Bill Text: NY A01703 | 2023-2024 | General Assembly | Amended
Bill Title: Enacts the "New York land-home property act"; relates to manufactured homes certificate of title and the conveyance and encumbrance of manufactured homes as real property.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-01-03 - referred to judiciary [A01703 Detail]
Download: New_York-2023-A01703-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1703--A 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. THIELE, STECK, JONES -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York land-home property act". 3 § 2. Section 2107 of the vehicle and traffic law is amended by adding 4 eleven new subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), (m) 5 and (n) to read as follows: 6 (d) The commissioner shall not issue a certificate of title to a manu- 7 factured home with respect to which there has been filed an affidavit of 8 affixation pursuant to paragraph five of subdivision (a) of section 9 twenty-one hundred seventeen-a of this article, paragraph five of subdi- 10 vision (a) of section twenty-one hundred seventeen-b of this article, 11 and paragraph five of subdivision (a) of section twenty-one hundred 12 seventeen-c of this article. 13 (e) The commissioner shall file, upon receipt, each affidavit of affi- 14 xation that is delivered in accordance with subdivision (b) of section 15 three hundred forty-four-b of the real property law and each declaration 16 that is delivered pursuant to paragraph six of subdivision (a) of 17 section twenty-one hundred seventeen-c of this article when satisfied as 18 to its genuineness and regularity. 19 (f) The commissioner shall maintain a record of each affidavit of 20 affixation he or she files in accordance with subdivision (e) of this 21 section. The record shall state the vehicle information or serial number 22 of the manufactured home, the county of recordation, the date of recor- 23 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. LBD01848-08-3A. 1703--A 2 1 been recorded an affidavit of affixation pursuant to paragraph (iii) of 2 subdivision (a) of section three hundred forty-four-b of the real prop- 3 erty law and this article, and if applicable, a statement that filed 4 with the affidavit of affixation is a declaration pursuant to paragraph 5 six of subdivision (a) of section twenty-one hundred seventeen-c of this 6 article, and any other data the commissioner prescribes. 7 (g) The commissioner shall file, upon receipt, each application for 8 surrender of the manufacturer's certificate of origin relating to a 9 manufactured home that is delivered in accordance with section twenty- 10 one hundred seventeen-a of this article, when satisfied as to its 11 genuineness and regularity. 12 (h) The commissioner shall maintain a record of each manufactured home 13 manufacturer's certificate of origin that he or she accepts for surren- 14 der as provided in section twenty-one hundred seventeen-a of this arti- 15 cle. The record shall state the vehicle information or serial number of 16 the manufactured home, the date the manufacturer's certificate of origin 17 was delivered for surrender, the county of recordation, the date of 18 recordation, and the book and page number of each book of deeds where 19 there has been recorded an affidavit of affixation pursuant to paragraph 20 (iii) of subdivision (a) of section three hundred forty-four-b of the 21 real property law and this article, and any other data the commissioner 22 prescribes. 23 (i) The commissioner shall file, upon receipt, each application for 24 surrender of the certificate of title relating to a manufactured home 25 that is delivered in accordance with section twenty-one hundred seven- 26 teen-b of this article, when satisfied as to its genuineness and regu- 27 larity. 28 (j) The commissioner shall maintain a record of each manufactured home 29 certificate of title that he or she accepts for surrender as provided in 30 section twenty-one hundred seventeen-b of this article. The record shall 31 state the vehicle information or serial number of the manufactured home, 32 the date the certificate of title was delivered for surrender, the coun- 33 ty of recordation, the date of recordation, the book and page number of 34 each book of deeds where there has been recorded an affidavit of affixa- 35 tion pursuant to paragraph (iii) of subdivision (a) of section three 36 hundred forty-four-b of the real property law and this article, and any 37 other data the commissioner prescribes. 38 (k) The commissioner shall file, upon receipt, each application for 39 confirmation of conversion relating to a manufactured home that is 40 delivered in accordance with section twenty-one hundred seventeen-c of 41 this article, when satisfied as to its genuineness and regularity. 42 (l) The commissioner shall maintain a record of each application for 43 confirmation of conversion accepted as provided in section twenty-one 44 hundred seventeen-c of this article. The record shall state the vehicle 45 information or serial number of the manufactured home, the county of 46 recordation, the date of recordation, the book and page number of each 47 book of deeds where there has been recorded an affidavit of affixation 48 pursuant to paragraph (iii) of subdivision (a) of section three hundred 49 forty-four-b of the real property law and this article, and any other 50 data the commissioner prescribes. 51 (m) Notwithstanding the provisions of any other law, the commissioner 52 shall maintain the records required by this section indefinitely. 53 (n) The commissioner shall establish electronic public access to the 54 records maintained in accordance with subdivisions (f), (h), (j) and (l) 55 of this section.A. 1703--A 3 1 § 3. Subdivision (e) of section 2108 of the vehicle and traffic law, 2 as added by chapter 322 of the laws of 1993, is amended to read as 3 follows: 4 (e) Notwithstanding any other provision of law, a certificate of title 5 to a vehicle which is a [mobile home or a] manufactured home issued by 6 the commissioner is prima facie evidence of the facts appearing on it, 7 notwithstanding the fact that such vehicle, at any time, in any manner, 8 shall have become [attached to realty] affixed in any manner to real 9 property. 10 § 4. The vehicle and traffic law is amended by adding three new 11 sections 2117-a, 2117-b and 2117-c to read as follows: 12 § 2117-a. Surrender of manufacturer's certificate of origin to a manu- 13 factured home. (a) The owner or owners of a manufactured home who 14 possess the manufacturer's certificate of origin to the manufactured 15 home that is affixed to a permanent foundation as provided in subdivi- 16 sion (a) of section three hundred forty-four-b of the real property law, 17 or which the owner or owners intend to affix to a permanent foundation, 18 may surrender the manufacturer's certificate of origin to the manufac- 19 tured home to the commissioner by filing with the commissioner an appli- 20 cation for surrender of the manufacturer's certificate of origin 21 containing or accompanied by: 22 (1) the name, residence and mailing address of the owner; 23 (2) a description of the manufactured home including, so far as the 24 following data exists: the name of the manufacturer, the make, the model 25 name, the model year, the dimensions, and the vehicle identification 26 number or numbers of the manufactured home and whether it is new or 27 used, and any other information the commissioner requires; 28 (3) the date of purchase by the owner of the manufactured home, the 29 name and address of the person from whom the home was acquired and the 30 names and addresses of any lienholders in the order of apparent priori- 31 ty; 32 (4) a statement signed by the owner, stating either, (i) any facts or 33 information known to the owner that could reasonably affect the validity 34 of the title of the manufactured home or the existence or non-existence 35 of security interests in or lien on it; or (ii) that no such facts or 36 information are known to the owner; 37 (5) the recorded original affidavit of affixation as provided by para- 38 graph (iii) of subdivision (a) of section three hundred forty-four-b of 39 the real property law; 40 (6) the original manufacturer's certificate of origin; 41 (7) the name and mailing address of each person wishing written 42 acknowledgment of surrender from the commissioner; and 43 (8) any other information and documents the commissioner reasonably 44 requires to identify the owner of the manufactured home and to enable 45 him or her to determine whether the owner satisfied the requirements of 46 subdivision (a) of section three hundred forty-four-b of the real prop- 47 erty law and the owner is entitled to surrender the manufacturer's 48 certificate of origin and the existence or non-existence of security 49 interests in the manufactured home. 50 (b) When satisfied as to its genuineness and regularity of the surren- 51 der of the manufacturer's certificate of origin to a manufactured home 52 and upon satisfaction of the requirements of subdivision (a) of this 53 section, the commissioner shall cancel the manufacturer's certificate of 54 origin and update his or her records in accordance with the provisions 55 of subdivisions (g) and (h) of section twenty-one hundred seven of this 56 article and provide written acknowledgment of compliance with theA. 1703--A 4 1 provisions of this section to each person identified in paragraph seven 2 of subdivision (a) of this section. 3 (c) Upon satisfaction of the requirements of this section a manufac- 4 tured home shall be conveyed and encumbered as provided in section three 5 hundred forty-four-g of the real property law. 6 (d) Upon written request, the commissioner shall provide written 7 acknowledgment of compliance with the provisions of this section. 8 § 2117-b. Surrender of title to a manufactured home. (a) The owner or 9 owners of a manufactured home that is covered by a certificate of title 10 and that is affixed to a permanent foundation as provided in section 11 three hundred forty-four-a of the real property law, or which the owner 12 or owners intend to affix to a permanent foundation, may surrender the 13 certificate of title to the manufactured home to the commissioner by 14 filing with the commissioner an application for surrender of title 15 containing or accompanied by: 16 (1) the name, residence and mailing address of the owner; 17 (2) a description of the manufactured home including, so far as the 18 following data exists: the name of the manufacturer, the make, the model 19 name, the model year, the dimensions, and the vehicle identification 20 number or numbers of the manufactured home and whether it is new or used 21 and any other information the commissioner requires; 22 (3) the date of purchase by the owner of the manufactured home, the 23 name and address of the person from whom the home was acquired and the 24 names and addresses of any security interest holders and lienholders in 25 the order of apparent priority; 26 (4) a statement signed by the owner, stating either: (i) any facts or 27 information known to the owner that could reasonably affect the validity 28 of the title of the manufactured home or the existence or non-existence 29 of security interests in or liens on it; or (ii) that no such facts or 30 information are known to the owner; 31 (5) the recorded original affidavit of affixation as provided by para- 32 graph (iii) of subdivision (a) of section three hundred forty-four-b of 33 the real property law; 34 (6) the name and mailing address of each person wishing written 35 acknowledgment of surrender from the commissioner; 36 (7) the original certificate of title, which, upon concurrent transfer 37 of title to the manufactured home, may be endorsed by the current owner 38 of record to his or her purchaser; 39 (8) any release of lien required by subdivision (b) of this section; 40 and 41 (9) any other information and documents the commissioner reasonably 42 requires to identify the owner of the manufactured home, to determine 43 whether the owner satisfied the applicable requirements of section three 44 hundred forty-four-f of the real property law, and to enable him or her 45 to determine whether the owner is entitled to surrender the certificate 46 of title and the existence or non-existence of security interests in or 47 liens on the manufactured home. 48 (b) The commissioner shall not accept for surrender a certificate of 49 title to a manufactured home unless and until any liens pursuant to 50 section twenty-one hundred five-a and any security interests pursuant to 51 sections twenty-one hundred seven and twenty-one hundred eighteen of 52 this article have been released. 53 (c) When satisfied as to its genuineness and regularity of the surren- 54 der of a certificate of title to a manufactured home and upon satisfac- 55 tion of the requirements of subdivisions (a) and (b) of this section, 56 the commissioner shall cancel the certificate of title and update his orA. 1703--A 5 1 her records in accordance with the provisions of subdivisions (i) and 2 (j) of section twenty-one hundred seven of this article. The commission- 3 er shall also provide written acknowledgment of compliance with the 4 provisions of this section to each person identified on the application 5 for surrender of a certificate of title under paragraph six of subdivi- 6 sion (a) of this section. 7 (d) Upon satisfaction of the requirements of this section a manufac- 8 tured home shall be conveyed and encumbered as provided in section three 9 hundred forty-four-g of the real property law. 10 (e) Upon written request, the commissioner shall provide written 11 acknowledgment of compliance with the provisions of this section. 12 § 2117-c. Confirmation of conversion of a manufactured home. (a) The 13 owner or owners of a manufactured home that is not covered by a certif- 14 icate of title or a manufacturer's certificate of origin, or of a manu- 15 factured home that is covered by a manufacturer's certificate of origin 16 or certificate of title but which the owner or owners, after diligent 17 search and inquiry, are unable to produce, and that is affixed to a 18 permanent foundation, or which the owner intends to affix to a permanent 19 foundation, may satisfy the requirements of subdivision (b) of section 20 three hundred forty-four-b of the real property law by filing with the 21 commissioner an application for confirmation of conversion containing or 22 accompanied by: 23 (1) the name, residence and mailing address of the owner; 24 (2) a description of the manufactured home including, so far as the 25 following data exists: the name of the manufacturer, the make, the model 26 name, the model year, the dimensions, and the vehicle identification 27 number or numbers of the manufactured home and whether it is new or used 28 and any other information the commissioner requires; 29 (3) the date of purchase by the owner of the manufactured home, the 30 name and address of the person from whom the home was acquired and the 31 names and addresses of any security interest holders and lienholders in 32 the order of apparent priority; 33 (4) a statement signed by the owner, stating either: (i) any facts or 34 information known to the owner that could reasonably affect the validity 35 of the title of the manufactured home or the existence or non-existence 36 of security interests in or liens on it; or (ii) that no such facts or 37 information are known to the owner; 38 (5) the recorded original of the affidavit of affixation as provided 39 by paragraph (iii) of subdivision (a) of section three hundred forty- 40 four-b of the real property law; 41 (6) a sworn declaration by an attorney at law, duly admitted to prac- 42 tice in the courts of the state of New York, or an agent of a title 43 insurance company duly licensed to issue policies of title insurance in 44 the state of New York, that the manufactured home is free and clear of 45 or has been released or will be released from all recorded security 46 interests, liens and encumbrances; and: (i) any facts or information 47 known to him or her that could reasonably affect the validity of the 48 title of the manufactured home or the existence or non-existence of 49 security interests in it; or (ii) that no such facts or information are 50 known to him or her; and 51 (7) the name and mailing address of each person wishing written 52 acknowledgment of confirmation of conversion from the commissioner; and 53 (8) any other information and documents the commissioner reasonably 54 requires to identify the owner of the manufactured home and to determine 55 the owner satisfied the applicable requirements of section three hundredA. 1703--A 6 1 forty-four-b of the real property law, and the existence or non-exis- 2 tence of security interests in or liens on the manufactured home. 3 (b) When satisfied as to its genuineness and regularity of the confir- 4 mation of conversion of a manufactured home and upon satisfaction of the 5 requirements of subdivision (a) of this section, the commissioner shall 6 update his or her records in accordance with the provisions of subdivi- 7 sions (f), (k) and (l) of section twenty-one hundred seven of this arti- 8 cle. The commissioner shall also provide written acknowledgment of 9 compliance with the provisions of this section to each person identified 10 on the application for confirmation of conversion under paragraph seven 11 of subdivision (a) of this section. 12 (c) Upon satisfaction of the requirements of this section a manufac- 13 tured home shall be conveyed and encumbered as provided in section three 14 hundred forty-four-g of the real property law. 15 (d) Upon written request, the commissioner shall provide written 16 acknowledgment of compliance with the provisions of this section. 17 § 5. Subdivisions (d) and (e) of section 2118 of the vehicle and traf- 18 fic law, subdivision (d) as added by chapter 322 of the laws of 1993 and 19 subdivision (e) as amended by chapter 84 of the laws of 2001, are 20 amended to read as follows: 21 (d) A security interest noted on a certificate of title to a vehicle 22 which is a [mobile home or a] manufactured home shall have priority over 23 [any other] all subsequent liens or security interests except for those 24 set forth in subdivision (c) of section [two thousand one] twenty-one 25 hundred three of this article. 26 (e) [After] Except as otherwise provided in sections twenty-one 27 hundred seventeen-b and twenty-one hundred twenty-three of this article, 28 and article nine-E of the real property law, after a certificate of 29 title has been issued [in this state] for a [vehicle which is a mobile30home or a] manufactured home, and as long as the [vehicle which is a31mobile home or a] manufactured home is subject to any security interest 32 perfected pursuant to this section, the commissioner shall not file an 33 affidavit of affixation, nor revoke the certificate of title, nor issue 34 a certificate of title under subdivision (a) of section twenty-one 35 hundred seven of this article, and, in any event, the validity and 36 priority of any security interest perfected pursuant to this section 37 shall continue, notwithstanding the provision of any other law[, includ-38ing but not limited to section 9-303 and section 9-313 of the uniform39commercial code]. 40 § 6. Section 2123 of the vehicle and traffic law, as amended by chap- 41 ter 322 of the laws of 1993, is amended to read as follows: 42 § 2123. Exclusiveness of procedure. The method provided in this arti- 43 cle of perfecting and giving notice of security interests subject to 44 this article is exclusive. Security interests subject to this article 45 are hereby exempted from the provisions of law which otherwise relate to 46 the perfection of security interests, [including but not limited to47section 9-313 of the uniform commercial code] provided, however, that 48 with respect to a manufactured home that is or will be affixed to a 49 permanent foundation, upon recordation of an affidavit of affixation 50 pursuant to paragraph (iii) of subdivision (a) of section three hundred 51 forty-four-b of the real property law and satisfaction of the require- 52 ments of section twenty-one hundred seventeen-a, twenty-one hundred 53 seventeen-b or twenty-one hundred seventeen-c of this article, any 54 perfection or termination of a security interest with respect to such 55 manufactured home shall conform to the requirements of article nine-E of 56 the real property law.A. 1703--A 7 1 § 7. Paragraph 2 of subdivision (a) of section 2124 of the vehicle and 2 traffic law, as added by chapter 322 of the laws of 1993, is amended to 3 read as follows: 4 (2) [Notwithstanding any other provision of law] Except as provided in 5 section twenty-one hundred seventeen-b and subdivision (e) of section 6 twenty-one hundred eighteen of this article, the commissioner shall not 7 suspend or revoke a certificate of title to a [vehicle which is a mobile8home or] manufactured home by reason of the fact that, at any time, in 9 any manner, it shall have become attached to [realty] real property. 10 § 8. The real property law is amended by adding a new article 9-E to 11 read as follows: 12 ARTICLE 9-E 13 CONVEYANCE AND ENCUMBRANCE OF MANUFACTURED HOMES AS REAL PROPERTY 14 Section 344-a. Manufactured home; affixed to a permanent foundation. 15 344-b. Conversion procedure. 16 344-c. Affidavit of affixation. 17 344-d. Disposition of liens. 18 344-e. Notice to commissioner of motor vehicles. 19 344-f. Time of conversion. 20 344-g. Conveyance and encumbrance as real property. 21 344-h. Manufactured homes that remain personal property. 22 344-i. Documents in trust. 23 344-j. Home warranty. 24 344-k. Impairment of rights. 25 § 344-a. Manufactured home; affixed to a permanent foundation. For 26 purposes of this article, the term "manufactured home" means a "manufac- 27 tured home" as defined in paragraph fifty-three of subsection (a) of 28 section 9-102 of the uniform commercial code. For purposes of this 29 section, article forty-six of the vehicle and traffic law, and the 30 uniform commercial code, a manufactured home is "affixed to a permanent 31 foundation" if it is anchored to real property by attachment to a perma- 32 nent foundation, and connected to a residential utility, such as water, 33 gas, electricity, sewer or septic service. 34 § 344-b. Conversion procedure. (a) A manufactured home shall be 35 deemed to be real property and shall be governed by the laws applicable 36 thereto when the following conditions are satisfied: 37 (i) The manufactured home shall be affixed to a permanent foundation; 38 (ii) The ownership interests in the manufactured home and the real 39 property to which the manufactured home is or shall be affixed shall be 40 identical, provided, however, that the owner of the manufactured home, 41 if not the owner of the real property, is in possession of the real 42 property under the terms of a lease in recordable form, and the owner 43 has the written consent of the lessor of the real property; and 44 (iii) Each person having an ownership interest in such home shall 45 execute and record with the recording officer of the county or counties 46 in which the real property is located an affidavit of affixation as 47 provided in section three hundred forty-four-c of this article, and 48 satisfy the other applicable requirements of this article. 49 (b) Upon receipt of the recorded original affidavit of affixation 50 pursuant to section three hundred forty-four-e of this article, any 51 person designated therein for filing with the commissioner of motor 52 vehicles shall file the recorded original affidavit of affixation with 53 the commissioner. 54 (i) In the case where the home is covered by a manufacturer's certif- 55 icate of origin, the recorded original affidavit of affixation and theA. 1703--A 8 1 original manufacturer's certificate of origin shall be filed with the 2 commissioner pursuant to section twenty-one hundred seventeen-a of the 3 vehicle and traffic law. 4 (ii) In the case the home is covered by a certificate of title, the 5 recorded original affidavit of affixation and the original certificate 6 of title shall be filed with the commissioner in accordance with section 7 twenty-one hundred seventeen-b of the vehicle and traffic law. 8 (iii) In the case the home is not covered by a manufacturer's certif- 9 icate of origin or a certificate of title, or where a manufactured home 10 that is covered by a manufacturer's certificate of origin or certificate 11 of title but which the owner or owners, after diligent search and 12 inquiry, are unable to produce, the recorded original affidavit of affi- 13 xation shall be filed with the commissioner in accordance with section 14 twenty-one hundred seventeen-c of the vehicle and traffic law. 15 § 344-c. Affidavit of affixation. (a) To convey or voluntarily encum- 16 ber a manufactured home, an affidavit of affixation shall contain or be 17 accompanied by: 18 (i) so far as the data exists, the name of the manufacturer, the make, 19 the model name, the model year, the dimensions, and the vehicle iden- 20 tification number or numbers of the manufactured home, and whether it is 21 new or used; 22 (ii)(A) a statement that the party executing the affidavit is the 23 owner of the real property described therein or, (B) if not the owner of 24 the real property, (1) a statement that the party executing the affida- 25 vit is in possession of the real property pursuant to the terms of a 26 lease in recordable form, and (2) the consent of the lessor of the real 27 property shall be endorsed upon or attached to the affidavit and be 28 acknowledged or proved in the manner as to entitle a conveyance to be 29 recorded; 30 (iii) the street address and the legal description of the real proper- 31 ty upon which the manufactured home is or will be affixed to a permanent 32 foundation; 33 (iv) a statement that the manufactured home is or shall be affixed to 34 a permanent foundation to the real property; 35 (v) the name and address of the person designated for filing the 36 recorded original affidavit of affixation with the commissioner of motor 37 vehicles, to whom the recording officer shall return the affidavit of 38 affixation after it has been duly recorded in the real property records, 39 as provided in this section. 40 (b) The affidavit of affixation shall be in the form set forth in 41 subdivision (c) of this section, duly sworn and when so sworn, upon 42 payment of the lawful fees therefor, the recording officer shall imme- 43 diately cause the affidavit of affixation and any attachments thereto, 44 to be duly recorded and indexed in the record of deeds. 45 (c) An affidavit of affixation shall be in substantially the form set 46 forth below: 47 ______________________, 20____ 48 Date ______________________________ 49 Place of Recording 50 Record & Return by [] Mail [] Pickup to: ______________________________ 51 NameA. 1703--A 9 ______________________________ 1 Address 1 ______________________________ 2 Address 2 3 MANUFACTURED HOME AFFIDAVIT OF AFFIXATION 4 Homeowner, being duly sworn, on his or her oath, states as follows: 5 1. Homeowner owns the manufactured home ("Home") described as follows: ________________________________________________________________________ 6 New/Used Year Manufacturer's Name Model Name or Model No. ________________________________________________________________________ 7 Manufacturer's Serial No. Length / Width 8 2. The Home is or will be located at the following "Property Address": ________________________________________________________________________ 9 Street or Route City County State Zip Code 10 3. The legal description of the Property Address ("Land") is: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 11 4. The Homeowner is the owner of the Land or, if not the owner of the 12 Land, is in possession of the real property pursuant to a lease in 13 recordable form, and the consent of the lessor is attached to this 14 Affidavit. 15 5. The Home is, or shall be promptly upon delivery, anchored to the Land 16 by attachment to a permanent foundation and connected to appropriate 17 residential utilities (e.g., water, gas, electricity, sewer). 18 6. Homeowner intends that the Home be an immovable fixture and a 19 permanent improvement to the Land, free of any personal property 20 security interest. 21 7. The Home shall be assessed and taxed as an improvement to the Land. 22 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my 23 presence. 24 (Seal) ________________________ 25 Homeowner #1 __________________ 26 Printed Name __________________ 27 (Seal) ________________________ 28 Homeowner #2 __________________ 29 Printed Name 30 STATE OF )A. 1703--A 10 1 ) ss.: 2 COUNTY OF ) 3 Subscribed and sworn to (or affirmed) before me on the 4 _____________ day of _______________ in the year _____ ______________________________ 5 Notary Signature ______________________________ 6 Notary Printed Name 7 Notary Public; State of 8 Qualified in the County of 9 My commission expires: 10 Official Seal: 11 Lender's Statement of Intent: 12 The undersigned ("Lender") intends that the Home be an immovable fixture 13 and a permanent improvement to the Land. 14 _______________________________ 15 Lender 16 By: 17 Authorized Signature 18 STATE OF ) 19 ) ss.: 20 COUNTY OF ) 21 On the ____________ day of ________ in the year ________ before me, the 22 undersigned, a Notary Public in and for said State, personally appeared 23 _______________________________________________________________________, 24 personally known to me or proved to me on the basis of satisfactory 25 evidence to be the individual(s) whose name(s) is(are) subscribed to the 26 within instrument and acknowledged to me that he/she/they executed the 27 same in his/her/their capacity(ies), and that by his/her/their 28 signature(s) on the instrument, the individual(s), or the person on 29 behalf of which the individual(s) acted, executed the instrument. 30 _______________________________ 31 Notary Signature 32 _______________________________ 33 Notary Printed Name 34 Notary Public; State of 35 Qualified in the County ofA. 1703--A 11 1 My commission expires: 2 Official Seal: 3 (d) The fee for recording an affidavit of affixation shall be two 4 hundred dollars. 5 (e) No transfer tax shall be due upon the filing of an affidavit of 6 affixation. 7 § 344-d. Disposition of liens. Neither the act of affixing a manufac- 8 tured home to real property, nor the recording of the affidavit of affi- 9 xation shall impair the rights of any holder of a security interest in a 10 manufactured home perfected as provided in section twenty-one hundred 11 eighteen of the vehicle and traffic law, unless and until the due filing 12 with and acceptance by the commissioner of motor vehicles of an applica- 13 tion to surrender the title and a release of any lien as provided in 14 section twenty-one hundred twenty-one of the vehicle and traffic law. 15 Upon the filing of such a release, the security interest created under 16 the vehicle and traffic law terminates. The recording of an affidavit 17 of affixation does not change the character of the lien noted on a 18 certificate of title, and no mortgage recording tax shall be imposed at 19 the time an affidavit of affixation is recorded or upon any lien upon a 20 manufactured home created under the vehicle and traffic law. 21 § 344-e. Notice to commissioner of motor vehicles. Upon payment of 22 the fees provided by law and recordation of the affidavit of affixation, 23 the recording officer shall endorse the affidavit as "recorded in land 24 records", setting forth thereon the indexing information for the affida- 25 vit of affixation and the recording officer shall forthwith forward the 26 recorded original affidavit of affixation to the person designated ther- 27 ein for filing with the commissioner of motor vehicles. 28 § 344-f. Time of conversion. (a) A manufactured home shall be consid- 29 ered real property as provided in section three hundred forty-four-g of 30 this article when an application to surrender a manufacturer's certif- 31 icate of origin pursuant to section twenty-one hundred seventeen-a of 32 the vehicle and traffic law, an application to surrender a certificate 33 of title pursuant to section twenty-one hundred seventeen-b of the vehi- 34 cle and traffic law, or an application for confirmation of conversion 35 pursuant to section twenty-one hundred seventeen-c of the vehicle and 36 traffic law is delivered to and accepted by the commissioner of motor 37 vehicles. 38 (b) Notwithstanding subdivision (a) of this section, a manufactured 39 home shall be considered real property as provided in section three 40 hundred forty-four-g of this article if an application to surrender a 41 manufacturer's certificate of origin pursuant to section twenty-one 42 hundred seventeen-a of the vehicle and traffic law, an application to 43 surrender a certificate of title pursuant to section twenty-one hundred 44 seventeen-b of the vehicle and traffic law, or an application for 45 confirmation of conversion pursuant to section twenty-one hundred seven- 46 teen-c of the vehicle and traffic law is delivered to the commissioner 47 of motor vehicles within thirty days of recording the related affidavit 48 of affixation with the recording officer in the county in which the real 49 property to which the manufactured home is or shall be affixed and the 50 application is thereafter accepted by the commissioner, the requirements 51 of this section shall be deemed satisfied as of the date the affidavit 52 of affixation is recorded. 53 § 344-g. Conveyance and encumbrance as real property. Upon satisfac- 54 tion of the conditions provided in section three hundred forty-four-b of 55 this article, any mortgage, lien or security interest which can attach 56 to land, buildings erected thereon or fixtures affixed thereto, shallA. 1703--A 12 1 attach, as of the date of recording in the same manner as real property. 2 Title to such manufactured home shall be transferred by deed or other 3 form of conveyance that is effective to transfer an interest in real 4 property, together with the land to which such structure is affixed. The 5 manufactured home shall be deemed to be real property and shall be 6 governed by the laws of this state applicable to real property. 7 § 344-h. Manufactured homes that remain personal property. Except as 8 provided in section three hundred forty-four-b, section three hundred 9 forty-four-c, and section three hundred forty-four-e, of this article, 10 an affidavit of affixation is not necessary or effective to convey or 11 encumber a manufactured home or to change the character of the manufac- 12 tured home to real property. 13 § 344-i. Documents in trust. (a) Manufacturer's certificate of origin. 14 The holder of a manufacturer's certificate of origin to a manufactured 15 home may deliver it to any person to facilitate conveying or encumbering 16 the home. Any person receiving any such manufacturer's certificate of 17 origin so delivered holds it in trust for the person delivering it. 18 (b) Certificate of title. The holder of a certificate of title to a 19 manufactured home may deliver it to any person to facilitate conveying 20 or encumbering the home. Any person receiving any such manufacturer's 21 certificate of title so delivered holds it in trust for the person 22 delivering it. 23 (c) Lien release. The holder of a security interest in a manufactured 24 home may deliver lien release documents to any person to facilitate 25 conveying or encumbering the home. Any person receiving any such docu- 26 ments so delivered holds the documents in trust for the lienholder. 27 § 344-j. Home warranty. A warranty that applies to a manufactured home 28 when it is sold and rights arising from a breach of the warranty are not 29 affected by a subsequent change in the home's classification as real 30 property pursuant to this article. No additional warranty applies to a 31 manufactured home solely because of a subsequent change in the home's 32 classification as real property. 33 § 344-k. Impairment of rights. Nothing in this section shall impair 34 any rights existing under law prior to the effective date of this 35 section of anyone claiming an interest in a manufactured home. 36 § 9. This act shall take effect one year after it shall have become a 37 law. Effective immediately, the addition, amendment and/or repeal of any 38 rule or regulation necessary for the implementation of this act on its 39 effective date are authorized to be made and completed on or before such 40 effective date.
