§ 344-C — Affidavit of affixation

New York § 344-C

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9-E: Conveyance and Encumbrance of Manufactured Homes As Real Property

Text

* § 344-c. Affidavit of affixation. (a) To convey or voluntarily\nencumber a manufactured home, an affidavit of affixation shall contain\nor be accompanied by:\n (i) so far as the data exists, the name of the manufacturer, the make,\nthe model name, the model year, the dimensions, and the vehicle\nidentification number or numbers of the manufactured home, and whether\nit is new or used;\n (ii)(A) a statement that the party executing the affidavit is the\nowner of the real property described therein or, (B) if not the owner of\nthe real property, (1) a statement that the party executing the\naffidavit is in possession of the real property pursuant to the terms of\na lease in recordable form, and (2) the consent of the lessor of the\nreal property shall be endorsed upon or attached to the affidavit and be\nacknowledged or proved in the manner as to entitle a conveyance to be\nrecorded;\n (iii) the street address and the legal description of the real\nproperty upon which the manufactured home is or will be affixed to a\npermanent foundation;\n (iv) a statement that the manufactured home is or shall be affixed to\na permanent foundation to the real property;\n (v) the name and address of the person designated for filing the\nrecorded original affidavit of affixation with the commissioner of motor\nvehicles, to whom the recording officer shall return the affidavit of\naffixation after it has been duly recorded in the real property records,\nas provided in this section.\n (b) The affidavit of affixation shall be in the form set forth in\nsubdivision (c) of this section, duly sworn and when so sworn, upon\npayment of the lawful fees therefor, the recording officer shall\nimmediately cause the affidavit of affixation and any attachments\nthereto, to be duly recorded and indexed in the record of deeds.\n (c) An affidavit of affixation shall be in substantially the form set\nforth below:\n______________________, 20____\nDate\n______________________________\nPlace of Recording\nRecord & Return by [] Mail [] Pickup to:\n______________________________\nName\n______________________________\nAddress 1\n______________________________\nAddress 2\n MANUFACTURED HOME AFFIDAVIT OF AFFIXATION\nHomeowner, being duly sworn, on their oath, states as follows:\n1. Homeowner owns the manufactured home ("Home") described as follows:\n________________________________________________________________________\nNew/Used Year Manufacturer's Name Model Name or Model No.\n________________________________________________________________________\nManufacturer's Serial No. Length / Width\n2. The Home is or will be located at the following "Property Address":\n________________________________________________________________________\nStreet or Route City County State Zip Code\n3. The legal description of the Property Address ("Land") is:\n________________________________________________________________________\n________________________________________________________________________\n________________________________________________________________________\n4. The Homeowner is the owner of the Land or, if not the owner of the\n Land, is in possession of the real property pursuant to a lease in\n recordable form, and the consent of the lessor is attached to this\n Affidavit.\n5. The Home is, or shall be promptly upon delivery, anchored to the Land\n by attachment to a permanent foundation and connected to appropriate\n residential utilities (e.g., water, gas, electricity, sewer).\n6. Homeowner intends that the Home be an immovable fixture and a\n permanent improvement to the Land, free of any personal property\n security interest.\n7. The Home shall be assessed and taxed as an improvement to the Land.\n IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my\npresence.\n(Seal) ________________________\nHomeowner #1 __________________\nPrinted Name __________________\n(Seal) ________________________\nHomeowner #2 __________________\nPrinted Name\nSTATE OF )\n ) ss.:\nCOUNTY OF )\n Subscribed and sworn to (or affirmed) before me on the\n_____________ day of _______________ in the year _____\n______________________________\nNotary Signature\n______________________________\nNotary Printed Name\nNotary Public; State of\nQualified in the County of\nMy commission expires:\nOfficial Seal:\nLender's Statement of Intent:\nThe undersigned ("Lender") intends that the Home be an immovable fixture\nand a permanent improvement to the Land.\n_______________________________\n Lender\nBy:\n Authorized Signature\nSTATE OF )\n ) ss.:\nCOUNTY OF )\nOn the ____________ day of ________ in the year ________ before me, the\nundersigned, a Notary Public in and for said State, personally appeared\n_______________________________________________________________________,\npersonally known to me or proved to me on the basis of satisfactory\nevidence to be the individual(s) whose name(s) is(are) subscribed to the\nwithin instrument and acknowledged to me that they executed the same in\ntheir capacity(ies), and that by their signature(s) on the instrument,\nthe individual(s), or the person on behalf of which the individual(s)\nacted, executed the instrument.\n_______________________________\nNotary Signature\n_______________________________\nNotary Printed Name\nNotary Public; State of\nQualified in the County of\nMy commission expires:\nOfficial Seal:\n (d) The fee for recording an affidavit of affixation shall be two\nhundred dollars.\n (e) No transfer tax shall be due upon the filing of an affidavit of\naffixation.\n