§ 47-10-27 — Manufactured homes - Affixation to real property - Conveyance or encumbrance as real property

North Dakota § 47-10-27

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-10: Real Property Transfers

Text

encumbrance as real property.
1. For purposes of this section, "manufactured home" means a manufactured home as
defined in section 41-09-02. Notwithstanding this definition, for purposes of 11 U.S.C.
1322(b)(2), a manufactured home is deemed real property. For purposes of this
section, a manufactured home is permanently affixed if the manufactured home is
affixed to real property and connected to residential utilities, such as water, gas,
electricity, or sewer or septic service.
2. To convey or voluntarily encumber a manufactured home as real property, the
following conditions must be met:
a. The manufactured home must be permanently affixed to real property;

b. The ownership interests in the manufactured home and the real property to which
the manufactured home is or will be permanently affixed must 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 that has a term that continues for at least twenty years after
the date of execution and the consent of the lessor of the real property;
c. The person having an ownership interest in the manufactured home shall execute
and record with the recorder of the county in which the real property is located an
affidavit of affixation as provided in subsection 3 and satisfies the other applicable
requirements of this section; and
d. Upon receipt of a recorded copy of the affidavit of affixation under subsection 5, a
person designated in the affidavit for filing with the department of transportation
shall file the recorded copy of the affidavit of affixation with the department of
transportation, except that:
(1) In a circumstance described in item 1 of subparagraph a of paragraph 4 of
subdivision a of subsection 3, the recorded copy of the affidavit of affixation
and the original manufacturer's certificate of origin, each as recorded in the
county in which the real property is located, must be filed with the
department of transportation under subsection 1 of section 39-05-35;
(2) In a circumstance described in item 1 of subparagraph b of paragraph 4 of
subdivision a of subsection 3, the recorded copy of the affidavit of affixation,
as recorded in the county in which the real property is located, and the
original certificate of title must be filed with the department of transportation
under subsection 2 of section 39-05-35; and
(3) In a circumstance described in item 2 of subparagraph a of paragraph 4 of
subdivision a of subsection 3, item 2 of subparagraph b of paragraph 4 of
subdivision a of subsection 3, or paragraph 6 of subdivision a of
subsection 3, the recorded copy of the affidavit of affixation, as recorded in
the county in which the real property is located, and an application for
confirmation of conversion must be filed with the department of
transportation under subsection 3 of section 39-05-35.
3. a. An affidavit of affixation must contain or be accompanied by:
(1) The name of the manufacturer, the make, the model name, the model year,
the dimensions, the manufacturer's serial number of the manufactured
home, and whether the manufactured home is new or used;
(2) (a) A statement that the party executing the affidavit is the owner of the
real property described in the affidavit; 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 under the terms of a lease in recordable form
that has a term that continues for at least twenty years after the
date of execution of the affidavit; and
[2] The consent of the lessor of the real property endorsed upon or
attached to the affidavit and acknowledged or proved in the
manner as to entitle a conveyance to be recorded;
(3) The street address and the legal description of the real property to which the
manufactured home is or will be permanently affixed;
(4) (a) If the manufactured home is not covered by a certificate of title, a
statement by the owner to that effect, and either:
[1] A statement by the owner of the manufactured home that the
manufactured home is covered by a manufacturer's certificate of
origin, the date the manufacturer's certificate of origin was
issued, the manufacturer's serial number, and a statement that
annexed to the affidavit of affixation is the original manufacturer's
certificate of origin for the manufactured home, duly endorsed to
the owner of the manufactured home, and that the owner of the

manufactured home will surrender the manufacturer's certificate
of origin to the department of transportation; or
[2] A statement that the owner of the manufactured home, after
diligent search and inquiry, is unable to produce the original
manufacturer's certificate of origin for the manufactured home
and that the owner of the manufactured home will apply to the
department of transportation for a confirmation of conversion of
the manufactured home; or
(b) If the manufactured home is covered by a certificate of title, either:
[1] A statement by the owner of the manufactured home that the
manufactured home is covered by a certificate of title, the date
the title was issued, the title number, and that the owner of the
manufactured home will surrender the title; or
[2] A statement that the owner of the manufactured home, after
diligent search and inquiry, is unable to produce the certificate of
title for the manufactured home and that the owner of the
manufactured home will apply to the department of transportation
for a confirmation of conversion of the manufactured home;
(5) A statement whether the manufactured home is subject to one or more
security interests or liens and:
(a) If the manufactured home is subject to one or more security interests
or liens, the name and address of each party holding a security
interest in or lien on the manufactured home, including each holder
shown on any certificate of title issued by the department of
transportation, the original principal amount secured by each security
interest or lien, and a statement that the security interest or lien will be
released; or
(b) A statement that each security interest in or lien on the manufactured
home, if any, has been released, together with due proof of each
release;
(6) If the manufactured home is not covered by a manufacturer's certificate of
origin or a certificate of title, a statement by the owner of the manufactured
home to that effect and that the owner of the manufactured home will apply
to the department of transportation for a confirmation of conversion of the
manufactured home;
(7) A statement that the manufactured home is or will be permanently affixed to
the real property;
(8) If the party executing the affidavit acquired the manufactured home before
the affixation of the manufactured home to the real property, that party shall
complete the statement required by subsection 2 of section 11-18-02.2; and
(9) The name and address of a person designated for filing the recorded copy
of the affidavit of affixation with the department of transportation to whom
the recorder shall return the recorded copy of the affidavit of affixation after
the affidavit has been duly recorded in the real property records as provided
in subsection 5.
b. An affidavit of affixation must be duly acknowledged or proved in like manner as
to entitle a conveyance to be recorded, and when so acknowledged or proved
and upon payment of the lawful recording fees, the recorder shall immediately
cause the affidavit of affixation and any attachments to the affidavit to be duly
recorded and indexed under chapter 47-19.
c. The affidavit of affixation must be accompanied by an applicable fee for recording
and issuing a recorded copy of the affidavit.
4. The act of permanently affixing a manufactured home to real property or the recording
of the affidavit of affixation does not impair the rights of a holder of a security interest in
or lien on a manufactured home perfected as provided in section 35-01-05.1, unless
and until the due filing with and acceptance by the department of transportation of an

application to surrender the title as provided in subsection 1 of section 39-05-35 and
the release of the security interest or lien as provided in section 39-05-16.1. Upon the
filing of a release, the security interest or lien perfected under section 35-01-05.1 is
terminated.
5. The affidavit of affixation must be presented for recording pursuant to chapter 47-19,
together with the fees provided by law. Upon receipt from the recorder of a copy of the
recorded affidavit of affixation by the person presenting the affidavit for recording, that
person shall deliver for filing to the department of transportation the copy of the
affidavit of affixation and the other documents as provided in subdivision d of
subsection 2.
6. A manufactured home is deemed to be real property when all of the following events
have occurred:
a. The home is permanently affixed to land as provided in subsection 1;
b. An affidavit of affixation conforming to the requirements of subsection 3 has been
recorded in the conveyance records in the office of the recorder in the county
where the manufactured home is permanently affixed;
c. A copy of the recorded affidavit of affixation has been delivered for filing to the
department of transportation as provided in subsection 5; and
d. The requirements of subsections 1 through 3 of section 39-05-35, as applicable,
have been satisfied.
7. Upon the satisfaction of the requirements of subsection 6, the manufactured home is
deemed to be real property; any mortgage, deed of trust, lien, or security interest that
can attach to land, buildings erected on the land, or fixtures affixed to the land attach
as of the date of its recording in the same manner as if the manufactured home were
built from ordinary building materials onsite. Title to the manufactured home must 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 the structure has been affixed. The
manufactured home is deemed to be real property and is governed by the laws
applicable to real property and the department of transportation has no further
authority or jurisdiction over the conveyance or encumbrance of the manufactured
home.
8. Except as provided in subsections 2, 3, 5, 6, and 7, an affidavit of affixation is not
necessary or effective to convey or encumber a manufactured home or to change the
character of the manufactured home to real property. An agreement by a party to the
transaction by which the requirements of this subsection are waived is void as contrary
to public policy.
9. Nothing in this section impairs any rights existing under law before July 1, 2009, of
anyone claiming an interest in a manufactured home.