Definition and Meaning of Affidavit of Affixation
An affidavit of affixation is a legal document that serves to convert a manufactured or mobile home from personal property to real property. This transformation occurs when the home is permanently attached to a piece of land, thereby making it part of the real estate. The affidavit requires the homeowner to surrender the separate title of the manufactured home, which is then replaced by a single, combined title for both the land and the home. This process is essential for homeowners who wish to simplify property taxes, enhance financing options, and ensure legal protections similar to those of traditional homes.
How to Use the Affidavit of Affixation
The affidavit of affixation is utilized primarily when a manufactured home is permanently installed on a foundation. The following steps outline its use:
- Permanently Install the Home: The manufactured home must be physically affixed to a foundation on the owner’s land.
- Gather Required Documentation: Collect all relevant documents, including the original title or Manufacturer's Certificate of Origin.
- Complete the Affidavit: Fill out the affidavit with details about the home, the property, and the affixation.
- Surrender Title: Submit the home’s certificate of title to the appropriate state or county authority.
- Record the Affidavit: Ensure the completed affidavit and surrendered title information are recorded in the county's land records.
How to Obtain the Affidavit of Affixation
Obtaining an affidavit of affixation typically involves contacting local government offices, such as the county clerk or recorder's office. Homeowners can also check with state agencies that handle property records. The form may be available online or in-person, depending on the jurisdiction. It is important to ensure that the correct version of the affidavit is used, as some states may have specific requirements or variations.
Steps to Complete the Affidavit of Affixation
Completing the affidavit of affixation involves several key steps:
- Identify Property Information: Include the legal description of the property and the manufactured home’s details.
- Provide Owner Information: Fill in the owner's name, address, and contact information.
- Detail the Affixation: Describe how the home is affixed to the land, including any foundation details.
- Sign and Notarize: The affidavit must be signed by the homeowner and notarized to ensure its legal validity.
Why You Should Use the Affidavit of Affixation
Using an affidavit of affixation offers several advantages for homeowners:
- Tax Simplification: Homeowners benefit from receiving a single property tax bill for both the land and the home.
- Easier Financing: Lenders are more inclined to provide financing for homes classified as real property.
- Legal Protections: Converting to real property provides protections against foreclosure similar to those for traditional homes.
- Simplified Transactions: Selling or refinancing becomes easier when the home is no longer treated as separate personal property.
Who Typically Uses the Affidavit of Affixation
The affidavit of affixation is commonly used by homeowners of manufactured or mobile homes who wish to establish their property as real estate. This includes individuals who have permanently installed their homes on owned land, as well as real estate professionals and lenders involved in financing such properties. Additionally, legal representatives may assist clients in preparing and filing the affidavit to ensure compliance with state regulations.
Key Elements of the Affidavit of Affixation
Several key elements must be included in the affidavit of affixation to ensure its validity:
- Identification of the Property: The legal description of the land and the manufactured home must be clearly stated.
- Owner Information: The name and contact details of the homeowner should be accurate and up-to-date.
- Affixation Details: A detailed description of how the home is affixed to the land is crucial.
- Signatures: The affidavit must be signed by the homeowner and notarized to confirm its authenticity.
State-Specific Rules for the Affidavit of Affixation
Each state in the U.S. may have its own specific rules and requirements regarding the affidavit of affixation. It is essential for homeowners to research their state’s regulations, as some may require additional documentation or specific wording in the affidavit. For example, certain states may have unique forms or filing procedures that differ from others. Consulting with a local attorney or real estate expert can provide clarity on these state-specific nuances.
