Legislation

* § 344-c. Affidavit of affixation. (a) To convey or voluntarily
encumber 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
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
affidavit 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
property upon which the manufactured home is or will be affixed to a
permanent foundation;

(iv) a statement that the manufactured home is or shall be affixed to
a permanent foundation to the real property;

(v) 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 sworn and when so sworn, upon
payment of the lawful fees therefor, the recording 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 their 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, free of any personal property

security interest.
7. The Home shall be assessed and taxed as an improvement to the Land.

IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my
presence.
(Seal) ________________________
Homeowner #1 __________________
Printed Name __________________
(Seal) ________________________
Homeowner #2 __________________
Printed Name
STATE OF )

) ss.:
COUNTY OF )

Subscribed and sworn to (or affirmed) before me on the
_____________ day of _______________ in the year _____
______________________________
Notary Signature
______________________________
Notary Printed Name
Notary Public; State of
Qualified in the County of
My commission expires:
Official Seal:
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 they executed the same in
their capacity(ies), and that by 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.