Definition & Meaning of the Tennessee Mobile Home Affixation Affidavit
A Tennessee Mobile Home Affixation Affidavit is a legal document that serves to declare a manufactured home as permanently affixed to a parcel of land. This transformation changes the home’s classification from personal property, akin to a vehicle, to real estate. By completing this affidavit, homeowners can ensure their mobile home is taxed and treated like a traditional house. This process allows the owner to surrender the title of the home for cancellation, which simplifies future transactions involving the property.
The affidavit is governed by Tennessee law, specifically T.C.A. § 55-3-128. This statute outlines the requirements and implications of affixing a mobile home to land, ensuring that both the home and the land share the same owner and legal description. This legal alignment is crucial for mortgage simplification and helps avoid complications such as repossession.
How to Use the Tennessee Mobile Home Affixation Affidavit
Using the Tennessee Mobile Home Affixation Affidavit involves several steps that ensure legal compliance and proper documentation. The affidavit must be filled out accurately and filed with the county's Register of Deeds. Homeowners typically use this form when they want to establish their mobile home as part of their real estate holdings.
To effectively use the affidavit, follow these key steps:
- Gather necessary information: Collect details about the mobile home, including its identification number, location, and the land it is affixed to.
- Complete the affidavit: Fill out the form with accurate information, ensuring that all required fields are addressed.
- Notarization: The affidavit must be signed in the presence of a notary public to validate the document.
- File with the Register of Deeds: Submit the notarized affidavit to the appropriate county office to officially record the affixation.
How to Obtain the Tennessee Mobile Home Affixation Affidavit
Obtaining the Tennessee Mobile Home Affixation Affidavit is a straightforward process. Homeowners can acquire the form through several channels:
- County Register of Deeds: Visit the local Register of Deeds office to request a copy of the affidavit form.
- Online Resources: Some counties may provide downloadable forms on their official websites, making it easy for homeowners to access the document.
- Legal Assistance: Consulting with a real estate attorney can also be beneficial, especially for those unfamiliar with legal documentation.
Steps to Complete the Tennessee Mobile Home Affixation Affidavit
Completing the Tennessee Mobile Home Affixation Affidavit requires careful attention to detail. Follow these steps to ensure accuracy:
- Input Owner Information: Begin by entering the full name and address of the mobile home owner.
- Provide Property Details: Include the legal description of the land and the identification number of the mobile home.
- Affixation Declaration: Clearly state that the mobile home is permanently affixed to the land.
- Sign and Notarize: After completing the form, sign it in front of a notary public to authenticate it.
- File the Affidavit: Submit the notarized affidavit to the county Register of Deeds for official recording.
Key Elements of the Tennessee Mobile Home Affixation Affidavit
Understanding the key elements of the Tennessee Mobile Home Affixation Affidavit is essential for proper completion. The affidavit typically includes:
- Owner Information: Name, address, and contact details of the mobile home owner.
- Property Description: Legal description of the land, including parcel number and location.
- Mobile Home Details: Identification number, make, model, and year of the mobile home.
- Affixation Statement: A declaration that the mobile home is permanently affixed to the land.
- Signatures: Signature of the owner and notarization to validate the document.
Legal Use of the Tennessee Mobile Home Affixation Affidavit
The legal use of the Tennessee Mobile Home Affixation Affidavit is critical for homeowners who wish to ensure their mobile home is recognized as real estate. By filing this affidavit, homeowners can:
- Establish Ownership: Legally affirm that the mobile home is part of the real estate, providing clarity in ownership.
- Facilitate Financing: Simplify mortgage processes by aligning the home with the land title.
- Avoid Repossession Issues: Prevent potential repossession complications by clearly defining the home’s status.
Examples of Using the Tennessee Mobile Home Affixation Affidavit
Real-world scenarios illustrate the practical applications of the Tennessee Mobile Home Affixation Affidavit:
- Home Purchase: A buyer purchasing a mobile home on land may need this affidavit to secure a mortgage, demonstrating that the home is part of the property.
- Property Sale: When selling a property that includes a mobile home, the seller can use the affidavit to clarify the legal status of the home to potential buyers.
- Tax Assessment: Homeowners may file the affidavit to ensure their mobile home is assessed and taxed appropriately as real estate.
Who Typically Uses the Tennessee Mobile Home Affixation Affidavit
The Tennessee Mobile Home Affixation Affidavit is commonly used by various individuals and entities, including:
- Homeowners: Individuals who own a mobile home and wish to establish it as part of their real estate.
- Real Estate Agents: Professionals assisting clients in buying or selling properties that include mobile homes.
- Financial Institutions: Lenders requiring documentation to facilitate mortgage approvals for properties with mobile homes.
