The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    101
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend 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.  This act shall be known and may be cited as the "New York
 land-home property act".
   § 2. Section 2107 of the vehicle and traffic law is amended by  adding
 eleven new subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), (m)
 and (n) 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 FILED AN AFFIDAVIT OF
 AFFIXATION  PURSUANT  TO  PARAGRAPH  FIVE  OF SUBDIVISION (A) OF SECTION
 TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE, PARAGRAPH FIVE OF SUBDI-
 VISION (A) OF SECTION TWENTY-ONE HUNDRED SEVENTEEN-B  OF  THIS  ARTICLE,
 AND  PARAGRAPH  FIVE  OF  SUBDIVISION  (A) OF SECTION TWENTY-ONE HUNDRED
 SEVENTEEN-C OF THIS ARTICLE.
   (E) THE COMMISSIONER SHALL FILE, UPON RECEIPT, EACH AFFIDAVIT OF AFFI-
 XATION THAT IS DELIVERED IN ACCORDANCE WITH SUBDIVISION (B)  OF  SECTION
 THREE  HUNDRED THIRTY-NINE-NN OF THE REAL PROPERTY LAW AND EACH DECLARA-
 TION THAT IS DELIVERED PURSUANT TO PARAGRAPH SIX OF SUBDIVISION  (A)  OF
 SECTION TWENTY-ONE HUNDRED SEVENTEEN-C OF THIS ARTICLE WHEN SATISFIED AS
 TO ITS GENUINENESS AND REGULARITY.
   (F)  THE  COMMISSIONER  SHALL  MAINTAIN  A RECORD OF EACH AFFIDAVIT OF
 AFFIXATION HE OR SHE FILES IN ACCORDANCE WITH SUBDIVISION  (E)  OF  THIS
 SECTION. THE RECORD SHALL STATE THE VEHICLE INFORMATION OR SERIAL NUMBER
 OF  THE MANUFACTURED HOME, THE COUNTY OF RECORDATION, THE DATE OF RECOR-
 DATION, THE BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE  THERE  HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01848-01-3
 S. 101                              2
 
 BEEN RECORDED AN AFFIDAVIT OF AFFIXATION PURSUANT TO PARAGRAPH  (III) OF
 SUBDIVISION  (A)  OF  SECTION  THREE  HUNDRED THIRTY-NINE-NN OF THE REAL
 PROPERTY LAW AND THIS ARTICLE, AND IF APPLICABLE, A STATEMENT THAT FILED
 WITH  THE AFFIDAVIT OF AFFIXATION IS A DECLARATION PURSUANT TO PARAGRAPH
 SIX OF SUBDIVISION (A) OF SECTION TWENTY-ONE HUNDRED SEVENTEEN-C OF THIS
 ARTICLE, AND ANY OTHER DATA THE COMMISSIONER PRESCRIBES.
   (G) THE COMMISSIONER SHALL FILE, UPON RECEIPT,  EACH  APPLICATION  FOR
 SURRENDER  OF  THE  MANUFACTURER'S  CERTIFICATE  OF ORIGIN RELATING TO A
 MANUFACTURED HOME THAT IS DELIVERED IN ACCORDANCE WITH  SECTION  TWENTY-
 ONE  HUNDRED  SEVENTEEN-A  OF  THIS  ARTICLE,  WHEN  SATISFIED AS TO ITS
 GENUINENESS AND REGULARITY.
   (H) THE COMMISSIONER SHALL MAINTAIN A RECORD OF EACH MANUFACTURED HOME
 MANUFACTURER'S CERTIFICATE OF ORIGIN THAT HE OR SHE ACCEPTS FOR  SURREN-
 DER  AS PROVIDED IN SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTI-
 CLE.  THE RECORD SHALL STATE THE VEHICLE INFORMATION OR SERIAL NUMBER OF
 THE MANUFACTURED HOME, THE DATE THE MANUFACTURER'S CERTIFICATE OF ORIGIN
 WAS DELIVERED FOR SURRENDER, 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 PARAGRAPH
 (III) OF SUBDIVISION (A) OF SECTION THREE HUNDRED THIRTY-NINE-NN OF  THE
 REAL  PROPERTY LAW AND THIS ARTICLE, AND ANY OTHER DATA THE COMMISSIONER
 PRESCRIBES.
   (I) 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-B  OF  THIS ARTICLE, WHEN SATISFIED AS TO ITS GENUINENESS AND REGU-
 LARITY.
   (J) 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-B OF THIS ARTICLE. THE RECORD SHALL
 STATE THE VEHICLE INFORMATION OR SERIAL NUMBER OF THE MANUFACTURED HOME,
 THE DATE THE CERTIFICATE OF TITLE WAS DELIVERED FOR SURRENDER, THE COUN-
 TY OF RECORDATION, THE DATE OF RECORDATION, THE BOOK AND PAGE NUMBER  OF
 EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED AN AFFIDAVIT OF AFFIXA-
 TION  PURSUANT  TO  PARAGRAPH  (III) OF SUBDIVISION (A) OF SECTION THREE
 HUNDRED THIRTY-NINE-NN OF THE REAL PROPERTY LAW AND  THIS  ARTICLE,  AND
 ANY OTHER DATA THE COMMISSIONER PRESCRIBES.
   (K)  THE  COMMISSIONER  SHALL FILE, UPON RECEIPT, EACH APPLICATION FOR
 CONFIRMATION OF CONVERSION RELATING  TO  A  MANUFACTURED  HOME  THAT  IS
 DELIVERED  IN  ACCORDANCE WITH SECTION TWENTY-ONE HUNDRED SEVENTEEN-C OF
 THIS ARTICLE, WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY.
   (L) THE COMMISSIONER SHALL MAINTAIN A RECORD OF EACH  APPLICATION  FOR
 CONFIRMATION  OF  CONVERSION  ACCEPTED AS PROVIDED IN SECTION TWENTY-ONE
 HUNDRED SEVENTEEN-C OF THIS ARTICLE. THE RECORD SHALL STATE THE  VEHICLE
 INFORMATION  OR  SERIAL  NUMBER  OF THE MANUFACTURED HOME, THE COUNTY OF
 RECORDATION, THE DATE OF RECORDATION, THE BOOK AND PAGE NUMBER  OF  EACH
 BOOK  OF  DEEDS WHERE THERE HAS BEEN RECORDED AN AFFIDAVIT OF AFFIXATION
 PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (A) OF SECTION THREE  HUNDRED
 THIRTY-NINE-NN  OF THE REAL PROPERTY LAW AND THIS ARTICLE, AND ANY OTHER
 DATA THE COMMISSIONER PRESCRIBES.
   (M) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, THE  COMMISSIONER
 SHALL MAINTAIN THE RECORDS REQUIRED BY THIS SECTION INDEFINITELY.
   (N)  THE  COMMISSIONER SHALL ESTABLISH ELECTRONIC PUBLIC ACCESS TO THE
 RECORDS MAINTAINED IN ACCORDANCE WITH SUBDIVISIONS (F), (H), (J) AND (L)
 OF THIS SECTION.
 S. 101                              3
 
   § 3. 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.
   §  4.  The  vehicle  and  traffic  law  is amended by adding three new
 sections 2117-a, 2117-b and 2117-c to read as follows:
   § 2117-A. SURRENDER OF MANUFACTURER'S CERTIFICATE OF ORIGIN TO A MANU-
 FACTURED HOME. (A) THE OWNER  OR  OWNERS  OF  A  MANUFACTURED  HOME  WHO
 POSSESS  THE  MANUFACTURER'S  CERTIFICATE  OF ORIGIN TO THE MANUFACTURED
 HOME THAT IS AFFIXED TO A PERMANENT FOUNDATION AS PROVIDED  IN  SUBDIVI-
 SION  (A)  OF  SECTION THREE HUNDRED THIRTY-NINE-NN OF THE REAL PROPERTY
 LAW, OR WHICH THE OWNER OR OWNERS INTEND TO AFFIX TO A PERMANENT FOUNDA-
 TION, MAY SURRENDER THE MANUFACTURER'S  CERTIFICATE  OF  ORIGIN  TO  THE
 MANUFACTURED HOME TO THE COMMISSIONER BY FILING WITH THE COMMISSIONER AN
 APPLICATION  FOR  SURRENDER  OF THE MANUFACTURER'S CERTIFICATE OF ORIGIN
 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 THE OWNER 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 APPARENT PRIORI-
 TY;
   (4) A STATEMENT SIGNED BY THE OWNER, STATING EITHER, (I) ANY FACTS  OR
 INFORMATION KNOWN TO THE OWNER THAT COULD REASONABLY AFFECT THE VALIDITY
 OF  THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE
 OF SECURITY INTERESTS IN OR LIEN ON IT; OR (II) THAT NO  SUCH  FACTS  OR
 INFORMATION ARE KNOWN TO THE OWNER;
   (5) THE RECORDED ORIGINAL AFFIDAVIT OF AFFIXATION AS PROVIDED BY PARA-
 GRAPH  (III)  OF SUBDIVISION (A) OF SECTION THREE HUNDRED THIRTY-NINE-NN
 OF THE REAL PROPERTY LAW;
   (6) THE ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN;
   (7) THE NAME AND  MAILING  ADDRESS  OF  EACH  PERSON  WISHING  WRITTEN
 ACKNOWLEDGMENT OF SURRENDER FROM THE COMMISSIONER; AND
   (8)  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 SATISFIED THE REQUIREMENTS OF
 SUBDIVISION (A) OF SECTION THREE  HUNDRED  THIRTY-NINE-NN  OF  THE  REAL
 PROPERTY  LAW  AND THE OWNER IS ENTITLED TO SURRENDER THE MANUFACTURER'S
 CERTIFICATE OF ORIGIN AND THE EXISTENCE  OR  NON-EXISTENCE  OF  SECURITY
 INTERESTS IN THE MANUFACTURED HOME.
   (B) WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY OF THE SURREN-
 DER  OF  THE MANUFACTURER'S CERTIFICATE OF ORIGIN TO A MANUFACTURED HOME
 AND UPON SATISFACTION OF THE REQUIREMENTS OF  SUBDIVISION  (A)  OF  THIS
 SECTION, THE COMMISSIONER SHALL CANCEL THE MANUFACTURER'S CERTIFICATE OF
 ORIGIN  AND  UPDATE HIS OR HER RECORDS IN ACCORDANCE WITH THE PROVISIONS
 OF SUBDIVISIONS (G) AND (H) OF SECTION TWENTY-ONE HUNDRED SEVEN OF  THIS
 ARTICLE  AND  PROVIDE  WRITTEN  ACKNOWLEDGMENT  OF  COMPLIANCE  WITH THE
 S. 101                              4

 PROVISIONS OF THIS SECTION TO EACH PERSON IDENTIFIED IN PARAGRAPH  SEVEN
 OF SUBDIVISION (A) OF THIS SECTION.
   (C)  UPON  SATISFACTION OF THE REQUIREMENTS OF THIS SECTION A MANUFAC-
 TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PROVIDED IN SECTION THREE
 HUNDRED THIRTY-NINE-SS OF THE REAL PROPERTY LAW.
   (D) UPON WRITTEN  REQUEST,  THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
 ACKNOWLEDGMENT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   §  2117-B. 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  AFFIXED  TO A PERMANENT FOUNDATION AS PROVIDED IN SECTION
 THREE HUNDRED THIRTY-NINE-MM OF THE REAL  PROPERTY  LAW,  OR  WHICH  THE
 OWNER OR OWNERS INTEND TO AFFIX TO A PERMANENT FOUNDATION, MAY SURRENDER
 THE CERTIFICATE 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 THE OWNER OF THE  MANUFACTURED  HOME,  THE
 NAME  AND  ADDRESS OF THE PERSON FROM WHOM THE HOME WAS ACQUIRED AND THE
 NAMES AND ADDRESSES OF ANY SECURITY INTEREST HOLDERS AND LIENHOLDERS  IN
 THE ORDER OF APPARENT PRIORITY;
   (4)  A STATEMENT SIGNED BY THE OWNER, STATING EITHER: (I) ANY FACTS OR
 INFORMATION KNOWN TO THE OWNER THAT COULD REASONABLY AFFECT THE VALIDITY
 OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-EXISTENCE
 OF  SECURITY  INTERESTS IN OR LIENS ON IT; OR (II) THAT NO SUCH FACTS OR
 INFORMATION ARE KNOWN TO THE OWNER;
   (5) THE RECORDED ORIGINAL AFFIDAVIT OF AFFIXATION AS PROVIDED BY PARA-
 GRAPH (III) OF SUBDIVISION (A) OF SECTION THREE  HUNDRED  THIRTY-NINE-NN
 OF THE REAL PROPERTY LAW;
   (6)  THE  NAME  AND  MAILING  ADDRESS  OF  EACH PERSON WISHING WRITTEN
 ACKNOWLEDGMENT OF SURRENDER FROM THE COMMISSIONER;
   (7) THE ORIGINAL CERTIFICATE OF TITLE, WHICH, UPON CONCURRENT TRANSFER
 OF TITLE TO THE MANUFACTURED HOME, MAY BE ENDORSED BY THE CURRENT  OWNER
 OF RECORD TO HIS OR HER PURCHASER;
   (8)  ANY  RELEASE OF LIEN REQUIRED BY SUBDIVISION (B) OF THIS SECTION;
 AND
   (9) ANY OTHER INFORMATION AND DOCUMENTS  THE  COMMISSIONER  REASONABLY
 REQUIRES  TO  IDENTIFY  THE OWNER OF THE MANUFACTURED HOME, TO DETERMINE
 WHETHER THE OWNER SATISFIED THE APPLICABLE REQUIREMENTS OF SECTION THREE
 HUNDRED THIRTY-NINE-RR OF THE REAL PROPERTY LAW, AND TO  ENABLE  HIM  OR
 HER  TO DETERMINE WHETHER THE OWNER IS ENTITLED TO SURRENDER THE CERTIF-
 ICATE OF TITLE AND THE EXISTENCE OR NON-EXISTENCE OF SECURITY  INTERESTS
 IN OR LIENS ON 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 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 ITS 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. 101                              5
 
 HER RECORDS IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISIONS  (I)  AND
 (J) OF SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE. THE COMMISSION-
 ER  SHALL  ALSO  PROVIDE  WRITTEN  ACKNOWLEDGMENT OF COMPLIANCE WITH THE
 PROVISIONS  OF THIS SECTION TO EACH PERSON IDENTIFIED ON THE APPLICATION
 FOR SURRENDER OF A CERTIFICATE OF TITLE UNDER PARAGRAPH SIX OF  SUBDIVI-
 SION (A) OF THIS SECTION.
   (D)  UPON  SATISFACTION OF THE REQUIREMENTS OF THIS SECTION A MANUFAC-
 TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PROVIDED IN SECTION THREE
 HUNDRED THIRTY-NINE-SS OF THE REAL PROPERTY LAW.
   (E) UPON WRITTEN  REQUEST,  THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
 ACKNOWLEDGMENT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   §  2117-C.  CONFIRMATION OF CONVERSION OF A MANUFACTURED HOME. (A) THE
 OWNER OR OWNERS OF A MANUFACTURED HOME THAT IS NOT COVERED BY A  CERTIF-
 ICATE  OF TITLE OR A MANUFACTURER'S CERTIFICATE OF ORIGIN, OR OF A MANU-
 FACTURED HOME THAT IS COVERED BY A MANUFACTURER'S CERTIFICATE OF  ORIGIN
 OR  CERTIFICATE  OF  TITLE BUT WHICH THE OWNER OR OWNERS, AFTER DILIGENT
 SEARCH AND INQUIRY, ARE UNABLE TO PRODUCE, AND  THAT  IS  AFFIXED  TO  A
 PERMANENT FOUNDATION, OR WHICH THE OWNER INTENDS TO AFFIX TO A PERMANENT
 FOUNDATION,  MAY  SATISFY THE REQUIREMENTS OF SUBDIVISION (B) OF SECTION
 THREE HUNDRED THIRTY-NINE-NN OF THE REAL PROPERTY LAW BY FILING WITH THE
 COMMISSIONER AN APPLICATION FOR CONFIRMATION OF CONVERSION 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 THE OWNER OF THE  MANUFACTURED  HOME,  THE
 NAME  AND  ADDRESS OF THE PERSON FROM WHOM THE HOME WAS ACQUIRED AND THE
 NAMES AND ADDRESSES OF ANY SECURITY INTEREST HOLDERS AND LIENHOLDERS  IN
 THE ORDER OF APPARENT PRIORITY;
   (4)  A STATEMENT SIGNED BY THE OWNER, STATING EITHER: (I) ANY FACTS OR
 INFORMATION KNOWN TO THE OWNER THAT COULD REASONABLY AFFECT THE VALIDITY
 OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-EXISTENCE
 OF  SECURITY INTERESTS  IN OR LIENS ON IT; OR (II) THAT NO SUCH FACTS OR
 INFORMATION ARE KNOWN TO THE OWNER;
   (5) THE RECORDED ORIGINAL OF THE AFFIDAVIT OF AFFIXATION  AS  PROVIDED
 BY  PARAGRAPH  (III) OF SUBDIVISION (A) OF SECTION THREE HUNDRED THIRTY-
 NINE-NN OF THE REAL PROPERTY LAW;
   (6) 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
 OR HAS BEEN RELEASED OR WILL BE  RELEASED  FROM  ALL  RECORDED  SECURITY
 INTERESTS,  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 INTERESTS IN IT; OR (II) THAT NO SUCH FACTS OR INFORMATION  ARE
 KNOWN TO HIM OR HER; AND
   (7)  THE  NAME  AND  MAILING  ADDRESS  OF  EACH PERSON WISHING WRITTEN
 ACKNOWLEDGMENT OF CONFIRMATION OF CONVERSION FROM THE COMMISSIONER; AND
   (8) ANY OTHER INFORMATION AND DOCUMENTS  THE  COMMISSIONER  REASONABLY
 REQUIRES TO IDENTIFY THE OWNER OF THE MANUFACTURED HOME AND TO DETERMINE
 THE OWNER SATISFIED THE APPLICABLE REQUIREMENTS OF SECTION THREE HUNDRED
 S. 101                              6
 
 THIRTY-NINE-NN  OF THE REAL PROPERTY LAW, AND THE EXISTENCE OR NON-EXIS-
 TENCE OF SECURITY INTERESTS IN OR LIENS ON THE MANUFACTURED HOME.
   (B) WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY OF THE CONFIR-
 MATION OF CONVERSION OF A MANUFACTURED HOME AND UPON SATISFACTION OF THE
 REQUIREMENTS  OF SUBDIVISION (A) OF THIS SECTION, THE COMMISSIONER SHALL
 UPDATE HIS OR HER RECORDS IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVI-
 SIONS (F), (K) AND (L) OF SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTI-
 CLE.  THE  COMMISSIONER  SHALL  ALSO  PROVIDE  WRITTEN ACKNOWLEDGMENT OF
 COMPLIANCE WITH THE PROVISIONS OF THIS SECTION TO EACH PERSON IDENTIFIED
 ON THE APPLICATION FOR CONFIRMATION OF CONVERSION UNDER PARAGRAPH  SEVEN
 OF SUBDIVISION (A) OF THIS SECTION.
   (C)  UPON  SATISFACTION OF THE REQUIREMENTS OF THIS SECTION A MANUFAC-
 TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PROVIDED IN SECTION THREE
 HUNDRED THIRTY-NINE-SS OF THE REAL PROPERTY LAW.
   (D) UPON WRITTEN  REQUEST,  THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
 ACKNOWLEDGMENT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   § 5. 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 and
 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-B AND TWENTY-ONE HUNDRED TWENTY-THREE OF THIS ARTICLE,
 AND ARTICLE NINE-BB 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 CERTIFICATE 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[, includ-
 ing  but  not  limited to section 9-303 and section 9-313 of the uniform
 commercial code].
   § 6. 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:
   § 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  AFFIXED  TO  A
 PERMANENT  FOUNDATION,  UPON  RECORDATION  OF AN AFFIDAVIT OF AFFIXATION
 PURSUANT TO PARAGRAPH (III) OF SUBDIVISION (A) OF SECTION THREE  HUNDRED
 THIRTY-NINE-NN OF THE REAL PROPERTY LAW AND SATISFACTION OF THE REQUIRE-
 MENTS  OF  SECTION  TWENTY-ONE  HUNDRED  SEVENTEEN-A, TWENTY-ONE HUNDRED
 SEVENTEEN-B OR TWENTY-ONE  HUNDRED  SEVENTEEN-C  OF  THIS  ARTICLE,  ANY
 PERFECTION  OR  TERMINATION  OF A SECURITY INTEREST WITH RESPECT TO SUCH
 MANUFACTURED HOME SHALL CONFORM TO THE REQUIREMENTS OF  ARTICLE  NINE-BB
 OF THE REAL PROPERTY LAW.
 S. 101                              7
 
   § 7. 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-B AND SUBDIVISION (E) OF SECTION
 TWENTY-ONE HUNDRED EIGHTEEN 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.
   § 8. The real property law is amended by adding a new article 9-BB  to
 read as follows:
 
                               ARTICLE 9-BB
     CONVEYANCE AND ENCUMBRANCE OF MANUFACTURED HOMES AS REAL PROPERTY
 SECTION 339-MM. MANUFACTURED HOME; AFFIXED TO A PERMANENT FOUNDATION.
         339-NN. CONVERSION PROCEDURE.
         339-OO. AFFIDAVIT OF AFFIXATION.
         339-PP. DISPOSITION OF LIENS.
         339-QQ. NOTICE TO COMMISSIONER OF MOTOR VEHICLES.
         339-RR. TIME OF CONVERSION.
         339-SS. CONVEYANCE AND ENCUMBRANCE AS A REAL PROPERTY.
         339-TT. MANUFACTURED HOMES THAT REMAIN PERSONAL PROPERTY.
         339-UU. DOCUMENTS IN TRUST.
         339-VV. HOME WARRANTY.
         339-WW. IMPAIRMENT OF RIGHTS.
   § 339-MM.  MANUFACTURED  HOME; AFFIXED TO A PERMANENT FOUNDATION.  FOR
 PURPOSES OF THIS ARTICLE, THE TERM "MANUFACTURED HOME" MEANS A "MANUFAC-
 TURED HOME" AS DEFINED IN PARAGRAPH FIFTY-THREE  OF  SUBSECTION  (A)  OF
 SECTION  9-102  OF  THE  UNIFORM COMMERCIAL CODE.   FOR PURPOSES OF THIS
 SECTION, ARTICLE FORTY-SIX OF THE  VEHICLE  AND  TRAFFIC  LAW,  AND  THE
 UNIFORM  COMMERCIAL CODE, A MANUFACTURED HOME IS "AFFIXED TO A PERMANENT
 FOUNDATION" IF IT IS ANCHORED TO REAL PROPERTY BY ATTACHMENT TO A PERMA-
 NENT FOUNDATION, AND CONNECTED TO A RESIDENTIAL UTILITY, SUCH AS  WATER,
 GAS, ELECTRICITY, SEWER OR SEPTIC SERVICE.
   §  339-NN.  CONVERSION  PROCEDURE.    (A) A MANUFACTURED HOME SHALL BE
 DEEMED TO BE REAL PROPERTY AND SHALL BE GOVERNED BY THE LAWS  APPLICABLE
 THERETO WHEN THE FOLLOWING CONDITIONS ARE SATISFIED:
   (I) THE MANUFACTURED HOME SHALL BE AFFIXED TO A PERMANENT FOUNDATION;
   (II)  THE  OWNERSHIP  INTERESTS  IN THE MANUFACTURED HOME AND THE REAL
 PROPERTY TO WHICH THE MANUFACTURED HOME IS OR SHALL BE AFFIXED SHALL  BE
 IDENTICAL,  PROVIDED,  HOWEVER, THAT THE OWNER OF THE MANUFACTURED HOME,
 IF NOT THE OWNER OF THE REAL PROPERTY, IS  IN  POSSESSION  OF  THE  REAL
 PROPERTY  UNDER  THE  TERMS OF A LEASE IN RECORDABLE FORM, AND THE OWNER
 HAS THE WRITTEN CONSENT OF THE LESSOR OF THE REAL PROPERTY; AND
   (III) EACH PERSON HAVING AN OWNERSHIP  INTEREST  IN  SUCH  HOME  SHALL
 EXECUTE  AND RECORD WITH THE RECORDING OFFICER OF THE COUNTY OR COUNTIES
 IN WHICH THE REAL PROPERTY IS LOCATED  AN  AFFIDAVIT  OF  AFFIXATION  AS
 PROVIDED  IN  SECTION  THREE HUNDRED THIRTY-NINE-OO OF THIS ARTICLE, AND
 SATISFY THE OTHER APPLICABLE REQUIREMENTS OF THIS ARTICLE.
   (B) UPON RECEIPT OF THE  RECORDED  ORIGINAL  AFFIDAVIT  OF  AFFIXATION
 PURSUANT  TO  SECTION  THREE HUNDRED THIRTY-NINE-QQ OF THIS ARTICLE, ANY
 PERSON DESIGNATED THEREIN FOR FILING  WITH  THE  COMMISSIONER  OF  MOTOR
 VEHICLES  SHALL  FILE THE RECORDED ORIGINAL AFFIDAVIT OF AFFIXATION WITH
 THE COMMISSIONER.
   (I) IN THE CASE WHERE THE HOME IS COVERED BY A MANUFACTURER'S  CERTIF-
 ICATE  OF  ORIGIN, THE RECORDED ORIGINAL AFFIDAVIT OF AFFIXATION AND THE
 S. 101                              8
 
 ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN SHALL BE  FILED  WITH  THE
 COMMISSIONER  PURSUANT  TO SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THE
 VEHICLE AND TRAFFIC LAW.
   (II)  IN  THE  CASE THE HOME IS COVERED BY A CERTIFICATE OF TITLE, THE
 RECORDED ORIGINAL AFFIDAVIT OF AFFIXATION AND THE  ORIGINAL  CERTIFICATE
 OF TITLE SHALL BE FILED WITH THE COMMISSIONER IN ACCORDANCE WITH SECTION
 TWENTY-ONE HUNDRED SEVENTEEN-B OF THE VEHICLE AND TRAFFIC LAW.
   (III)  IN THE CASE THE HOME IS NOT COVERED BY A MANUFACTURER'S CERTIF-
 ICATE OF ORIGIN OR A CERTIFICATE OF TITLE, OR WHERE A MANUFACTURED  HOME
 THAT IS COVERED BY A MANUFACTURER'S CERTIFICATE OF ORIGIN OR CERTIFICATE
 OF  TITLE  BUT  WHICH  THE  OWNER  OR  OWNERS, AFTER DILIGENT SEARCH AND
 INQUIRY, ARE UNABLE TO PRODUCE, THE RECORDED ORIGINAL AFFIDAVIT OF AFFI-
 XATION SHALL BE FILED WITH THE COMMISSIONER IN ACCORDANCE  WITH  SECTION
 TWENTY-ONE HUNDRED SEVENTEEN-C OF THE VEHICLE AND TRAFFIC LAW.
   § 339-OO. AFFIDAVIT OF AFFIXATION. (A) TO CONVEY OR VOLUNTARILY ENCUM-
 BER  A MANUFACTURED HOME, AN AFFIDAVIT OF AFFIXATION SHALL CONTAIN OR BE
 ACCOMPANIED BY:
   (I) SO FAR AS THE DATA EXISTS, THE NAME OF THE MANUFACTURER, THE MAKE,
 THE MODEL NAME, THE MODEL YEAR, THE DIMENSIONS, AND  THE  VEHICLE  IDEN-
 TIFICATION 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 AFFIXED TO A PERMANENT
 FOUNDATION;
   (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
 A STATEMENT THAT, THE OWNER OF THE MANUFACTURED HOME SHALL SURRENDER THE
 ORIGINAL  MANUFACTURER'S  CERTIFICATE  OF  ORIGIN TO THE COMMISSIONER OF
 MOTOR VEHICLES;
   (B) IF THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF  TITLE,  A
 STATEMENT  BY  THE  OWNER OF THE MANUFACTURED HOME THAT THE MANUFACTURED
 HOME IS COVERED BY A CERTIFICATE OF TITLE, AND THAT THE OWNER OR  OWNERS
 OF  THE  MANUFACTURED  HOME  SHALL SURRENDER THE ORIGINAL CERTIFICATE OF
 TITLE TO THE COMMISSIONER OF MOTOR VEHICLES;
   (C) IF THE MANUFACTURED HOME IS COVERED BY  NEITHER  A  MANUFACTURER'S
 CERTIFICATE  OF  ORIGIN  NOR  A CERTIFICATE OF TITLE, A STATEMENT BY THE
 OWNER OF THE MANUFACTURED HOME TO THAT EFFECT;
   (V) A STATEMENT THAT THE MANUFACTURED HOME IS OR SHALL BE AFFIXED TO A
 PERMANENT FOUNDATION TO THE REAL PROPERTY;
   (VI) THE NAME AND ADDRESS OF THE  PERSON  DESIGNATED  FOR  FILING  THE
 RECORDED ORIGINAL 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
 SUBDIVISION  (C)  OF  THIS  SECTION, 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 LAWFUL FEES THEREFOR, THE RECORDING
 S. 101                              9
 
 OFFICER  SHALL  IMMEDIATELY  CAUSE  THE  AFFIDAVIT OF AFFIXATION AND ANY
 ATTACHMENTS THERETO, TO BE DULY RECORDED AND INDEXED IN  THE  RECORD  OF
 DEEDS.
   (C)  AN AFFIDAVIT OF AFFIXATION SHALL BE IN SUBSTANTIALLY THE FORM SET
 FORTH BELOW:
 
 ______________________, 20____
 DATE
 ______________________________
 PLACE OF RECORDING
 
 RECORD & RETURN BY [] MAIL [] PICKUP TO:
 ______________________________
 NAME
 ______________________________
 ADDRESS 1
 ______________________________
 ADDRESS 2
 
                 MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
 
 HOMEOWNER, BEING DULY SWORN, ON HIS OR HER OATH, STATES AS FOLLOWS:
 
 1. HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:

 ________________________________________________________________________
 NEW/USED YEAR           MANUFACTURER'S NAME       MODEL NAME OR MODEL NO.
 ________________________________________________________________________
 MANUFACTURER'S SERIAL NO.                                  LENGTH / WIDTH
 
 2. THE HOME IS OR WILL BE LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":
 
 ________________________________________________________________________
 STREET OR ROUTE        CITY       COUNTY            STATE        ZIP CODE
 
 3. THE LEGAL DESCRIPTION OF THE PROPERTY ADDRESS ("LAND") IS:
 
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________

 4. 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.
 
 5. THE HOME IS, OR SHALL BE PROMPTLY UPON DELIVERY, ANCHORED TO THE LAND
    BY ATTACHMENT TO A PERMANENT FOUNDATION AND CONNECTED TO APPROPRIATE
    RESIDENTIAL UTILITIES (E.G., WATER, GAS, ELECTRICITY, SEWER).
 
 6. HOMEOWNER INTENDS THAT THE HOME BE AN IMMOVABLE FIXTURE AND A
    PERMANENT IMPROVEMENT TO THE LAND.
 
 7. THE HOME SHALL BE ASSESSED AND TAXED AS AN IMPROVEMENT TO THE LAND.
 S. 101                             10

 8. 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. A COPY OF THE
    MANUFACTURER'S CERTIFICATE OF ORIGIN, DULY ENDORSED TO THE HOMEOWNER,
    IS  ATTACHED  TO  THIS  AFFIDAVIT.  THE HOMEOWNER SHALL SURRENDER THE
    ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN.
 
    [_] THE HOME IS NOT COVERED BY A CERTIFICATE OF TITLE. AFTER DILIGENT
    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. A COPY OF THE
    CERTIFICATE  OF  TITLE  IS  ATTACHED TO THIS AFFIDAVIT. THE HOMEOWNER
    SHALL SURRENDER THE ORIGINAL CERTIFICATE OF TITLE.
 
    IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS  AFFIDAVIT  IN  MY
 PRESENCE  AND  IN  THE  PRESENCE  OF  THE  UNDERSIGNED WITNESSES ON THIS
 ________ DAY OF _________, _____.
 
 (SEAL)          (SEAL)
 HOMEOWNER #1                           WITNESS
 
 PRINTED NAME                                PRINTED NAME
 
 (SEAL)          (SEAL)
 HOMEOWNER #2                           WITNESS
 
 PRINTED NAME                                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. 101                             11
 
 LENDER'S STATEMENT OF INTENT:
 
 THE UNDERSIGNED ("LENDER") INTENDS THAT THE HOME BE AN IMMOVABLE FIXTURE
 AND A PERMANENT IMPROVEMENT TO THE LAND.
 
 _______________________________
       LENDER
 BY:
       AUTHORIZED SIGNATURE
 
 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:
   (D) THE FEE FOR RECORDING AN AFFIDAVIT  OF  AFFIXATION  SHALL  BE  TWO
 HUNDRED DOLLARS.
   (E)  NO  TRANSFER  TAX SHALL BE DUE UPON THE FILING OF AN AFFIDAVIT OF
 AFFIXATION.
   § 339-PP. DISPOSITION OF LIENS.  NEITHER THE ACT OF AFFIXING  A  MANU-
 FACTURED  HOME  TO  REAL PROPERTY, NOR THE RECORDING OF THE AFFIDAVIT OF
 AFFIXATION SHALL IMPAIR THE RIGHTS OF ANY HOLDER OF A SECURITY  INTEREST
 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 OR  UPON  ANY
 LIEN UPON A MANUFACTURED HOME CREATED UNDER THE VEHICLE AND TRAFFIC LAW.
   §  339-QQ.  NOTICE TO COMMISSIONER OF MOTOR VEHICLES.  UPON PAYMENT OF
 THE FEES PROVIDED BY LAW AND RECORDATION OF THE AFFIDAVIT OF AFFIXATION,
 S. 101                             12
 
 THE RECORDING OFFICER SHALL ENDORSE THE AFFIDAVIT AS "RECORDED  IN  LAND
 RECORDS", SETTING FORTH THEREON THE INDEXING INFORMATION FOR THE AFFIDA-
 VIT  OF AFFIXATION AND THE RECORDING OFFICER SHALL FORTHWITH FORWARD THE
 RECORDED ORIGINAL AFFIDAVIT OF AFFIXATION TO THE PERSON DESIGNATED THER-
 EIN FOR FILING WITH THE COMMISSIONER OF MOTOR VEHICLES.
   §  339-RR.    TIME  OF  CONVERSION.  (A)  A MANUFACTURED HOME SHALL BE
 CONSIDERED REAL PROPERTY AS PROVIDED IN SECTION  THREE  HUNDRED  THIRTY-
 NINE-SS  OF  THIS ARTICLE WHEN AN APPLICATION TO SURRENDER A MANUFACTUR-
 ER'S CERTIFICATE OF ORIGIN PURSUANT TO SECTION TWENTY-ONE HUNDRED SEVEN-
 TEEN-A OF THE VEHICLE AND TRAFFIC LAW, AN  APPLICATION  TO  SURRENDER  A
 CERTIFICATE  OF TITLE PURSUANT TO SECTION TWENTY-ONE HUNDRED SEVENTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, OR AN APPLICATION  FOR  CONFIRMATION  OF
 CONVERSION  PURSUANT  TO  SECTION  TWENTY-ONE HUNDRED SEVENTEEN-C OF THE
 VEHICLE AND TRAFFIC LAW IS DELIVERED TO AND ACCEPTED BY THE COMMISSIONER
 OF MOTOR VEHICLES.
   (B) NOTWITHSTANDING SUBDIVISION (A) OF THIS  SECTION,  A  MANUFACTURED
 HOME  SHALL  BE  CONSIDERED  REAL  PROPERTY AS PROVIDED IN SECTION THREE
 HUNDRED THIRTY-NINE-SS OF THIS ARTICLE IF AN APPLICATION TO SURRENDER  A
 MANUFACTURER'S  CERTIFICATE  OF  ORIGIN  PURSUANT  TO SECTION TWENTY-ONE
 HUNDRED SEVENTEEN-A OF THE VEHICLE AND TRAFFIC LAW,  AN  APPLICATION  TO
 SURRENDER  A CERTIFICATE OF TITLE PURSUANT TO SECTION TWENTY-ONE HUNDRED
 SEVENTEEN-B OF THE VEHICLE  AND  TRAFFIC  LAW,  OR  AN  APPLICATION  FOR
 CONFIRMATION OF CONVERSION PURSUANT TO SECTION TWENTY-ONE HUNDRED SEVEN-
 TEEN-C  OF  THE VEHICLE AND TRAFFIC LAW IS DELIVERED TO THE COMMISSIONER
 OF MOTOR VEHICLES WITHIN THIRTY DAYS OF RECORDING THE RELATED  AFFIDAVIT
 OF AFFIXATION WITH THE RECORDING OFFICER IN THE COUNTY IN WHICH THE REAL
 PROPERTY  TO  WHICH THE MANUFACTURED HOME IS OR SHALL BE AFFIXED AND THE
 APPLICATION IS THEREAFTER ACCEPTED BY THE COMMISSIONER, THE REQUIREMENTS
 OF THIS SECTION SHALL BE DEEMED SATISFIED AS OF THE DATE  THE  AFFIDAVIT
 OF AFFIXATION IS RECORDED.
   §  339-SS. CONVEYANCE AND ENCUMBRANCE AS REAL PROPERTY. UPON SATISFAC-
 TION OF THE CONDITIONS PROVIDED IN SECTION THREE HUNDRED  THIRTY-NINE-NN
 OF  THIS  ARTICLE,  ANY  MORTGAGE,  LIEN  OR SECURITY INTEREST WHICH CAN
 ATTACH TO LAND, BUILDINGS ERECTED THEREON OR FIXTURES  AFFIXED  THERETO,
 SHALL  ATTACH,  AS  OF  THE DATE OF RECORDING IN THE SAME MANNER AS REAL
 PROPERTY.  TITLE TO SUCH MANUFACTURED HOME SHALL 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 IS
 AFFIXED. THE MANUFACTURED HOME SHALL BE DEEMED TO BE REAL  PROPERTY  AND
 SHALL BE GOVERNED BY THE LAWS OF THIS STATE APPLICABLE TO REAL PROPERTY.
   §  339-TT. MANUFACTURED HOMES THAT REMAIN PERSONAL PROPERTY. EXCEPT AS
 PROVIDED IN SECTION THREE HUNDRED THIRTY-NINE-NN, SECTION THREE  HUNDRED
 THIRTY-NINE-OO,  AND SECTION THREE HUNDRED THIRTY-NINE-QQ, OF THIS ARTI-
 CLE, AN AFFIDAVIT OF AFFIXATION IS NOT NECESSARY OR EFFECTIVE TO  CONVEY
 OR  ENCUMBER A MANUFACTURED HOME OR TO CHANGE THE CHARACTER OF THE MANU-
 FACTURED HOME TO REAL PROPERTY.
   § 339-UU.  DOCUMENTS  IN  TRUST.  (A)  MANUFACTURER'S  CERTIFICATE  OF
 ORIGIN.  THE HOLDER OF A MANUFACTURER'S CERTIFICATE OF ORIGIN TO A MANU-
 FACTURED  HOME  MAY  DELIVER IT TO ANY PERSON TO FACILITATE CONVEYING OR
 ENCUMBERING THE HOME.  ANY  PERSON  RECEIVING  ANY  SUCH  MANUFACTURER'S
 CERTIFICATE  OF  ORIGIN  SO  DELIVERED  HOLDS IT IN TRUST FOR THE PERSON
 DELIVERING IT.
   (B) CERTIFICATE OF TITLE.  THE HOLDER OF A CERTIFICATE OF TITLE  TO  A
 MANUFACTURED  HOME  MAY DELIVER IT TO ANY PERSON TO FACILITATE CONVEYING
 OR ENCUMBERING THE HOME. ANY PERSON RECEIVING  ANY  SUCH  MANUFACTURER'S
 S. 101                             13
 
 CERTIFICATE  OF  TITLE  SO  DELIVERED  HOLDS  IT IN TRUST FOR THE PERSON
 DELIVERING IT.
   (C) LIEN RELEASE.  THE HOLDER OF A SECURITY INTEREST IN A MANUFACTURED
 HOME  MAY  DELIVER  LIEN  RELEASE  DOCUMENTS TO ANY PERSON TO FACILITATE
 CONVEYING OR ENCUMBERING THE HOME. ANY PERSON RECEIVING ANY  SUCH  DOCU-
 MENTS SO DELIVERED HOLDS THE DOCUMENTS IN TRUST FOR THE LIENHOLDER.
   §  339-VV.  HOME  WARRANTY.  A WARRANTY THAT APPLIES TO A MANUFACTURED
 HOME WHEN IT IS SOLD AND RIGHTS ARISING FROM A BREACH  OF  THE  WARRANTY
 ARE  NOT AFFECTED BY A SUBSEQUENT CHANGE IN THE HOME'S CLASSIFICATION AS
 REAL PROPERTY PURSUANT TO THIS ARTICLE. NO ADDITIONAL  WARRANTY  APPLIES
 TO  A  MANUFACTURED  HOME  SOLELY  BECAUSE OF A SUBSEQUENT CHANGE IN THE
 HOME'S CLASSIFICATION AS REAL PROPERTY.
   § 339-WW. IMPAIRMENT OF RIGHTS. NOTHING IN THIS SECTION  SHALL  IMPAIR
 ANY  RIGHTS  EXISTING  UNDER  LAW  PRIOR  TO  THE EFFECTIVE DATE OF THIS
 SECTION OF ANYONE CLAIMING AN INTEREST IN A MANUFACTURED HOME.
   § 9. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.