Affidavit of Affixture Form

What is the Affidavit of Affixture

The affidavit of affixture is a legal document that establishes the permanent attachment of a manufactured home to real property. This document serves to convert the manufactured home from personal property into real property, which can have significant implications for ownership, taxation, and financing. By filing this affidavit, homeowners can ensure that their manufactured home is recognized legally as part of the real estate, which can simplify transactions and enhance property value.

How to use the Affidavit of Affixture

Using the affidavit of affixture involves several steps to ensure it is completed correctly and legally binding. First, homeowners must gather necessary information, including details about the manufactured home, the property it is affixed to, and any relevant identification numbers. Once the affidavit is filled out, it must be signed in the presence of a notary public. After notarization, the document should be filed with the appropriate local government office, typically the county clerk or recorder's office, to officially record the change in status.

Steps to complete the Affidavit of Affixture

Completing the affidavit of affixture requires careful attention to detail. Here are the essential steps:

• Gather required documents, including the title of the manufactured home and proof of ownership of the land.
• Fill out the affidavit form, ensuring all fields are completed accurately.
• Have the affidavit notarized to verify the authenticity of the signatures.
• Submit the notarized affidavit to the local county clerk or recorder's office for recording.
• Keep a copy of the recorded affidavit for your records.

Legal use of the Affidavit of Affixture

The affidavit of affixture is legally recognized in many states and is essential for homeowners who wish to convert their manufactured homes into real property. This legal document provides proof of the attachment of the home to the land, which can affect property taxes, zoning regulations, and eligibility for certain types of financing. It is crucial to understand state-specific laws regarding the use of this affidavit, as requirements and processes may vary.

State-specific rules for the Affidavit of Affixture

Each state in the U.S. may have different regulations regarding the affidavit of affixture. For example, in Texas, the affidavit must be filed with the county clerk's office and must include specific information about the manufactured home and the property. In Michigan, the affidavit must be accompanied by a statement from the local tax assessor. Homeowners should consult their state's guidelines to ensure compliance with all local requirements when filing this document.

Key elements of the Affidavit of Affixture

When preparing the affidavit of affixture, certain key elements must be included to ensure its validity. These elements typically include:

• The names and addresses of the property owner and the manufactured home owner.
• A description of the manufactured home, including its make, model, and serial number.
• A legal description of the property to which the home is affixed.
• Signatures of the parties involved, along with notarization.

How to obtain the Affidavit of Affixture

Obtaining the affidavit of affixture is generally straightforward. Homeowners can often find the necessary form on their state or local government websites, particularly those of the county clerk or assessor's office. In some states, the form may also be available at local libraries or legal aid offices. It is important to use the correct version of the affidavit that complies with state regulations to avoid any legal issues.