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.
