Bill Text: NY A08152 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to manufactured homes certificate of title and the conveyance and encumbrance of manufactured homes as real property.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-05-05 - print number 8152a [A08152 Detail]
Download: New_York-2021-A08152-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8152--A 2021-2022 Regular Sessions IN ASSEMBLY July 7, 2021 ___________ Introduced by M. of A. THIELE, STECK -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. This act shall be known and may be cited as the "New York 2 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 thirty-nine-nn of the real property law and each declara- 16 tion 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11575-05-2A. 8152--A 2 1 of the manufactured home, the county of recordation, the date of recor- 2 dation, the book and page number of each book of deeds where there has 3 been recorded an affidavit of affixation pursuant to paragraph (iii) of 4 subdivision (a) of section three hundred thirty-nine-nn of the real 5 property law and this article, and if applicable, a statement that filed 6 with the affidavit of affixation is a declaration pursuant to paragraph 7 six of subdivision (a) of section twenty-one hundred seventeen-c of this 8 article, and any other data the commissioner prescribes. 9 (g) The commissioner shall file, upon receipt, each application for 10 surrender of the manufacturer's certificate of origin relating to a 11 manufactured home that is delivered in accordance with section twenty- 12 one hundred seventeen-a of this article, when satisfied as to its 13 genuineness and regularity. 14 (h) The commissioner shall maintain a record of each manufactured home 15 manufacturer's certificate of origin that he or she accepts for surren- 16 der as provided in section twenty-one hundred seventeen-a of this arti- 17 cle. The record shall state the vehicle information or serial number of 18 the manufactured home, the date the manufacturer's certificate of origin 19 was delivered for surrender, the county of recordation, the date of 20 recordation, and the book and page number of each book of deeds where 21 there has been recorded an affidavit of affixation pursuant to paragraph 22 (iii) of subdivision (a) of section three hundred thirty-nine-nn of the 23 real property law and this article, and any other data the commissioner 24 prescribes. 25 (i) The commissioner shall file, upon receipt, each application for 26 surrender of the certificate of title relating to a manufactured home 27 that is delivered in accordance with section twenty-one hundred seven- 28 teen-b of this article, when satisfied as to its genuineness and regu- 29 larity. 30 (j) The commissioner shall maintain a record of each manufactured home 31 certificate of title that he or she accepts for surrender as provided in 32 section twenty-one hundred seventeen-b of this article. The record shall 33 state the vehicle information or serial number of the manufactured home, 34 the date the certificate of title was delivered for surrender, the coun- 35 ty of recordation, the date of recordation, the book and page number of 36 each book of deeds where there has been recorded an affidavit of affixa- 37 tion pursuant to paragraph (iii) of subdivision (a) of section three 38 hundred thirty-nine-nn of the real property law and this article, and 39 any other data the commissioner prescribes. 40 (k) The commissioner shall file, upon receipt, each application for 41 confirmation of conversion relating to a manufactured home that is 42 delivered in accordance with section twenty-one hundred seventeen-c of 43 this article, when satisfied as to its genuineness and regularity. 44 (l) The commissioner shall maintain a record of each application for 45 confirmation of conversion accepted as provided in section twenty-one 46 hundred seventeen-c of this article. The record shall state the vehicle 47 information or serial number of the manufactured home, the county of 48 recordation, the date of recordation, the book and page number of each 49 book of deeds where there has been recorded an affidavit of affixation 50 pursuant to paragraph (iii) of subdivision (a) of section three hundred 51 thirty-nine-nn of the real property law and this article, and any other 52 data the commissioner prescribes. 53 (m) Notwithstanding the provisions of any other law, the commissioner 54 shall maintain the records required by this section indefinitely.A. 8152--A 3 1 (n) The commissioner shall establish electronic public access to the 2 records maintained in accordance with subdivisions (f), (h), (j) and (l) 3 of this section. 4 § 3. Subdivision (e) of section 2108 of the vehicle and traffic law, 5 as added by chapter 322 of the laws of 1993, is amended to read as 6 follows: 7 (e) Notwithstanding any other provision of law, a certificate of title 8 to a vehicle which is a [mobile home or a] manufactured home issued by 9 the commissioner is prima facie evidence of the facts appearing on it, 10 notwithstanding the fact that such vehicle, at any time, in any manner, 11 shall have become [attached to realty] affixed in any manner to real 12 property. 13 § 4. The vehicle and traffic law is amended by adding three new 14 sections 2117-a, 2117-b and 2117-c to read as follows: 15 § 2117-a. Surrender of manufacturer's certificate of origin to a manu- 16 factured home. (a) The owner or owners of a manufactured home who 17 possess the manufacturer's certificate of origin to the manufactured 18 home that is affixed to a permanent foundation as provided in subdivi- 19 sion (a) of section three hundred thirty-nine-nn of the real property 20 law, or which the owner or owners intend to affix to a permanent founda- 21 tion, may surrender the manufacturer's certificate of origin to the 22 manufactured home to the commissioner by filing with the commissioner an 23 application for surrender of the manufacturer's certificate of origin 24 containing or accompanied by: 25 (1) the name, residence and mailing address of the owner; 26 (2) a description of the manufactured home including, so far as the 27 following data exists: the name of the manufacturer, the make, the model 28 name, the model year, the dimensions, and the vehicle identification 29 number or numbers of the manufactured home and whether it is new or 30 used, and any other information the commissioner requires; 31 (3) the date of purchase by the owner of the manufactured home, the 32 name and address of the person from whom the home was acquired and the 33 names and addresses of any lienholders in the order of apparent priori- 34 ty; 35 (4) a statement signed by the owner, stating either, (i) any facts or 36 information known to the owner that could reasonably affect the validity 37 of the title of the manufactured home or the existence or non-existence 38 of security interests in or lien on it; or (ii) that no such facts or 39 information are known to the owner; 40 (5) the recorded original affidavit of affixation as provided by para- 41 graph (iii) of subdivision (a) of section three hundred thirty-nine-nn 42 of the real property law; 43 (6) the original manufacturer's certificate of origin; 44 (7) the name and mailing address of each person wishing written 45 acknowledgment of surrender from the commissioner; and 46 (8) any other information and documents the commissioner reasonably 47 requires to identify the owner of the manufactured home and to enable 48 him or her to determine whether the owner satisfied the requirements of 49 subdivision (a) of section three hundred thirty-nine-nn of the real 50 property law and the owner is entitled to surrender the manufacturer's 51 certificate of origin and the existence or non-existence of security 52 interests in the manufactured home. 53 (b) When satisfied as to its genuineness and regularity of the surren- 54 der of the manufacturer's certificate of origin to a manufactured home 55 and upon satisfaction of the requirements of subdivision (a) of this 56 section, the commissioner shall cancel the manufacturer's certificate ofA. 8152--A 4 1 origin and update his or her records in accordance with the provisions 2 of subdivisions (g) and (h) of section twenty-one hundred seven of this 3 article and provide written acknowledgment of compliance with the 4 provisions of this section to each person identified in paragraph seven 5 of subdivision (a) of this section. 6 (c) Upon satisfaction of the requirements of this section a manufac- 7 tured home shall be conveyed and encumbered as provided in section three 8 hundred thirty-nine-ss of the real property law. 9 (d) Upon written request, the commissioner shall provide written 10 acknowledgment of compliance with the provisions of this section. 11 § 2117-b. Surrender of title to a manufactured home. (a) The owner or 12 owners of a manufactured home that is covered by a certificate of title 13 and that is affixed to a permanent foundation as provided in section 14 three hundred thirty-nine-mm of the real property law, or which the 15 owner or owners intend to affix to a permanent foundation, may surrender 16 the certificate of title to the manufactured home to the commissioner by 17 filing with the commissioner an application for surrender of title 18 containing or accompanied by: 19 (1) the name, residence and mailing address of the owner; 20 (2) a description of the manufactured home including, so far as the 21 following data exists: the name of the manufacturer, the make, the model 22 name, the model year, the dimensions, and the vehicle identification 23 number or numbers of the manufactured home and whether it is new or used 24 and any other information the commissioner requires; 25 (3) the date of purchase by the owner of the manufactured home, the 26 name and address of the person from whom the home was acquired and the 27 names and addresses of any security interest holders and lienholders in 28 the order of apparent priority; 29 (4) a statement signed by the owner, stating either: (i) any facts or 30 information known to the owner that could reasonably affect the validity 31 of the title of the manufactured home or the existence or non-existence 32 of security interests in or liens on it; or (ii) that no such facts or 33 information are known to the owner; 34 (5) the recorded original affidavit of affixation as provided by para- 35 graph (iii) of subdivision (a) of section three hundred thirty-nine-nn 36 of the real property law; 37 (6) the name and mailing address of each person wishing written 38 acknowledgment of surrender from the commissioner; 39 (7) the original certificate of title, which, upon concurrent transfer 40 of title to the manufactured home, may be endorsed by the current owner 41 of record to his or her purchaser; 42 (8) any release of lien required by subdivision (b) of this section; 43 and 44 (9) any other information and documents the commissioner reasonably 45 requires to identify the owner of the manufactured home, to determine 46 whether the owner satisfied the applicable requirements of section three 47 hundred thirty-nine-rr of the real property law, and to enable him or 48 her to determine whether the owner is entitled to surrender the certif- 49 icate of title and the existence or non-existence of security interests 50 in or liens on the manufactured home. 51 (b) The commissioner shall not accept for surrender a certificate of 52 title to a manufactured home unless and until any liens pursuant to 53 section twenty-one hundred five-a and any security interests pursuant to 54 sections twenty-one hundred seven and twenty-one hundred eighteen of 55 this article have been released.A. 8152--A 5 1 (c) When satisfied as to its genuineness and regularity of the surren- 2 der of a certificate of title to a manufactured home and upon satisfac- 3 tion of the requirements of subdivisions (a) and (b) of this section, 4 the commissioner shall cancel the certificate of title and update his or 5 her records in accordance with the provisions of subdivisions (i) and 6 (j) of section twenty-one hundred seven of this article. The commission- 7 er shall also provide written acknowledgment of compliance with the 8 provisions of this section to each person identified on the application 9 for surrender of a certificate of title under paragraph six of subdivi- 10 sion (a) of this section. 11 (d) Upon satisfaction of the requirements of this section a manufac- 12 tured home shall be conveyed and encumbered as provided in section three 13 hundred thirty-nine-ss of the real property law. 14 (e) Upon written request, the commissioner shall provide written 15 acknowledgment of compliance with the provisions of this section. 16 § 2117-c. Confirmation of conversion of a manufactured home. (a) The 17 owner or owners of a manufactured home that is not covered by a certif- 18 icate of title or a manufacturer's certificate of origin, or of a manu- 19 factured home that is covered by a manufacturer's certificate of origin 20 or certificate of title but which the owner or owners, after diligent 21 search and inquiry, are unable to produce, and that is affixed to a 22 permanent foundation, or which the owner intends to affix to a permanent 23 foundation, may satisfy the requirements of subdivision (b) of section 24 three hundred thirty-nine-nn of the real property law by filing with the 25 commissioner an application for confirmation of conversion containing or 26 accompanied by: 27 (1) the name, residence and mailing address of the owner; 28 (2) a description of the manufactured home including, so far as the 29 following data exists: the name of the manufacturer, the make, the model 30 name, the model year, the dimensions, and the vehicle identification 31 number or numbers of the manufactured home and whether it is new or used 32 and any other information the commissioner requires; 33 (3) the date of purchase by the owner of the manufactured home, the 34 name and address of the person from whom the home was acquired and the 35 names and addresses of any security interest holders and lienholders in 36 the order of apparent priority; 37 (4) a statement signed by the owner, stating either: (i) any facts or 38 information known to the owner that could reasonably affect the validity 39 of the title of the manufactured home or the existence or non-existence 40 of security interests in or liens on it; or (ii) that no such facts or 41 information are known to the owner; 42 (5) the recorded original of the affidavit of affixation as provided 43 by paragraph (iii) of subdivision (a) of section three hundred thirty- 44 nine-nn of the real property law; 45 (6) a sworn declaration by an attorney at law, duly admitted to prac- 46 tice in the courts of the state of New York, or an agent of a title 47 insurance company duly licensed to issue policies of title insurance in 48 the state of New York, that the manufactured home is free and clear of 49 or has been released or will be released from all recorded security 50 interests, liens and encumbrances; and: (i) any facts or information 51 known to him or her that could reasonably affect the validity of the 52 title of the manufactured home or the existence or non-existence of 53 security interests in it; or (ii) that no such facts or information are 54 known to him or her; and 55 (7) the name and mailing address of each person wishing written 56 acknowledgment of confirmation of conversion from the commissioner; andA. 8152--A 6 1 (8) any other information and documents the commissioner reasonably 2 requires to identify the owner of the manufactured home and to determine 3 the owner satisfied the applicable requirements of section three hundred 4 thirty-nine-nn of the real property law, and the existence or non-exis- 5 tence of security interests in or liens on the manufactured home. 6 (b) When satisfied as to its genuineness and regularity of the confir- 7 mation of conversion of a manufactured home and upon satisfaction of the 8 requirements of subdivision (a) of this section, the commissioner shall 9 update his or her records in accordance with the provisions of subdivi- 10 sions (f), (k) and (l) of section twenty-one hundred seven of this arti- 11 cle. The commissioner shall also provide written acknowledgment of 12 compliance with the provisions of this section to each person identified 13 on the application for confirmation of conversion under paragraph seven 14 of subdivision (a) of this section. 15 (c) Upon satisfaction of the requirements of this section a manufac- 16 tured home shall be conveyed and encumbered as provided in section three 17 hundred thirty-nine-ss of the real property law. 18 (d) Upon written request, the commissioner shall provide written 19 acknowledgment of compliance with the provisions of this section. 20 § 5. Subdivisions (d) and (e) of section 2118 of the vehicle and traf- 21 fic law, subdivision (d) as added by chapter 322 of the laws of 1993 and 22 subdivision (e) as amended by chapter 84 of the laws of 2001, are 23 amended to read as follows: 24 (d) A security interest noted on a certificate of title to a vehicle 25 which is a [mobile home or a] manufactured home shall have priority over 26 [any other] all subsequent liens or security interests except for those 27 set forth in subdivision (c) of section [two thousand one] twenty-one 28 hundred three of this article. 29 (e) [After] Except as otherwise provided in sections twenty-one 30 hundred seventeen-b and twenty-one hundred twenty-three of this article, 31 and article nine-BB of the real property law, after a certificate of 32 title has been issued [in this state] for a [vehicle which is a mobile33home or a] manufactured home, and as long as the [vehicle which is a34mobile home or a] manufactured home is subject to any security interest 35 perfected pursuant to this section, the commissioner shall not file an 36 affidavit of affixation, nor revoke the certificate of title, nor issue 37 a certificate of title under subdivision (a) of section twenty-one 38 hundred seven of this article, and, in any event, the validity and 39 priority of any security interest perfected pursuant to this section 40 shall continue, notwithstanding the provision of any other law[, includ-41ing but not limited to section 9-303 and section 9-313 of the uniform42commercial code]. 43 § 6. Section 2123 of the vehicle and traffic law, as amended by chap- 44 ter 322 of the laws of 1993, is amended to read as follows: 45 § 2123. Exclusiveness of procedure. The method provided in this arti- 46 cle of perfecting and giving notice of security interests subject to 47 this article is exclusive. Security interests subject to this article 48 are hereby exempted from the provisions of law which otherwise relate to 49 the perfection of security interests, [including but not limited to50section 9-313 of the uniform commercial code] provided, however, that 51 with respect to a manufactured home that is or will be affixed to a 52 permanent foundation, upon recordation of an affidavit of affixation 53 pursuant to paragraph (iii) of subdivision (a) of section three hundred 54 thirty-nine-nn of the real property law and satisfaction of the require- 55 ments of section twenty-one hundred seventeen-a, twenty-one hundred 56 seventeen-b or twenty-one hundred seventeen-c of this article, anyA. 8152--A 7 1 perfection or termination of a security interest with respect to such 2 manufactured home shall conform to the requirements of article nine-BB 3 of the real property law. 4 § 7. Paragraph 2 of subdivision (a) of section 2124 of the vehicle and 5 traffic law, as added by chapter 322 of the laws of 1993, is amended to 6 read as follows: 7 (2) [Notwithstanding any other provision of law] Except as provided in 8 section twenty-one hundred seventeen-b and subdivision (e) of section 9 twenty-one hundred eighteen of this article, the commissioner shall not 10 suspend or revoke a certificate of title to a [vehicle which is a mobile11home or] manufactured home by reason of the fact that, at any time, in 12 any manner, it shall have become attached to [realty] real property. 13 § 8. The real property law is amended by adding a new article 9-BB to 14 read as follows: 15 ARTICLE 9-BB 16 CONVEYANCE AND ENCUMBRANCE OF MANUFACTURED HOMES AS REAL PROPERTY 17 Section 339-mm. Manufactured home; affixed to a permanent foundation. 18 339-nn. Conversion procedure. 19 339-oo. Affidavit of affixation. 20 339-pp. Disposition of liens. 21 339-qq. Notice to commissioner of motor vehicles. 22 339-rr. Time of conversion. 23 339-ss. Conveyance and encumbrance as a real property. 24 339-tt. Manufactured homes that remain personal property. 25 339-uu. Documents in trust. 26 339-vv. Home warranty. 27 339-ww. Impairment of rights. 28 § 339-mm. Manufactured home; affixed to a permanent foundation. For 29 purposes of this article, the term "manufactured home" means a "manufac- 30 tured home" as defined in paragraph fifty-three of subsection (a) of 31 section 9-102 of the uniform commercial code. For purposes of this 32 section, article forty-six of the vehicle and traffic law, and the 33 uniform commercial code, a manufactured home is "affixed to a permanent 34 foundation" if it is anchored to real property by attachment to a perma- 35 nent foundation, and connected to a residential utility, such as water, 36 gas, electricity, sewer or septic service. 37 § 339-nn. Conversion procedure. (a) A manufactured home shall be 38 deemed to be real property and shall be governed by the laws applicable 39 thereto when the following conditions are satisfied: 40 (i) The manufactured home shall be affixed to a permanent foundation; 41 (ii) The ownership interests in the manufactured home and the real 42 property to which the manufactured home is or shall be affixed shall be 43 identical, provided, however, that the owner of the manufactured home, 44 if not the owner of the real property, is in possession of the real 45 property under the terms of a lease in recordable form, and the owner 46 has the written consent of the lessor of the real property; and 47 (iii) Each person having an ownership interest in such home shall 48 execute and record with the recording officer of the county or counties 49 in which the real property is located an affidavit of affixation as 50 provided in section three hundred thirty-nine-oo of this article, and 51 satisfy the other applicable requirements of this article. 52 (b) Upon receipt of the recorded original affidavit of affixation 53 pursuant to section three hundred thirty-nine-qq of this article, any 54 person designated therein for filing with the commissioner of motorA. 8152--A 8 1 vehicles shall file the recorded original affidavit of affixation with 2 the commissioner. 3 (i) In the case where the home is covered by a manufacturer's certif- 4 icate of origin, the recorded original affidavit of affixation and the 5 original manufacturer's certificate of origin shall be filed with the 6 commissioner pursuant to section twenty-one hundred seventeen-a of the 7 vehicle and traffic law. 8 (ii) In the case the home is covered by a certificate of title, the 9 recorded original affidavit of affixation and the original certificate 10 of title shall be filed with the commissioner in accordance with section 11 twenty-one hundred seventeen-b of the vehicle and traffic law. 12 (iii) In the case the home is not covered by a manufacturer's certif- 13 icate of origin or a certificate of title, or where a manufactured home 14 that is covered by a manufacturer's certificate of origin or certificate 15 of title but which the owner or owners, after diligent search and 16 inquiry, are unable to produce, the recorded original affidavit of affi- 17 xation shall be filed with the commissioner in accordance with section 18 twenty-one hundred seventeen-c of the vehicle and traffic law. 19 § 339-oo. Affidavit of affixation. (a) To convey or voluntarily encum- 20 ber a manufactured home, an affidavit of affixation shall contain or be 21 accompanied by: 22 (i) so far as the data exists, the name of the manufacturer, the make, 23 the model name, the model year, the dimensions, and the vehicle iden- 24 tification number or numbers of the manufactured home, and whether it is 25 new or used; 26 (ii)(A) a statement that the party executing the affidavit is the 27 owner of the real property described therein or, (B) if not the owner of 28 the real property, (1) a statement that the party executing the affida- 29 vit is in possession of the real property pursuant to the terms of a 30 lease in recordable form, and (2) the consent of the lessor of the real 31 property shall be endorsed upon or attached to the affidavit and be 32 acknowledged or proved in the manner as to entitle a conveyance to be 33 recorded; 34 (iii) the street address and the legal description of the real proper- 35 ty upon which the manufactured home is or will be affixed to a permanent 36 foundation; 37 (iv) as applicable, (A) if the manufactured home is not covered by a 38 certificate of title, a statement by the owner or owners to that effect 39 a statement that, the owner of the manufactured home shall surrender the 40 original manufacturer's certificate of origin to the commissioner of 41 motor vehicles; 42 (B) if the manufactured home is covered by a certificate of title, a 43 statement by the owner of the manufactured home that the manufactured 44 home is covered by a certificate of title, and that the owner or owners 45 of the manufactured home shall surrender the original certificate of 46 title to the commissioner of motor vehicles; 47 (C) if the manufactured home is covered by neither a manufacturer's 48 certificate of origin nor a certificate of title, a statement by the 49 owner of the manufactured home to that effect; 50 (v) a statement that the manufactured home is or shall be affixed to a 51 permanent foundation to the real property; 52 (vi) the name and address of the person designated for filing the 53 recorded original affidavit of affixation with the commissioner of motor 54 vehicles, to whom the recording officer shall return the affidavit of 55 affixation after it has been duly recorded in the real property records, 56 as provided in this section.A. 8152--A 9 1 (b) The affidavit of affixation shall be in the form set forth in 2 subdivision (c) of this section, duly acknowledged or proved in like 3 manner as to entitle a conveyance to be recorded and when so acknowl- 4 edged or proved, upon payment of the lawful fees therefor, the recording 5 officer shall immediately cause the affidavit of affixation and any 6 attachments thereto, to be duly recorded and indexed in the record of 7 deeds. 8 (c) An affidavit of affixation shall be in substantially the form set 9 forth below: 10 ______________________, 20____ 11 Date ______________________________ 12 Place of Recording 13 Record & Return by [] Mail [] Pickup to: ______________________________ 14 Name ______________________________ 15 Address 1 ______________________________ 16 Address 2 17 MANUFACTURED HOME AFFIDAVIT OF AFFIXATION 18 Homeowner, being duly sworn, on his or her oath, states as follows: 19 1. Homeowner owns the manufactured home ("Home") described as follows: ________________________________________________________________________ 20 New/Used Year Manufacturer's Name Model Name or Model No. ________________________________________________________________________ 21 Manufacturer's Serial No. Length / Width 22 2. The Home is or will be located at the following "Property Address": ________________________________________________________________________ 23 Street or Route City County State Zip Code 24 3. The legal description of the Property Address ("Land") is: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 25 4. The Homeowner is the owner of the Land or, if not the owner of the 26 Land, is in possession of the real property pursuant to a lease in 27 recordable form, and the consent of the lessor is attached to this 28 Affidavit. 29 5. The Home is, or shall be promptly upon delivery, anchored to the Land 30 by attachment to a permanent foundation and connected to appropriate 31 residential utilities (e.g., water, gas, electricity, sewer). 32 6. Homeowner intends that the Home be an immovable fixture and a 33 permanent improvement to the Land.A. 8152--A 10 1 7. The Home shall be assessed and taxed as an improvement to the Land. 2 8. Homeowner shall initial only one of the following, as it applies to 3 title to the Home. 4 [_] The Home is not covered by a certificate of title. A copy of the 5 manufacturer's certificate of origin, duly endorsed to the Homeowner, 6 is attached to this Affidavit. The Homeowner shall surrender the 7 original manufacturer's certificate of origin. 8 [_] The Home is not covered by a certificate of title. After diligent 9 search and inquiry, the Homeowner is unable to produce the original 10 manufacturer's certificate of origin. 11 [_] The Home is covered by a certificate of title. A copy of the 12 certificate of title is attached to this Affidavit. The Homeowner 13 shall surrender the original certificate of title. 14 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my 15 presence and in the presence of the undersigned witnesses on this 16 ________ day of _________, _____. 17 (Seal) (Seal) 18 Homeowner #1 Witness 19 Printed Name Printed Name 20 (Seal) (Seal) 21 Homeowner #2 Witness 22 Printed Name Printed Name 23 STATE OF ) 24 ) ss.: 25 COUNTY OF ) 26 On the _____________ day of _______________ in the year _____ 27 before me, the undersigned, a Notary Public in and for said State, 28 personally appeared 29 _______________________________________________________________________, 30 personally known to me or proved to me on the basis of satisfactory 31 evidence to be the individual(s) whose name(s) is(are) subscribed to the 32 within instrument and acknowledged to me that he/she/they executed the 33 same in his/her/their capacity(ies), and that by his/her/their 34 signature(s) on the instrument, the individual(s), or the person on 35 behalf of which the individual(s) acted, executed the instrument. ______________________________ 36 Notary Signature ______________________________ 37 Notary Printed Name 38 Notary Public; State of 39 Qualified in the County of 40 My commission expires:A. 8152--A 11 1 Official Seal: 2 Lender's Statement of Intent: 3 The undersigned ("Lender") intends that the Home be an immovable fixture 4 and a permanent improvement to the Land. 5 _______________________________ 6 Lender 7 By: 8 Authorized Signature 9 STATE OF ) 10 ) ss.: 11 COUNTY OF ) 12 On the ____________ day of ________ in the year ________ before me, the 13 undersigned, a Notary Public in and for said State, personally appeared 14 _______________________________________________________________________, 15 personally known to me or proved to me on the basis of satisfactory 16 evidence to be the individual(s) whose name(s) is(are) subscribed to the 17 within instrument and acknowledged to me that he/she/they executed the 18 same in his/her/their capacity(ies), and that by his/her/their 19 signature(s) on the instrument, the individual(s), or the person on 20 behalf of which the individual(s) acted, executed the instrument. 21 _______________________________ 22 Notary Signature 23 _______________________________ 24 Notary Printed Name 25 Notary Public; State of 26 Qualified in the County of 27 My commission expires: 28 Official Seal: 29 (d) The fee for recording an affidavit of affixation shall be two 30 hundred dollars. 31 (e) No transfer tax shall be due upon the filing of an affidavit of 32 affixation. 33 § 339-pp. Disposition of liens. Neither the act of affixing a manu- 34 factured home to real property, nor the recording of the affidavit of 35 affixation shall impair the rights of any holder of a security interest 36 in a manufactured home perfected as provided in section twenty-one 37 hundred eighteen of the vehicle and traffic law, unless and until the 38 due filing with and acceptance by the commissioner of motor vehicles of 39 an application to surrender the title and a release of any lien as 40 provided in section twenty-one hundred twenty-one of the vehicle and 41 traffic law. Upon the filing of such a release, the security interest 42 created under the vehicle and traffic law terminates. The recording ofA. 8152--A 12 1 an affidavit of affixation does not change the character of the lien 2 noted on a certificate of title, and no mortgage recording tax shall be 3 imposed at the time an affidavit of affixation is recorded or upon any 4 lien upon a manufactured home created under the vehicle and traffic law. 5 § 339-qq. Notice to commissioner of motor vehicles. Upon payment of 6 the fees provided by law and recordation of the affidavit of affixation, 7 the recording officer shall endorse the affidavit as "recorded in land 8 records", setting forth thereon the indexing information for the affida- 9 vit of affixation and the recording officer shall forthwith forward the 10 recorded original affidavit of affixation to the person designated ther- 11 ein for filing with the commissioner of motor vehicles. 12 § 339-rr. Time of conversion. (a) A manufactured home shall be 13 considered real property as provided in section three hundred thirty- 14 nine-ss of this article when an application to surrender a manufactur- 15 er's certificate of origin pursuant to section twenty-one hundred seven- 16 teen-a of the vehicle and traffic law, an application to surrender a 17 certificate of title pursuant to section twenty-one hundred seventeen-b 18 of the vehicle and traffic law, or an application for confirmation of 19 conversion pursuant to section twenty-one hundred seventeen-c of the 20 vehicle and traffic law is delivered to and accepted by the commissioner 21 of motor vehicles. 22 (b) Notwithstanding subdivision (a) of this section, a manufactured 23 home shall be considered real property as provided in section three 24 hundred thirty-nine-ss of this article if an application to surrender a 25 manufacturer's certificate of origin pursuant to section twenty-one 26 hundred seventeen-a of the vehicle and traffic law, an application to 27 surrender a certificate of title pursuant to section twenty-one hundred 28 seventeen-b of the vehicle and traffic law, or an application for 29 confirmation of conversion pursuant to section twenty-one hundred seven- 30 teen-c of the vehicle and traffic law is delivered to the commissioner 31 of motor vehicles within thirty days of recording the related affidavit 32 of affixation with the recording officer in the county in which the real 33 property to which the manufactured home is or shall be affixed and the 34 application is thereafter accepted by the commissioner, the requirements 35 of this section shall be deemed satisfied as of the date the affidavit 36 of affixation is recorded. 37 § 339-ss. Conveyance and encumbrance as real property. Upon satisfac- 38 tion of the conditions provided in section three hundred thirty-nine-nn 39 of this article, any mortgage, lien or security interest which can 40 attach to land, buildings erected thereon or fixtures affixed thereto, 41 shall attach, as of the date of recording in the same manner as real 42 property. Title to such manufactured home shall be transferred by deed 43 or other form of conveyance that is effective to transfer an interest in 44 real property, together with the land to which such structure is 45 affixed. The manufactured home shall be deemed to be real property and 46 shall be governed by the laws of this state applicable to real property. 47 § 339-tt. Manufactured homes that remain personal property. Except as 48 provided in section three hundred thirty-nine-nn, section three hundred 49 thirty-nine-oo, and section three hundred thirty-nine-qq, of this arti- 50 cle, an affidavit of affixation is not necessary or effective to convey 51 or encumber a manufactured home or to change the character of the manu- 52 factured home to real property. 53 § 339-uu. Documents in trust. (a) Manufacturer's certificate of 54 origin. The holder of a manufacturer's certificate of origin to a manu- 55 factured home may deliver it to any person to facilitate conveying or 56 encumbering the home. Any person receiving any such manufacturer'sA. 8152--A 13 1 certificate of origin so delivered holds it in trust for the person 2 delivering it. 3 (b) Certificate of title. The holder of a certificate of title to a 4 manufactured home may deliver it to any person to facilitate conveying 5 or encumbering the home. Any person receiving any such manufacturer's 6 certificate of title so delivered holds it in trust for the person 7 delivering it. 8 (c) Lien release. The holder of a security interest in a manufactured 9 home may deliver lien release documents to any person to facilitate 10 conveying or encumbering the home. Any person receiving any such docu- 11 ments so delivered holds the documents in trust for the lienholder. 12 § 339-vv. Home warranty. A warranty that applies to a manufactured 13 home when it is sold and rights arising from a breach of the warranty 14 are not affected by a subsequent change in the home's classification as 15 real property pursuant to this article. No additional warranty applies 16 to a manufactured home solely because of a subsequent change in the 17 home's classification as real property. 18 § 339-ww. Impairment of rights. Nothing in this section shall impair 19 any rights existing under law prior to the effective date of this 20 section of anyone claiming an interest in a manufactured home. 21 § 9. This act shall take effect one year after it shall have become a 22 law. Effective immediately, the addition, amendment and/or repeal of any 23 rule or regulation necessary for the implementation of this act on its 24 effective date are authorized to be made and completed on or before such 25 effective date.
