lien Affidavit.
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SALES TAX
If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the
County Treasurer.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
66-1329
8-1103
8-1104
8-1105
8-1107
8-1108
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LANDLORD AFFIDAVIT
CONDITIONS FOR FILING A LANDLORD AFFIDAVIT
A landlord of a dwelling or building may file a Landlord Affidavit (TR-125) when a vehicle
has been left/abandoned on said premises by a tenant.
The vehicle must be in the landlord’s possession for thirty (30) days or longer after the
vehicle was left/abandoned.
A Landlord’s Affidavit
CANNOT
be used for mobile or manufactured homes.
REQUIREMENTS FOR A LANDLORD AFFIDAVIT
PROOF THAT TENANT WAS RENTING OR LEASING FROM LANDLORD
A copy of the rent/lease agreement or proof of rent payment from tenant to landlord will
document this requirement. Attach to the TR-125
VERIFICATION
ERIFICATION OF LAST REGISTERED OWNER AND LIEN HOLDER
A verification of the last registered owner and lien holder(s), if applicable, must be obtained
through the County Treasurer’s office, or the Titles and Registrations Bureau in Topeka or
from the Kansas.gov . Attach the verification to the TR-125. If there is no Kansas record
for the vehicle, a “No Record Letter” is to be attached to the TR-125.
PROOF OF PUBLICATION
A copy of the newspaper notice which was published
ONCE
in a newspaper where the
dwelling is located. The notice must be published at least fifteen (15) days prior to the sale
or disposition of the vehicle.
The newspaper clipping must be attached as proof of
publication. The vehicle’s make, year, VIN and the time, date and location of the sale must
be included in the published notice.
PROOF OF WRITTEN NOTICE
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If the verification listed an owner and lien holder, if applicable, within seven (7) days after
the publication, a copy of the public notice must be mailed to the tenant's last known
address and to the lien holder(s) (if applicable). Proof of registered or certified mailing is
required as proof of written notice is to be attached to the TR-125.
If the vehicle owner’s name on the verification is different than the tenant’s name, the
landlord is to send a notice by registered or certified mail to the owner’s name and address
and lien holder, if applicable, on the verification. Attach proof of registered or certified
mailing to the TR-125.
VIN VERIFICATION
If the vehicle was not titled in Kansas (No Record Verification), an MVE-1, VIN verification
performed by the Kansas Highway Patrol or their designee is required.
required Attach MVE-1 to
the TR-125.
ODOMETER DISCLOSURE STATEMENT
An Odometer Disclosure Statement (ODS), form TR-59, will be required if the vehicle is not
exempt from this requirement.
The ODS will be completed by the transferee only, there
will be no signature or printed name for the transferor. An odometer reading is required for
exempt vehicles. Attach the TR-59 to the TR-125.
LANDLORD AFFIDAVIT
The landlord must complete the Landlord Affidavit, TR-125. This includes the date the
public sale was held, purchaser’s name, and the purchase price of the vehicle.
SUBMITTING PAPERWORK
The Landlord Affidavit and the required supporting paperwork are the titling documents
for the vehicle. The purchaser will not be able to apply for title and registration if the
landlord fails to provide all the required documents listed. Attach Landlord Affidavit and
supporting paperwork to application.
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PURCHASER IS AN INDIVIDUAL OR BUSINESS
If an individual or business different from the seller purchases the vehicle, the purchaser
must apply for title and registration or apply for a Salvage, Non-Highway or Nonrepairable
title within 60 days from the assignment of the Landlord Affidavit. A "Title Only" cannot
be processed for this situation.
PURCHASER IS THE SELLER
If the vehicle purchaser is the same as the seller, an application for either a "Title Only" or
"Title and Registration" is acceptable. Application must be made within 60 days of
assignment of the Landlord’s Affidavit.
SALES TAX
If a fee has been exchanged for a vehicle, sales tax should be assessed and collected by the
County Treasurer.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
58-2543
April 2013
State of Kansas
58-2565
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TRANSFER ON DEATH-TOD
Any beneficiary may be added or deleted at any time by the vehicle owner(s)
by applying for a title and transfer and paying the title
AND
transfer fee.
TOD BENEFICIARY ON TITLE
ADDING TOD TO TITLE
To add a TOD to a title, the owner is to submit the current title to the Treasurer’s office.
The owner is to inform the Treasurer’s office how the TOD beneficiaries are to be listed on
the new title. The beneficiaries will have no legal ownership or claim to the vehicle until all
owner(s) of the motor vehicle are deceased.
BENEFICIARIES, TRUSTS, BUSINESS
The owner can have one or two TOD beneficiaries for a vehicle. Consent or approval by the
beneficiary(s) to be added to or deleted from the title is not required.
A trust can also be listed as a TOD. There is a space limit of the number of spaces available
for the TOD names. Only forty (40) spaces are available. To effectively use the limited
space, only the last name of the person(s) listed in the trust will be used. Next will come
the type of trust. If space permits, the date of the trust can be entered. If there is not
enough space to show entire the date, omit the entire date.
It will also be allowable for business entities, including non-profit agencies, corporations,
LLC’s, associations, partnership, etc., to be listed as a TOD beneficiary. These entities will
be processed in the same way as an individual.
CHANGING BENEFICIARY DESIGNATIONS
The owner without the consent or approval of the beneficiary may change beneficiary
designations at any time.
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BENEFICIARY DIES BEFORE THE OWNER
If the beneficiary dies before the owner, the gift fails. The estate of a TOD beneficiary
claim the vehicle due to the TOD on the title. If the owner and the TOD beneficiary
are both deceased, the vehicle will be part of the owner’s estate and can be transferred by
probated will or if there is not probated will, a Decedent Affidavit, TR-83a or Claim of Heir
Affidavit, TR-83b.
CANNOT
TITLING VEHICLE INTO TOD’S NAME
VERIFICATION
Verification the vehicle was last titled in Kansas is required. The verification must show
the deceased as owner and the name(s) of the TOD beneficiary(s). The verification can be:
the current title, the last registration receipt, or a verification of title issued by the County
Treasurer, the Kansas Division of Vehicles or Kansas.gov.
If the TOD beneficiary(s) does not appear on the title, the closest surviving heir(s) can
utilize the Decedent Affidavit or the Claim of Heir Affdavit.
DEATH CERTIFICATE
A copy of the death certificate for the owner(s) shown on the Kansas title must be
submitted.
VEHICLE HAS A LIEN
The TOD beneficiary would assume any liens noted on the title. A lien holder’s consent to
transfer ownership to beneficiary, TR-128 or release of lien must be submitted at the time
of application.
BENEFICIARY DISCLAIMS INTEREST
If a beneficiary shown on the title wishes to disclaim interest in the vehicle, the
disinterested beneficiary must provide an affidavit conveying their interest to the other
named beneficiary. At least one of the beneficiaries listed on the title must title the vehicle
in their name before transferring the ownership of the vehicle. If there is only one
beneficiary, that person cannot disclaim interest in the vehicle.
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ONE AND THE SAME AFFIDAVIT
If the name of a beneficiary listed on the deceased title is not the way the beneficiary wants
it listed on the new title, a One and the Same Affidavit, TR-12, will be required.
TRUSTS OR BUSINESS
If the beneficiary is a trust, a completed Certification of Trust, TR-81, may be used. Use the
full name of the trust as shown on the trust documents when completing the title
application to transfer into the trust name.
Business entities, including non-profit agencies, corporations, LLC’s, associations,
partnership, etc. will be processed in the same way as an individual.
TRANSFER ON DEATH AFFIDAVIT
The beneficiary(s) must submit a completed Transfer on Death Affidavit, TR-82.
MAKING APPLICATION
The beneficiary(s) may make application for either a “Title Only” or “Title and
Registration.” The application must be made at the County Treasurer’s office in the county
in which the beneficiary resides. All the documents listed under “Titling Vehicle into TOD’s
Name” above must be submitted at the time of application.
If there are two beneficiaries living in two different Kansas counties or one in Kansas and
the other in another state, the application can be made in the county or state of the
beneficiaries’ choice. If the beneficiaries do not live in Kansas, it is the beneficiaries’
responsibility to make application in the proper jurisdiction.
There is no sales tax due.
The registration issued to the deceased owner cannot be transferred to the beneficiary(s),
unless the beneficiary is the surviving spouse.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-135
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VALUELESS MOBILE/MANUFACTURED
HOME AFFIDAVIT
CONDITIONS FOR USING A VALUELESS MOBILE/MANUFACTURED HOME AFFIDAVIT
Valueless Mobile/Manufactured Home means a home located in a mobile home park
including all other personal property, where ALL of the following conditions exist:
•
The home is considered abandoned if a tenant has been absent from the mobile home
without reasonable explanation for 30 days or more during which time there is a default
of rent three days after rent is due.
•
A lien of record, other than a tax lien, does not exist against the home. A lien exists only
if the real property owner receives notice of a lien or a lien has been filed in the state or
county records on a date before the home is considered to be valueless.
•
The value of the home and other personal property is equal to or less than the
reasonable cost of disposal plus all sums owing to the real property owner pertaining to
the home.
•
The mobile home park owner must wait at least 30 days before removing the home.
The mobile home park owner CANNOT receive consideration for the valueless
mobile/manufactured home and personal property. It only allows the park owner to
remove the home and personal property to a demolisher, sanitary land fill, or other lawful
disposal site or allow a disinterested third party to remove the valueless home and
personal property in a transaction in which the park owner receives no consideration.
FILING AFFIDAVIT WITH COUNTY TREASURER
The Valueless Mobile/Manufactured Home Affidavit, TR-62, must be submitted to the
County Treasurer’s office in the county in which the mobile home park is located within ten
(10) days of foreclosure by the mobile home park owner.
REQUIREMENTS FOR DISINTERESTED THIRD PARTY
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The following documents must be attached to a copy of the Valueless Mobile/Manufactured
Home Affidavit when mobile/manufacture home is disposed of by a mobile home park owner
for NO CONSIDERATION:
•
Copy of the rental or lease agreement between the mobile home park owner and the
tenant.
•
Copy of the lien notice that was posted on the mobile/manufactured home by the mobile
park owner. The notice must include the date the notice was posted.
•
Copy of the standardized registration. (KSA 58-227 requires that a mobile home park
tenant fill out a standardized registration showing the home’s year, make, serial
number, if there is a lien and if so with whom, and the name of the legal owner. The
park owner is required to keep this card or form as long as the home is in the park.)
•
Proof of mailing mobile home park owner’s lien notice to tenant by registered mail.
•
Proof of mailing mobile home park owner’s lien notice to lien holder(s) by registered
mail, if applicable.
ISSUING TITLE TO THE DISINTERESTED THIRD PARTY
The disinterested third party who has removed the valueless mobile/manufactured home
must submit a copy of the Valueless Mobile/Manufactured Home Affidavit and all the above
required documentation to the County Treasurer’s office in the county in which the home is
going to be located when applying for a Mobile/Manufactured Home title. Attach Valueless
Mobile/Manufactured Home Affidavit and supporting paperwork to application.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
58-227
58-25,103
58-4213
58-25,121
April 2013
State of Kansas
39
County Treasurer's Manual
Legal Document Instructions
CHARITABLE ORGANIZATION VEHICLE
AUCTIONS
CONDITIONS
The charitable organization must be exempt from federal income taxation pursuant to
section 501(c)(3).
The charitable organization must be an eligible recipient of a charitable contribution
pursuant to section 170(c)(2) of the federal internal revenue code.
The motor vehicle must be donated to the charitable organization for the purpose of
selling such motor vehicle at a charitable auction.
The proceeds of the auction are to be used for the benefit of such charitable organization.
The certificate of title of such motor vehicle has been assigned to the charitable
organization.
CHARITABLE ORGANIZATION MUST APPLY FOR TITLE ONLY
A charitable organization meeting the above requirements and completing an Affidavit for
Charitable Organization Vehicle Auction, form TR-110, must make application for a Title
Only in the organization’s name before auctioning the vehicle.
SALES TAX
A sales tax exemption is required.
OPERATION OF VEHICLE NOT PERMITTED
It is unlawful for any person to operate or knowingly permit the operation in this state of a
motor vehicle required to be registered. The motor vehicles donated to a charitable
organization cannot be test driven on public roadways without being registered and
displaying a license plate.
STATUTE CITES, KANSAS STATUTES ANNOTED (K.S.A.)
8-1,144
April 2013
State of Kansas
40
County Treasurer's Manual
Legal Document Instructions