S T A T E   O F   N E W   Y O R K
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    S. 3520                                                  A. 4401

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 5, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Housing,
  Construction and Community Development

IN ASSEMBLY -- Introduced by M. of A. LOSQUADRO -- Multi-Sponsored by --
  M. of A. THIELE -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to amend the executive law, the vehicle and traffic law and the
  real property law, in relation to manufactured  home  certificates  of
  title,  and  the  conveyance  and encumbrance of manufactured homes as
  real property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  13  of  section 372 of the executive law, as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  13. "Mobile home" OR "MANUFACTURED HOME" means a [moveable or portable
unit  designed and constructed to be towed on its own chassis, comprised
of  frame  and  wheels,  connected  to  utilities,  and   designed   and
constructed without a permanent foundation for year-round living. A unit
may contain parts that may be folded, collapsed or telescoped when being
towed and expanded later to provide additional cubic capacity as well as
two or more separately towable components designed to be joined into one
integral  unit  capable of being again separated into the components for
repeated towing. "Mobile home" shall mean  units  designed  to  be  used
exclusively  for  residential purposes, excluding travel trailers] MANU-
FACTURED HOME AS DEFINED IN PARAGRAPH FIFTY-THREE OF SUBSECTION  (A)  OF
SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE.
  S 2. Section 122-c of the vehicle and traffic law, as added by chapter
322 of the laws of 1993, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06159-01-3

              

S. 3520                             2                            A. 4401

  S 122-c. Mobile  home or manufactured home. A structure, transportable
in one or more sections, which in the traveling mode, is eight body feet
or more in width or forty body feet or more in length, or  when  erected
on site, is three hundred twenty or more square feet, and which is built
on  a  permanent  chassis  and designed to be used as a dwelling with or
without a permanent foundation when connected to required utilities, and
includes the plumbing, heating, air-conditioning and electrical  systems
contained  therein.   NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF
11 USC S 1322(B)(2), A MANUFACTURED HOME SHALL  BE  DEEMED  TO  BE  REAL
PROPERTY.
  S  3.  Paragraph  19 of subdivision (a) of section 2102 of the vehicle
and traffic law, as added by chapter 322 of the laws of 1993, is amended
to read as follows:
  (19) A [mobile home or a] manufactured  home,  manufactured  prior  to
July  first, nineteen hundred ninety-four and designated by the manufac-
turer as being a nineteen hundred  ninety-four  or  earlier  model  year
[mobile  home or] manufactured home, [and] any [mobile home or] manufac-
tured home, manufactured or assembled prior to January  first,  nineteen
hundred  ninety-four  for  which  the  manufacturer has not designated a
model year, AND ANY "FACTORY MANUFACTURED HOME" AS DEFINED  IN  SUBDIVI-
SION EIGHT OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECUTIVE LAW.
  S  4. Section 2107 of the vehicle and traffic law is amended by adding
six new subdivisions (d), (e), (f), (g), (h) and (i) to read as follows:
  (D) THE COMMISSIONER SHALL NOT ISSUE A CERTIFICATE OF TITLE TO A MANU-
FACTURED HOME WITH RESPECT TO WHICH THERE HAS BEEN RECORDED AN AFFIDAVIT
OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A OF  THE  REAL
PROPERTY LAW.
  (E) THE COMMISSIONER SHALL FILE, UPON RECEIPT, EACH AFFIDAVIT OF AFFI-
XATION OR AFFIDAVIT OF SEVERANCE RELATING TO A MANUFACTURED HOME THAT IS
DELIVERED  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED NINETY-SIX-A OF THE
REAL PROPERTY LAW, WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY.
  (F) THE COMMISSIONER SHALL MAINTAIN A  RECORD  OF  ALL  AFFIDAVITS  OF
AFFIXATION  HE  OR  SHE FILES IN ACCORDANCE WITH SUBDIVISION (E) OF THIS
SECTION. THE RECORD SHALL STATE THE NAME OF THE OWNER  OF  THE  MANUFAC-
TURED  HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND THE
BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
AN AFFIDAVIT OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED  NINETY-SIX-A
OF  THE  REAL  PROPERTY  LAW  AND  THIS  ARTICLE, AND ANY OTHER DATA THE
COMMISSIONER PRESCRIBES.
  (G) THE COMMISSIONER SHALL FILE, UPON RECEIPT,  EACH  APPLICATION  FOR
SURRENDER  OF  THE  CERTIFICATE OF TITLE RELATING TO A MANUFACTURED HOME
THAT IS DELIVERED IN ACCORDANCE WITH SECTION TWENTY-ONE  HUNDRED  SEVEN-
TEEN-A  OF  THIS ARTICLE, WHEN SATISFIED AS TO ITS GENUINENESS AND REGU-
LARITY.
  (H) THE COMMISSIONER SHALL MAINTAIN A RECORD OF EACH MANUFACTURED HOME
CERTIFICATE OF TITLE THAT HE OR SHE ACCEPTS FOR SURRENDER AS PROVIDED IN
SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE. THE RECORD SHALL
STATE THE NAME OF THE OWNER OF  THE  MANUFACTURED  HOME,  THE  DATE  THE
CERTIFICATE  OF TITLE WAS ACCEPTED FOR SURRENDER, THE COUNTY OF RECORDA-
TION, THE DATE OF RECORDATION, AND THE BOOK AND PAGE NUMBER OF EACH BOOK
OF DEEDS WHERE THERE HAS BEEN RECORDED AN AFFIDAVIT OF AFFIXATION PURSU-
ANT TO SECTION TWO HUNDRED NINETY-SIX-A OF THE  REAL  PROPERTY  LAW  AND
THIS ARTICLE, AND ANY OTHER DATA THE COMMISSIONER PRESCRIBES.
  (I)  THE  COMMISSIONER  SHALL  MAINTAIN  A RECORD OF EACH AFFIDAVIT OF
SEVERANCE HE OR SHE FILES IN ACCORDANCE WITH  SUBDIVISION  (E)  OF  THIS
SECTION.  THE  RECORD  SHALL STATE THE NAME OF THE OWNER OF THE MANUFAC-

S. 3520                             3                            A. 4401

TURED HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND  THE
BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
AN  AFFIDAVIT  OF SEVERANCE PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A
OF   THE  REAL  PROPERTY  LAW,  AND  ANY  OTHER  DATA  THE  COMMISSIONER
PRESCRIBES.
  S 5. Subdivision (e) of section 2108 of the vehicle and  traffic  law,
as  added  by  chapter  322  of  the laws of 1993, is amended to read as
follows:
  (e) Notwithstanding any other provision of law, a certificate of title
to a vehicle which is a [mobile home or a] manufactured home  issued  by
the  commissioner  is prima facie evidence of the facts appearing on it,
notwithstanding the fact that such vehicle, at any time, in any  manner,
shall  have  become  [attached  to realty] AFFIXED IN ANY MANNER TO REAL
PROPERTY.
  S 6. The vehicle and traffic law is amended by adding two new sections
2117-a and 2117-b to read as follows:
  S 2117-A. SURRENDER OF TITLE TO A MANUFACTURED HOME. (A) THE OWNER  OR
OWNERS  OF A MANUFACTURED HOME THAT IS COVERED BY A CERTIFICATE OF TITLE
AND THAT IS PERMANENTLY AFFIXED TO REAL PROPERTY,  OR  WHICH  THE  OWNER
INTENDS TO PERMANENTLY AFFIX TO REAL PROPERTY, MAY SURRENDER THE CERTIF-
ICATE  OF  TITLE  TO THE MANUFACTURED HOME TO THE COMMISSIONER BY FILING
WITH THE COMMISSIONER AN APPLICATION FOR SURRENDER OF  TITLE  CONTAINING
OR ACCOMPANIED BY:
  (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
  (2)  A  DESCRIPTION  OF THE MANUFACTURED HOME INCLUDING, SO FAR AS THE
FOLLOWING DATA EXISTS; THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME, THE MODEL YEAR, THE DIMENSIONS,  AND  THE  VEHICLE  IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND WHETHER IT IS NEW OR USED
AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
  (3)  THE  DATE  OF PURCHASE BY APPLICANT OF THE MANUFACTURED HOME, THE
NAME AND ADDRESS OF THE PERSON FROM WHOM THE HOME WAS ACQUIRED  AND  THE
NAMES  AND  ADDRESSES  OF ANY LIENHOLDERS IN THE ORDER OF THEIR APPARENT
PRIORITY;
  (4) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER, (I) ANY FACTS
OR INFORMATION KNOWN TO THE APPLICANT THAT COULD REASONABLY  AFFECT  THE
VALIDITY  OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR NON-
EXISTENCE OF SECURITY INTERESTS IN IT; OR (II) THAT  NO  SUCH  FACTS  OR
INFORMATION ARE KNOWN TO THE APPLICANT;
  (5)  A  CERTIFIED  COPY  OF THE AFFIDAVIT OF AFFIXATION AS PROVIDED BY
SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
  (6) THE NAME AND MAILING ADDRESS OF EACH  PERSON  TO  RECEIVE  WRITTEN
ACKNOWLEDGMENT OF SURRENDER FROM THE COMMISSIONER; AND
  (7)  ANY  OTHER  INFORMATION AND DOCUMENTS THE COMMISSIONER REASONABLY
REQUIRES TO IDENTIFY THE OWNER OF THE MANUFACTURED HOME  AND  TO  ENABLE
HIM  OR  HER TO DETERMINE WHETHER THE OWNER IS ENTITLED TO SURRENDER THE
CERTIFICATE OF TITLE AND THE  EXISTENCE  OR  NON-EXISTENCE  OF  SECURITY
INTERESTS IN THE MANUFACTURED HOME.
  (B)  THE  COMMISSIONER SHALL NOT ACCEPT FOR SURRENDER A CERTIFICATE OF
TITLE TO A MANUFACTURED HOME UNLESS AND  UNTIL  ANY  LIENS  PURSUANT  TO
SECTION  TWENTY-ONE  HUNDRED  FIVE-A  OF  THIS  ARTICLE AND ANY SECURITY
INTERESTS PURSUANT TO SECTIONS TWENTY-ONE HUNDRED SEVEN  AND  TWENTY-ONE
HUNDRED EIGHTEEN OF THIS ARTICLE HAVE BEEN RELEASED.
  (C) WHEN SATISFIED AS TO THE GENUINENESS AND REGULARITY OF THE SURREN-
DER  OF A CERTIFICATE OF TITLE TO A MANUFACTURED HOME AND UPON SATISFAC-
TION OF THE REQUIREMENTS OF SUBDIVISIONS (A) AND (B)  OF  THIS  SECTION,
THE COMMISSIONER SHALL CANCEL THE CERTIFICATE OF TITLE AND UPDATE HIS OR

S. 3520                             4                            A. 4401

HER  RECORDS  IN  ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS (G) AND
(H) OF SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE.
  (D)  UPON  SATISFACTION OF THE REQUIREMENTS OF THIS SECTION A MANUFAC-
TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PROVIDED  IN  SUBDIVISION
SEVEN OF SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW.
  (E)  UPON  WRITTEN  REQUEST,  THE  COMMISSIONER  SHALL PROVIDE WRITTEN
ACKNOWLEDGMENT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  S 2117-B. APPLICATION TO REINSTATE CERTIFICATE OF TITLE TO A  MANUFAC-
TURED  HOME.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, WHERE A
MANUFACTURED HOME HAS BEEN PERMANENTLY AFFIXED TO REAL PROPERTY, AND  AN
AFFIDAVIT  OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A OF
THE REAL PROPERTY LAW HAS BEEN RECORDED AS PART  OF  THE  REAL  PROPERTY
RECORDS  IN  THE  COUNTY  IN WHICH THE MANUFACTURED HOME IS LOCATED, AND
WHERE THE MANUFACTURED HOME SUBSEQUENTLY IS DETACHED OR SEVERED FROM THE
REAL PROPERTY, THE OWNER OR OWNERS MAY APPLY TO  REINSTATE  THE  CERTIF-
ICATE  OF  TITLE BY FILING WITH THE COMMISSIONER AN APPLICATION TO REIN-
STATE THE CERTIFICATE OF TITLE TO  A  MANUFACTURED  HOME  CONTAINING  OR
ACCOMPANIED BY:
  (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
  (2)  A  DESCRIPTION  OF THE MANUFACTURED HOME INCLUDING, SO FAR AS THE
FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME, THE MODEL YEAR, THE DIMENSIONS,  AND  THE  VEHICLE  IDENTIFICATION
NUMBER  OR  NUMBERS  OF  THE  MANUFACTURED HOME AND WHETHER IT IS NEW OR
USED, AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
  (3) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER: (I) ANY FACTS
OR INFORMATION KNOWN TO THE APPLICANT THAT COULD REASONABLY  AFFECT  THE
VALIDITY  OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR NON-
EXISTENCE OF SECURITY INTEREST IN IT; OR (II)  THAT  NO  SUCH  FACTS  OR
INFORMATION ARE KNOWN TO THE APPLICANT;
  (4)  A  CERTIFIED  COPY  OF  THE AFFIDAVIT OF SEVERANCE AS PROVIDED BY
SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
  (5) A SWORN DECLARATION BY AN ATTORNEY AT LAW, DULY ADMITTED TO  PRAC-
TICE  IN  THE  COURTS  OF  THE STATE OF NEW YORK, OR AN AGENT OF A TITLE
INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE  IN
THE  STATE  OF NEW YORK, THAT THE MANUFACTURED HOME IS FREE AND CLEAR OF
ALL LIENS AND ENCUMBRANCES, AND (I) ANY FACTS OR  INFORMATION  KNOWN  TO
HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTER-
ESTS IN IT; OR (II) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN  TO  HIM
OR HER; AND
  (6)  ANY  OTHER  INFORMATION AND DOCUMENTS THE COMMISSIONER REASONABLY
REQUIRES TO IDENTIFY THE MANUFACTURED HOME AND TO ENABLE HIM OR  HER  TO
DETERMINE  WHETHER  THE  OWNER IS ENTITLED TO A CERTIFICATE OF TITLE AND
THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTERESTS IN THE MANUFACTURED
HOME.
  (B) WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY OF THE  APPLI-
CATION  TO  REINSTATE  A CERTIFICATE OF TITLE TO A MANUFACTURED HOME AND
UPON SATISFACTION  OF  THE  REQUIREMENTS  OF  SUBDIVISION  (A)  OF  THIS
SECTION,  THE COMMISSIONER SHALL ISSUE A NEW CERTIFICATE OF TITLE PURSU-
ANT TO SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE AND  UPDATE  HIS
OR  HER  RECORDS IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-ONE
HUNDRED SEVEN OF THIS ARTICLE.
  (C) UPON SATISFACTION OF THE REQUIREMENTS OF THIS SECTION  A  MANUFAC-
TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PERSONAL PROPERTY.
  S 7. Subdivisions (d) and (e) of section 2118 of the vehicle and traf-
fic  law,  subdivision  (d) as added by chapter 322 of the laws of 1993,

S. 3520                             5                            A. 4401

subdivision (e) as amended by chapter  84  of  the  laws  of  2001,  are
amended to read as follows:
  (d)  A  security interest noted on a certificate of title to a vehicle
which is a [mobile home or a] manufactured home shall have priority over
[any other] ALL subsequent liens or security interests except for  those
set  forth  in  subdivision (c) of section [two thousand one] TWENTY-ONE
hundred three of this article.
  (e) [After]  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SECTIONS  TWENTY-ONE
HUNDRED  SEVENTEEN-A,  TWENTY-ONE  HUNDRED  SEVENTEEN-B  AND  TWENTY-ONE
HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  AND   SECTION   TWO   HUNDRED
NINETY-SIX-A  OF THE REAL PROPERTY LAW, AFTER a certificate of title has
been issued [in this state] for a [vehicle which is a mobile home or  a]
manufactured home, and as long as the [vehicle which is a mobile home or
a]  manufactured  home  is  subject  to  any security interest perfected
pursuant to this section, the commissioner shall not FILE  AN  AFFIDAVIT
OF  AFFIXATION, NOR revoke the certificate of title, NOR ISSUE A CERTIF-
ICATE OF TITLE UNDER SUBDIVISION (A) OF SECTION TWENTY-ONE HUNDRED SEVEN
OF THIS ARTICLE, and, in any event, the validity  and  priority  of  any
security  interest  perfected  pursuant  to this section shall continue,
notwithstanding the provision of  any  other  law[,  including  but  not
limited  to  section  9--303 and section 9-313 of the uniform commercial
code].
  S 8. Section 2123 of the vehicle and traffic law, as amended by  chap-
ter 322 of the laws of 1993, is amended to read as follows:
  S 2123. Exclusiveness  of procedure. The method provided in this arti-
cle of perfecting and giving notice of  security  interests  subject  to
this  article  is  exclusive. Security interests subject to this article
are hereby exempted from the provisions of law which otherwise relate to
the perfection of security interests,  [including  but  not  limited  to
section  9-313  of  the uniform commercial code] PROVIDED, HOWEVER, THAT
WITH RESPECT TO A MANUFACTURED HOME  THAT  IS  OR  WILL  BE  PERMANENTLY
AFFIXED TO REAL PROPERTY, UPON RECORDATION OF AN AFFIDAVIT OF AFFIXATION
PURSUANT  TO  SECTION  TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW
AND SATISFACTION OF  THE  REQUIREMENTS  OF  SECTION  TWENTY-ONE  HUNDRED
SEVENTEEN-A OF THIS ARTICLE, ANY PERFECTION OR TERMINATION OF A SECURITY
INTEREST WITH RESPECT TO SUCH PERMANENTLY AFFIXED PROPERTY SHALL CONFORM
TO THE REQUIREMENTS OF ARTICLE NINE OF THE REAL PROPERTY LAW.
  S 9. Paragraph 2 of subdivision (a) of section 2124 of the vehicle and
traffic  law, as added by chapter 322 of the laws of 1993, is amended to
read as follows:
  (2) [Notwithstanding any other provision of law] EXCEPT AS PROVIDED IN
SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE, the commissioner
shall not suspend or revoke a certificate of title to a  [vehicle  which
is  a  mobile  home or] manufactured home by reason of the fact that, at
any time, in any manner, it shall have become attached to [realty]  REAL
PROPERTY.
  S  10.  The real property law is amended by adding a new section 296-a
to read as follows:
  S 296-A. CONVEYANCE AND ENCUMBRANCE  OF  MANUFACTURED  HOMES  AS  REAL
PROPERTY.  1.  MANUFACTURED  HOME; PERMANENTLY AFFIXED TO REAL PROPERTY.
FOR PURPOSES OF THIS SECTION, THE TERM "MANUFACTURED  HOME"  SHALL  HAVE
THE  SAME  MEANING  AS  A  MANUFACTURED  HOME  AS  DEFINED  IN PARAGRAPH
FIFTY-THREE OF SUBSECTION (A) OF SECTION 9-102 OF THE UNIFORM COMMERCIAL
CODE. NOTWITHSTANDING THE  FORGOING,  FOR  THE  PURPOSES  OF  11  USC  S
1322(B)(2), A MANUFACTURED HOME SHALL BE DEEMED TO BE REAL PROPERTY. FOR
PURPOSES  OF  THIS SECTION, ARTICLE FORTY-SIX OF THE VEHICLE AND TRAFFIC

S. 3520                             6                            A. 4401

LAW, AND THE UNIFORM COMMERCIAL CODE, A MANUFACTURED HOME IS "PERMANENT-
LY AFFIXED" IF IT IS ANCHORED TO REAL PROPERTY BY ATTACHMENT TO A PERMA-
NENT FOUNDATION, CONSTRUCTED IN ACCORDANCE  WITH  APPLICABLE  STATE  AND
LOCAL  BUILDING  CODES  AND  MANUFACTURER'S  SPECIFICATIONS  IN A MANNER
SUFFICIENT TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S  WARRANTY,  AND
CONNECTED  TO  A  RESIDENTIAL  UTILITY  (E.G.,  WATER, GAS, ELECTRICITY,
SEWER).
  2. RECORD NOTICE.  (A) TO CONVEY OR VOLUNTARILY ENCUMBER AS REAL PROP-
ERTY, A MANUFACTURED HOME, THE FOLLOWING CONDITIONS MUST BE MET:
  (I) THE MANUFACTURED HOME SHALL BE PERMANENTLY AFFIXED TO REAL PROPER-
TY; AND
  (II) EACH PERSON HAVING AN  OWNERSHIP  INTEREST  IN  SUCH  HOME  SHALL
EXECUTE AND RECORD WITH THE RECORDING OFFICER OF THE COUNTY IN WHICH THE
REAL  PROPERTY  IS  LOCATED  AN  AFFIDAVIT  OF AFFIXATION AS PROVIDED IN
SUBDIVISION THREE OF THIS SECTION, AND SATISFY THE  APPLICABLE  REQUIRE-
MENTS OF THIS SECTION.
  (B)  UPON RECEIPT OF THE CERTIFIED COPY OF THE AFFIDAVIT OF AFFIXATION
PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION,  ANY  PERSON  DESIGNATED
THEREIN  FOR  FILING  WITH THE COMMISSIONER OF MOTOR VEHICLES SHALL FILE
THE AFFIDAVIT OF AFFIXATION WITH SUCH COMMISSIONER; EXCEPT THAT  IN  THE
CASE WHERE THE HOME IS COVERED BY A CERTIFICATE  OF TITLE, THE CERTIFIED
AFFIDAVIT  OF  AFFIXATION  SHALL BE FILED WITH THE COMMISSIONER OF MOTOR
VEHICLES PURSUANT TO SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THE VEHI-
CLE AND TRAFFIC LAW.
  3. AFFIDAVIT OF AFFIXATION.   (A) AN  AFFIDAVIT  OF  AFFIXATION  SHALL
CONTAIN OR BE ACCOMPANIED BY:
  (I)  THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL NAME, THE MODEL
YEAR, THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION NUMBER  OR  NUMBERS
OF THE MANUFACTURED HOME, AND WHETHER IT IS NEW OR USED;
  (II)(A)  A  STATEMENT  THAT  THE  PARTY EXECUTING THE AFFIDAVIT IS THE
OWNER OF THE REAL PROPERTY DESCRIBED THEREIN OR, (B) IF NOT THE OWNER OF
THE REAL PROPERTY, (1) A STATEMENT THAT THE PARTY EXECUTING THE  AFFIDA-
VIT  IS  IN  POSSESSION  OF THE REAL PROPERTY PURSUANT TO THE TERMS OF A
LEASE IN RECORDABLE FORM, AND (2) THE CONSENT OF THE LESSOR OF THE  REAL
PROPERTY  SHALL  BE  ENDORSED  UPON  OR ATTACHED TO THE AFFIDAVIT AND BE
ACKNOWLEDGED OR PROVED IN THE MANNER AS TO ENTITLE A  CONVEYANCE  TO  BE
RECORDED;
  (III) THE STREET ADDRESS AND THE LEGAL DESCRIPTION OF THE REAL PROPER-
TY UPON WHICH THE MANUFACTURED HOME IS OR WILL BE PERMANENTLY AFFIXED;
  (IV)  AS  APPLICABLE, (A) IF THE MANUFACTURED HOME IS NOT COVERED BY A
CERTIFICATE OF TITLE, A STATEMENT BY THE OWNER OR OWNERS TO THAT EFFECT;
AND
  (1) THE ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN FOR THE MANUFAC-
TURED HOME, DULY ENDORSED TO THE  OWNER  OF  THE  MANUFACTURED  HOME;  A
STATEMENT  THAT  ANNEXED  TO THE AFFIDAVIT OF AFFIXATION IS THE ORIGINAL
MANUFACTURER'S CERTIFICATE OF ORIGIN FOR  THE  MANUFACTURED  HOME,  DULY
ENDORSED TO THE OWNER OF THE MANUFACTURED HOME; OR
  (2)  A  STATEMENT THAT THE OWNER OR OWNERS OF THE HOME, AFTER DILIGENT
SEARCH AND INQUIRY, ARE UNABLE TO PRODUCE  THE  ORIGINAL  MANUFACTURER'S
CERTIFICATE OF ORIGIN FOR THE MANUFACTURED HOME;
  (B)  IF  THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, A
STATEMENT BY THE OWNER OR OWNERS OF THE MANUFACTURED HOME THAT THE MANU-
FACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE DATE  THE  TITLE
WAS  ISSUED, THE TITLE NUMBER, AND THAT THE OWNER OR OWNERS OF THE MANU-
FACTURED HOME SHALL SURRENDER THE TITLE; AND

S. 3520                             7                            A. 4401

  (C) A STATEMENT WHETHER OR NOT THE MANUFACTURED HOME IS SUBJECT TO ONE
OR MORE SECURITY INTERESTS; AND
  (1) IF THE MANUFACTURED HOME IS SUBJECT TO ONE OR MORE SECURITY INTER-
EST,  THE  NAME AND ADDRESS OF EACH PARTY HOLDING A SECURITY INTEREST IN
THE MANUFACTURED HOME, INCLUDING BUT NOT LIMITED TO, THOSE SHOWN ON  ANY
CERTIFICATE  OF  TITLE  ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, IF
ANY, AND THE ORIGINAL PRINCIPAL AMOUNT SECURED BY EACH  SECURITY  INTER-
EST; AND A STATEMENT THAT THE SECURITY INTEREST SHALL BE RELEASED; OR
  (2)  A STATEMENT THAT EACH SECURITY INTEREST IN THE MANUFACTURED HOME,
IF ANY, HAS BEEN RELEASED, TOGETHER WITH DUE PROOF OF EACH SUCH RELEASE,
IF ANY;
  (V) A STATEMENT THAT THE MANUFACTURED HOME IS OR SHALL BE  PERMANENTLY
AFFIXED TO THE REAL PROPERTY; AND
  (VI)  THE  NAME AND ADDRESS OF THE PERSON DESIGNATED FOR RECORDING THE
AFFIDAVIT OF AFFIXATION WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
THE RECORDING OFFICER SHALL RETURN THE AFFIDAVIT OF AFFIXATION AFTER  IT
HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
SECTION.
  (B)  THE  AFFIDAVIT  OF  AFFIXATION  SHALL BE IN THE FORM SET FORTH IN
PARAGRAPH (C) OF THIS SUBDIVISION, DULY ACKNOWLEDGED OR PROVED  IN  LIKE
MANNER  AS  TO  ENTITLE A CONVEYANCE TO BE RECORDED AND WHEN SO ACKNOWL-
EDGED OR PROVED, UPON PAYMENT OF THE FEES THEREFOR, THE RECORDING  OFFI-
CER  SHALL IMMEDIATELY CAUSE THE AFFIDAVIT OF AFFIXATION AND ANY ATTACH-
MENTS THERETO, TO BE DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
  (C) AN AFFIDAVIT OF AFFIXATION SHALL CONFORM TO  THE  REQUIREMENTS  OF
THIS SUBDIVISION. AN AFFIDAVIT IN SUBSTANTIALLY THE FOLLOWING FORM SHALL
BE DEEMED TO BE IN COMPLIANCE:

                            MANUFACTURED HOME
                         AFFIDAVIT OF AFFIXATION

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

BEFORE  ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY PERSONALLY
APPEARED

      {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:

KNOWN TO ME TO BE THE PERSON(S) WHOSE NAME(S)  IS/ARE  SUBSCRIBED  BELOW
(EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
HIS OR HER OATH STATE AS FOLLOWS:

1.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:

________________________________________________________________________
NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
                     NAME        AND MODEL    SERIAL NO.
                                    NO.

2.  THE  HOME WAS BUILT IN COMPLIANCE WITH THE FEDERAL MANUFACTURED HOME
    CONSTRUCTION AND SAFETY STANDARDS ACT.

3.  IF THE HOMEOWNER IS THE FIRST RETAIL BUYER OF THE HOME, HOMEOWNER IS
    IN RECEIPT OF (I) THE MANUFACTURER'S WARRANTY FOR THE HOME, (II) THE

S. 3520                             8                            A. 4401

    CONSUMER MANUAL FOR THE HOME, (III) THE  INSULATION  DISCLOSURE  FOR
    THE HOME, AND (IV) THE FORMALDEHYDE HEALTH NOTICE.

4.  THE HOME IS OR WILL BE LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

5.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY WHERE THE HOME IS OR WILL
    BE PERMANENTLY AFFIXED ("LAND") IS:

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

6.  THE  HOMEOWNER  IS THE OWNER OF THE LAND OR, IF NOT THE OWNER OF THE
    LAND, IS IN POSSESSION OF THE REAL PROPERTY PURSUANT TO A  LEASE  IN
    RECORDABLE  FORM,  AND THE CONSENT OF THE LESSOR IS ATTACHED TO THIS
    AFFIDAVIT.

7.  THE HOME {__} IS {__} SHALL BE ANCHORED TO THE LAND BY ATTACHMENT TO
    A PERMANENT FOUNDATION, CONSTRUCTED IN  ACCORDANCE  WITH  APPLICABLE
    STATE  AND LOCAL BUILDING CODES AND MANUFACTURER'S SPECIFICATIONS IN
    A  MANNER  SUFFICIENT  TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S
    WARRANTY,  AND CONNECTED TO A RESIDENTIAL UTILITY (E.G., WATER, GAS,
    ELECTRICITY, SEWER) ("PERMANENTLY AFFIXED").

8.  THE HOME SHALL BE ASSESSED AND TAXED AS AN IMPROVEMENT TO THE LAND.

9.  HOMEOWNER AGREES THAT AS OF TODAY, OR IF THE HOME IS NOT YET LOCATED
    AT THE PROPERTY ADDRESS, UPON THE DELIVERY OF THE HOME TO THE  PROP-
    ERTY ADDRESS:

    (A) ALL  PERMITS  REQUIRED  BY  GOVERNMENTAL  AUTHORITIES  HAVE BEEN
        OBTAINED;

    (B) THE FOUNDATION SYSTEM FOR THE HOME WAS DESIGNED BY  AN  ENGINEER
        TO MEET THE SOIL CONDITIONS OF THE PROPERTY ADDRESS. ALL FOUNDA-
        TIONS,  BOTH PERIMETER AND PIERS FOR THE HOME HAVE FOOTINGS THAT
        ARE LOCATED BELOW THE FROST LINE, AND WILL BE PLACED  WHERE  THE
        HOME MANUFACTURER RECOMMENDS. ALL FOUNDATIONS ARE CONSTRUCTED IN
        ACCORDANCE  WITH  APPLICABLE STATE AND LOCAL BUILDING CODES, AND
        MANUFACTURER'S SPECIFICATIONS IN A MANNER SUFFICIENT TO VALIDATE
        ANY APPLICABLE MANUFACTURER'S WARRANTY.

    (C) THE WHEELS, AXLES, TOWBAR OR HITCH WERE REMOVED  WHEN  THE  HOME
        WAS, OR WILL BE, PLACED ON THE PROPERTY ADDRESS;

    (D) THE  HOME  IS  (I) PERMANENTLY AFFIXED TO A FOUNDATION, (II) HAS
        THE CHARACTERISTICS OF SITE-BUILT HOUSING, AND (III) IS PART  OF
        THE LAND; AND

    (E) THE  HOME  IS  PERMANENTLY  CONNECTED TO A SEPTIC TANK OR SEWAGE
        SYSTEM AND  OTHER  UTILITIES  SUCH  AS  ELECTRICITY,  WATER  AND
        NATURAL GAS.

S. 3520                             9                            A. 4401

10. IF THE HOMEOWNER IS THE OWNER OF THE LAND, ANY CONVEYANCE OR FINANC-
    ING  OF  THE  HOME  AND THE LAND SHALL BE A SINGLE TRANSACTION UNDER
    APPLICABLE STATE LAW.

11. THE  HOME  IS  SUBJECT  TO THE FOLLOWING SECURITY INTERESTS (EACH, A
    "SECURITY INTEREST"):

    NAME OF LIENHOLDER:              NAME OF LIENHOLDER:

    ADDRESS:                         ADDRESS:

    ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
    AMOUNT SECURED:                  AMOUNT SECURED:

12. OTHER THAN THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER  IS  NOT
    AWARE  OF  (I)  ANY  OTHER  CLAIM, LIEN OR ENCUMBRANCE AFFECTING THE
    HOME, (II) ANY FACTS OR INFORMATION  KNOWN  TO  THE  APPLICANT  THAT
    COULD  REASONABLY  AFFECT  THE VALIDITY OF THE TITLE OF THE MANUFAC-
    TURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTERESTS
    IN IT.

13. A  RELEASE  OF LIEN FROM EACH OF THE LIENHOLDERS IDENTIFIED IN PARA-
    GRAPH 11 OF THIS AFFIDAVIT {__} HAS BEEN {__} SHALL BE DELIVERED  TO
    THE COMMISSIONER OF MOTOR VEHICLES.

14. A  HOMEOWNER  SHALL INITIAL ONLY ONE OF THE FOLLOWING, AS IT APPLIES
    TO TITLE TO THE HOME:

    {__} THE HOME IS NOT  COVERED  BY  A  CERTIFICATE  OF  TITLE.    THE
         ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN, DULY ENDORSED TO
         THE HOMEOWNER, IS ATTACHED TO THIS AFFIDAVIT.

    {__} THE HOME IS NOT COVERED BY A CERTIFICATE OF TITLE.  AFTER DILI-
         GENT SEARCH AND INQUIRY, THE HOMEOWNER IS UNABLE TO PRODUCE THE
         ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN.

    {__} THE  HOME IS COVERED BY A CERTIFICATE OF TITLE ISSUED ON ______
         OF __________, ______, TITLE NUMBER ______, WHICH THE HOMEOWNER
         SHALL SURRENDER.

    [__] THE HOME IS COVERED BY A CERTIFICATE OF TITLE.  AFTER  DILIGENT
         SEARCH  AND  INQUIRY,  THE  HOMEOWNER  IS UNABLE TO PRODUCE THE
         ORIGINAL CERTIFICATE OF TITLE.

15. THE HOMEOWNER DESIGNATES THE FOLLOWING PERSON TO RECORD  THIS  MANU-
    FACTURED  HOME  AFFIXATION AFFIDAVIT AND UPON ITS RECORDING IT SHALL
    BE RETURNED BY THE RECORDING OFFICER IN THE  REAL  PROPERTY  RECORDS
    WHERE THE HOME IS TO BE LOCATED TO SAME:

    NAME:

    ADDRESS:

S. 3520                            10                            A. 4401

16. THIS  AFFIDAVIT  IS  EXECUTED BY HOMEOWNER(S) PURSUANT TO APPLICABLE
    STATE LAW.

IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
DAY OF __________, ______.

____________________________ (SEAL)     ________________________________
HOMEOWNER #1                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #2                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #3                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #4                            WITNESS

____________________________
PRINTED NAME

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

  ON  THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY  APPEARED
_______________________________________________________________________,
PERSONALLY KNOWN TO ME OR PROVED TO ME  ON  THE  BASIS  OF  SATISFACTORY
EVIDENCE  TO  BE  THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO
THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT  HE/SHE/THEY  EXECUTED
THE  SAME  IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT, THE  INDIVIDUAL(S),  OR  THE  PERSON  ON
BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.

________________________________________
NOTARY SIGNATURE

________________________________________
NOTARY PRINTED NAME

NOTARY PUBLIC; STATE OF ________________
QUALIFIED IN THE COUNTY OF _____________
MY COMMISSION EXPIRES: _________________

OFFICIAL SEAL:

S. 3520                            11                            A. 4401

ATTENTION  COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR ARE
TO BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED  FOR
RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
  (D)  THE FEE FOR RECORDING AN AFFIDAVIT OF AFFIXATION SHALL BE TWENTY-
FIVE DOLLARS.
  4. DISPOSITION OF LIENS.  NEITHER THE ACT OF  PERMANENTLY  AFFIXING  A
MANUFACTURED  HOME  TO REAL PROPERTY, NOR THE RECORDING OF THE AFFIDAVIT
OF AFFIXATION SHALL IMPAIR THE RIGHTS OF ANY HOLDER OF A SECURITY INTER-
EST IN A MANUFACTURED HOME PERFECTED AS PROVIDED IN  SECTION  TWENTY-ONE
HUNDRED  EIGHTEEN  OF  THE VEHICLE AND TRAFFIC LAW, UNLESS AND UNTIL THE
DUE FILING WITH AND ACCEPTANCE BY THE COMMISSIONER OF MOTOR VEHICLES  OF
AN  APPLICATION  TO  SURRENDER  THE  TITLE  AND A RELEASE OF ANY LIEN AS
PROVIDED IN SECTION TWENTY-ONE HUNDRED TWENTY-ONE  OF  THE  VEHICLE  AND
TRAFFIC  LAW.  UPON  THE FILING OF SUCH A RELEASE, THE SECURITY INTEREST
CREATED UNDER THE VEHICLE AND TRAFFIC LAW TERMINATES.  THE RECORDING  OF
AN  AFFIDAVIT  OF  AFFIXATION  DOES NOT CHANGE THE CHARACTER OF THE LIEN
NOTED ON A CERTIFICATE OF TITLE, AND NO MORTGAGE RECORDING TAX SHALL  BE
IMPOSED AT THE TIME AN AFFIDAVIT OF AFFIXATION IS RECORDED UPON ANY LIEN
UPON A MANUFACTURED HOME CREATED UNDER THE VEHICLE AND TRAFFIC LAW.
  5.  NOTICE TO COMMISSIONER OF MOTOR VEHICLES.  UPON THE PAYMENT OF THE
FEES PROVIDED BY LAW AND RECORDATION OF THE AFFIDAVIT OF  AFFIXATION  OR
AFFIDAVIT  OF SEVERANCE, THE RECORDING OFFICER SHALL ENDORSE THE AFFIDA-
VIT AS "RECORDED IN LAND RECORDS", SETTING FORTH  THEREON  THE  INDEXING
INFORMATION  FOR  THE AFFIDAVIT OF AFFIXATION OR THE AFFIDAVIT OF SEVER-
ANCE AND THE RECORDING OFFICER SHALL FORTHWITH FORWARD A CERTIFIED  COPY
OF  THE  AFFIDAVIT  OF  AFFIXATION  OR THE AFFIDAVIT OF SEVERANCE TO THE
PERSON DESIGNATED THEREIN FOR FILING  WITH  THE  COMMISSIONER  OF  MOTOR
VEHICLES.
  6.  EFFECT  OF  RECORDED AFFIDAVIT OF AFFIXATION.  A MANUFACTURED HOME
SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO  AND  INTEGRATED  WITH  THE
REAL PROPERTY, WHEN ALL OF THE FOLLOWING EVENTS HAVE OCCURRED:
  (A)  AN  AFFIDAVIT  OF  AFFIXATION  CONFORMING  TO THE REQUIREMENTS OF
SUBDIVISION THREE OF THIS SECTION HAS BEEN DULY RECORDED;
  (B) A CERTIFIED COPY OF THE AFFIDAVIT OF  AFFIXATION  AS  PROVIDED  IN
SUBDIVISION  FIVE  OF  THIS  SECTION IS DELIVERED TO THE COMMISSIONER OF
MOTOR VEHICLES; AND
  (C) IF THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE
REQUIREMENTS OF SECTION TWENTY-ONE HUNDRED SEVENTEEN-A  OF  THE  VEHICLE
AND TRAFFIC LAW ARE SATISFIED.
  7.  CONVEYANCE  AND  ENCUMBRANCE AS REAL PROPERTY.   THE PROVISIONS OF
THIS SUBDIVISION SHALL APPLY IMMEDIATELY UPON THE  SATISFACTION  OF  THE
REQUIREMENTS  OF  SUBDIVISION  SIX  OF THIS SECTION. A MANUFACTURED HOME
SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO THE REAL PROPERTY, AND  ANY
MORTGAGE  LIEN  OR SECURITY INTEREST WHICH CAN ATTACH TO LAND, BUILDINGS
ERECTED THEREON OR FIXTURES AFFIXED THERETO, SHALL ATTACH  IN  THE  SAME
MANNER  AS  IF THE MANUFACTURED HOME WAS BUILT ON SITE, AND TITLE TO THE
MANUFACTURED HOME FOR WHICH AN AFFIDAVIT OF AFFIXATION HAS BEEN RECORDED
MAY BE TRANSFERRED BY DEED OR OTHER FORM OF CONVEYANCE THAT IS EFFECTIVE
TO TRANSFER AN INTEREST IN REAL PROPERTY,  TOGETHER  WITH  THE  LAND  TO
WHICH SUCH STRUCTURE HAS BEEN AFFIXED AND THE MANUFACTURED HOME SHALL BE
DEEMED  TO BE REAL PROPERTY AND SHALL BE GOVERNED BY THE LAWS APPLICABLE
THERETO.
  8. MANUFACTURED HOMES THAT REMAIN  PERSONAL  PROPERTY  OR  A  FIXTURE.
EXCEPT  AS  PROVIDED  IN SUBDIVISIONS THREE, FIVE, SIX AND SEVEN OF THIS
SECTION, AN AFFIDAVIT OF AFFIXATION IS NOT  NECESSARY  OR  EFFECTIVE  TO
CONVEY  OR  ENCUMBER A MANUFACTURED HOME.  EVERY CONVEYANCE OF LAND UPON

S. 3520                            12                            A. 4401

WHICH IS LOCATED A MANUFACTURED HOME WHICH IS COVERED BY  A  CERTIFICATE
OF TITLE ISSUED PURSUANT TO ARTICLE FORTY-SIX OF THE VEHICLE AND TRAFFIC
LAW,  AND  FOR WHICH NO AFFIDAVIT OF AFFIXATION HAS BEEN RECORDED, SHALL
CONTAIN A RECITAL THAT SUCH CONVEYANCE DOES NOT AFFECT THE TITLE TO SAID
MANUFACTURED  HOME AND THAT THE TRANSFER OR ENCUMBRANCE THEREOF CAN ONLY
BE MADE PURSUANT TO THE PROVISIONS OF THE VEHICLE AND TRAFFIC  LAW.  ANY
AGREEMENT  BY  ANY  PARTY TO THE TRANSACTION WHEREBY THE REQUIREMENTS OF
THIS SUBDIVISION ARE WAIVED SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  9. AFFIDAVIT OF SEVERANCE.  (A) IF AND WHEN A  MANUFACTURED  HOME  FOR
WHICH  AN  AFFIDAVIT  OF  AFFIXATION HAS   BEEN RECORDED, IS DETACHED OR
SEVERED FROM THE REAL PROPERTY WHERE IT IS AFFIXED, ANY PERSON HAVING AN
INTEREST IN THE REAL PROPERTY MAY RECORD AN AFFIDAVIT  OF  SEVERANCE  IN
THE  LAND  RECORDS  OF THE COUNTY WHERE THE AFFIDAVIT OF AFFIXATION WITH
RESPECT TO THE HOME  IS  RECORDED.  THE  AFFIDAVIT  OF  SEVERANCE  SHALL
CONTAIN OR BE ACCOMPANIED BY:
  (I)  THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER OF THE MANU-
FACTURED HOME;
  (II) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO FAR  AS  THE
FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND  WHETHER  IT  IS  NEW  OR
USED;
  (III)  A STATEMENT OF BOOK NUMBER, PAGE NUMBER AND DATE OF RECORDATION
OF THE AFFIDAVIT OF AFFIXATION;
  (IV) A STATEMENT OF EITHER, (A) ANY FACTS OR INFORMATION KNOWN TO  THE
AFFIANT  THAT  COULD  REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTER-
ESTS  IN  IT,  OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO THE
AFFIANT;
  (V) A SWORN DECLARATION BY AN ATTORNEY-AT-LAW, DULY ADMITTED TO  PRAC-
TICE  IN  THE  COURTS OF THE STATE OF NEW YORK, OR AN AGENT OF THE TITLE
INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE  IN
THE  STATE  OF  NEW YORK THAT THE MANUFACTURED HOME IS FREE AND CLEAR OF
ALL LIENS AND ENCUMBRANCES, AND (A) ANY FACTS OR  INFORMATION  KNOWN  TO
HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTER-
ESTS IN IT; OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO HIM OR
HER; AND
  (VI) THE NAME AND ADDRESS OF THE PERSON DESIGNATED FOR  RECORDING  THE
AFFIDAVIT  OF SEVERANCE WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
THE RECORDING OFFICER SHALL DELIVER THE AFFIDAVIT OF SEVERANCE AFTER  IT
HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
SECTION.
  (B) THE AFFIDAVIT OF SEVERANCE SHALL BE IN THE FORM SET FORTH IN PARA-
GRAPH (C) OF THIS SUBDIVISION DULY ACKNOWLEDGED OR PROVED IN LIKE MANNER
AS  TO  ENTITLE  A CONVEYANCE TO BE RECORDED AND WHEN SO ACKNOWLEDGED OR
PROVED, UPON PAYMENT OF THE LAWFUL FEES THEREFOR, SUCH RECORDING OFFICER
SHALL IMMEDIATELY CAUSE THE AFFIDAVIT AND ANY ATTACHMENTS THERETO, TO BE
DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
  (C) THE AFFIDAVIT OF SEVERANCE SHALL CONFORM TO  THE  REQUIREMENTS  OF
THIS  SECTION.  AN AFFIDAVIT OF SEVERANCE IN SUBSTANTIALLY THE FOLLOWING
FORM SHALL BE DEEMED TO BE IN COMPLIANCE:

                            MANUFACTURED HOME
                         AFFIDAVIT OF SEVERANCE

S. 3520                            13                            A. 4401

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

BEFORE  ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY PERSONALLY
APPEARED

____________________________
HOMEOWNER #1

____________________________
HOMEOWNER #2

____________________________
HOMEOWNER #3

____________________________
HOMEOWNER #4

      {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:

KNOWN TO ME TO BE THE PERSON(S) WHOSE NAME(S)  IS/ARE  SUBSCRIBED  BELOW
(EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
HIS OR HER OATH STATE AS FOLLOWS:

1.  THE HOMEOWNER(S) RESIDE AT THE FOLLOWING ADDRESS:

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

MAILING ADDRESS, IF DIFFERENT:

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

2.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:

________________________________________________________________________
NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
                     NAME        AND MODEL    SERIAL NO.
                                    NO.

3.  THE HOME IS OR WAS LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

4.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY FROM WHICH THE HOME IS OR
    WILL BE SEVERED ("LAND") IS:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

S. 3520                            14                            A. 4401

5.  AN AFFIDAVIT OF AFFIXATION WAS DULY RECORDED IN THE BOOK OF DEEDS OF
    _____________ COUNTY ON _____________, IN BOOK NUMBER ______ AT PAGE
    NUMBER ______.

6.  THE  HOME  IS  SUBJECT  TO THE FOLLOWING SECURITY INTERESTS (EACH, A
    "SECURITY INTEREST"):

    NAME OF LIENHOLDER:              NAME OF LIENHOLDER:

    ADDRESS:                         ADDRESS:

    ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
    AMOUNT SECURED:                  AMOUNT SECURED:

7.  OTHER THAN THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER  IS  NOT
    AWARE  OF  (I)  ANY  OTHER  CLAIM, LIEN OR ENCUMBRANCE AFFECTING THE
    HOME, (II) ANY FACTS OR INFORMATION  KNOWN  TO  THE  APPLICANT  THAT
    COULD  REASONABLY  AFFECT  THE VALIDITY OF THE TITLE OF THE MANUFAC-
    TURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTERESTS
    IN IT.

8.  THE SWORN STATEMENT OF AN ATTORNEY AT LAW, DULY ADMITTED TO PRACTICE
    IN  THE  COURTS  OF  THE  STATE  OF NEW YORK, OR AN AGENT OF A TITLE
    INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE
    IN THE STATE OF NEW YORK IS  ATTACHED  ("SEVERANCE  CERTIFICATION").
    THE  SEVERANCE  CERTIFICATION  STATES  THAT THE MANUFACTURED HOME IS
    FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, AND (A) ANY  FACTS  OR
    INFORMATION  KNOWN  TO HIM THAT COULD REASONABLY AFFECT THE VALIDITY
    OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-EXIS-
    TENCE  OF  SECURITY  INTERESTS  IN  IT; OR (B) THAT NO SUCH FACTS OR
    INFORMATION ARE KNOWN TO HIM.

9.  THE HOMEOWNER DESIGNATES THE FOLLOWING PERSON TO RECORD  THIS  MANU-
    FACTURED HOME AFFIDAVIT OF SEVERANCE AND UPON ITS RECORDING IT SHALL
    BE  RETURNED  BY  THE RECORDING OFFICER IN THE REAL PROPERTY RECORDS
    WHERE THE HOME IS TO BE LOCATED TO SAME:

    NAME:

    ADDRESS:

10. THIS AFFIDAVIT IS EXECUTED BY HOMEOWNER(S)  PURSUANT  TO  APPLICABLE
    STATE LAW.

IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
DAY OF ____________, ______.

____________________________ (SEAL)     ________________________________
HOMEOWNER #1                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________

S. 3520                            15                            A. 4401

HOMEOWNER #2                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #3                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #4                            WITNESS

____________________________
PRINTED NAME

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

  ON  THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY  APPEARED
_______________________________________________________________________,
PERSONALLY KNOWN TO ME OR PROVED TO ME  ON  THE  BASIS  OF  SATISFACTORY
EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE
WITHIN  INSTRUMENT  AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE
SAME  IN  HIS/HER/THEIR  CAPACITY(IES),  AND   THAT   BY   HIS/HER/THEIR
SIGNATURE(S)  ON  THE  INSTRUMENT,  THE  INDIVIDUAL(S), OR THE PERSON ON
BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.

________________________________________
NOTARY SIGNATURE

________________________________________
NOTARY PRINTED NAME

NOTARY PUBLIC; STATE OF ________________
QUALIFIED IN THE COUNTY OF _____________
MY COMMISSION EXPIRES: _________________

OFFICIAL SEAL:

ATTENTION COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR  ARE
TO  BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED FOR
RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
  (D)  THE  FEE  FOR  RECORDING  AN  AFFIDAVIT  OF  SEVERANCE  SHALL  BE
TWENTY-FIVE DOLLARS.
  10.  DOCUMENTS HELD IN TRUST.  THE ORIGINAL MANUFACTURER'S CERTIFICATE
OF ORIGIN, OR ANY LIEN RELEASE DOCUMENTS MAY BE DELIVERED TO ANY  PERSON
TO FACILITATE CONVEYING OR ENCUMBERING THE MANUFACTURED HOME. ANY PERSON
RECEIVING  ANY  SUCH DOCUMENTS SO DELIVERED HOLDS THE DOCUMENTS IN TRUST
FOR THAT LIENHOLDER.
  11. DAMAGES FOR FAILURE TO COMPLY WITH THIS  SECTION.    EACH  PERSON,
OTHER  THAN  A COUNTY CLERK OR THE COMMISSIONER OF MOTOR VEHICLES, KNOW-
INGLY AND WILLINGLY EXECUTING, RECORDING  OR  FILING  ANY  AFFIDAVIT  OF

S. 3520                            16                            A. 4401

AFFIXATION,  AFFIDAVIT  OF  SEVERANCE OR ANY LIEN RELEASE DOCUMENT WHICH
FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION,  OR  STATES  ANY
FACT  FINALLY  DETERMINED  BY  A  COURT  OF COMPETENT JURISDICTION TO BE
UNTRUE,  OR  FAILS  TO  STATE ANY FACT, THE OMISSION OF WHICH IS FINALLY
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE MATERIAL, SHALL BE
STRICTLY LIABLE, JOINTLY AND SEVERALLY, TO ANY PERSON DAMAGED THEREBY.
  S 11. This act shall take effect January 1, 2014;  provided,  however,
that  the  commissioner  of motor vehicles shall promulgate any rules or
regulations necessary for the timely implementation of this  act  on  or
before such date.