Bill Text: NY A07002 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to manufactured homes' certificate of title and the conveyance and encumbrance of manufactured homes as real property.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A07002 Detail]
Download: New_York-2019-A07002-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 4984 A. 7002 2019-2020 Regular Sessions SENATE - ASSEMBLY April 3, 2019 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Housing, Construction and Community Development IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO, JAFFEE -- read once and referred to the Committee on Judiciary AN ACT to amend the executive law, the banking law, the personal proper- ty law, the vehicle and traffic law and the real property law, in relation to manufactured home certificates of title, and the convey- ance and encumbrance of manufactured homes as real property The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 land-home property act". 3 § 2. Subdivision 13 of section 372 of the executive law, as amended by 4 chapter 309 of the laws of 1996, is amended to read as follows: 5 13. ["Mobile home"] "Manufactured home" means a [moveable or portable6unit designed and constructed to be towed on its own chassis, comprised7of frame and wheels, connected to utilities, and designed and8constructed without a permanent foundation for year-round living. A unit9may contain parts that may be folded, collapsed or telescoped when being10towed and expanded later to provide additional cubic capacity as well as11two or more separately towable components designed to be joined into one12integral unit capable of being again separated into the components for13repeated towing. "Mobile home" shall mean units designed to be used14exclusively for residential purposes, excluding travel trailers] manu- 15 factured home as defined in paragraph fifty-three of subsection (a) of 16 section 9-102 of the uniform commercial code. 17 § 3. Subparagraph (ii) of paragraph l of subdivision 5-a of section 18 108 of the banking law, as amended by chapter 322 of the laws of 1993, 19 is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03259-01-9S. 4984 2 A. 7002 1 (ii) "mobile home" or "manufactured home" means a [structure, trans-2portable in one or more sections, which in the traveling mode, is eight3body feet or more in width or forty body feet or more in length, or when4erected on site, is three hundred twenty or more square feet, and which5is built on a permanent chassis and designed to be used as a dwelling6with or without a permanent foundation when connected to required utili-7ties, and includes the plumbing, heating, air-conditioning and elec-8trical systems contained therein] manufactured home as defined in para- 9 graph fifty-three of subsection (a) of section 9-102 of the uniform 10 commercial code. 11 § 4. Clause (ii) of item 1 of subparagraph (c) of paragraph 4 of 12 subdivision 8 of section 235 of the banking law, as amended by chapter 13 322 of the laws of 1993, is amended to read as follows: 14 (ii) "mobile home" or "manufactured home" means a [structure, trans-15portable in one or more sections, which in the traveling mode, is eight16body feet or more in width or forty body feet or more in length, or when17erected on site, is three hundred twenty or more square feet, and which18is built on a permanent chassis and designed to be used as a dwelling19with or without a permanent foundation when connected to required utili-20ties, and includes the plumbing, heating, air-conditioning and elec-21trical systems contained therein] manufactured home as defined in para- 22 graph fifty-three of subsection (a) of section 9-102 of the uniform 23 commercial code. 24 § 5. Clause (ii) of subparagraph 1 of paragraph (d) of subdivision 2 25 of section 380 of the banking law, as amended by chapter 322 of the laws 26 of 1993, is amended to read as follows: 27 (ii) "mobile home" or "manufactured home" means a [structure, trans-28portable in one or more sections, which in the traveling mode, is eight29body feet or more in width or forty body feet or more in length, or when30erected on site, is three hundred twenty or more square feet, and which31is built on a permanent chassis and designed to be used as a dwelling32with or without a permanent foundation when connected to required utili-33ties, and includes the plumbing, heating, air-conditioning and elec-34trical systems contained therein] manufactured home as defined in para- 35 graph fifty-three of subsection (a) of section 9-102 of the uniform 36 commercial code. 37 § 6. Subdivision 2 of section 491 of the banking law, as amended by 38 chapter 322 of the laws of 1993, is amended to read as follows: 39 2. "Motor vehicle" or "vehicle" means any device propelled or drawn by 40 any power other than muscular power, upon or by which any person or 41 property is or may be transported or drawn upon a public highway, road 42 or street. Unless otherwise specified, "motor vehicle" or "vehicle" also 43 means a "mobile home" or "manufactured home". "Mobile home" or "manufac- 44 tured home" means a [structure, transportable in one or more sections,45which in the traveling mode, is eight body feet or more in width or46forty body feet or more in length, or when erected on site, is three47hundred twenty or more square feet, and which is built on a permanent48chassis and designed to be used as a dwelling with or without a perma-49nent foundation when connected to required utilities, and includes the50plumbing, heating, air-conditioning and electrical systems contained51therein] manufactured home as defined in paragraph fifty-three of 52 subsection (a) of section 9-102 of the uniform commercial code. 53 § 7. Subdivision 1 of section 301 of the personal property law, as 54 amended by chapter 322 of the laws of 1993, is amended to read as 55 follows:S. 4984 3 A. 7002 1 1. "Motor vehicle" or "vehicle" means any device propelled or drawn by 2 any power other than muscular power, upon or by which any person or 3 property is or may be transported or drawn upon a public highway, road 4 or street except that it shall not include a "snowmobile" as defined in 5 subdivision three of section 21.05 of the parks, recreation and historic 6 preservation law. "Motor vehicle" or "vehicle" also means a "mobile 7 home" or a "manufactured home". "Mobile home" or "manufactured home" 8 means a [structure, transportable in one or more sections, which in the9traveling mode, is eight body feet or more in width or forty body feet10or more in length, or when erected on site, is three hundred twenty or11more square feet, and which is built on a permanent chassis and designed12to be used as a dwelling with or without a permanent foundation when13connected to required utilities, and includes the plumbing, heating,14air-conditioning and electrical systems contained therein] manufactured 15 home as defined in paragraph fifty-three of subsection (a) of section 16 9-102 of the uniform commercial code. 17 § 8. Section 122-c of the vehicle and traffic law, as added by chapter 18 322 of the laws of 1993, is amended to read as follows: 19 § 122-c. Mobile home or manufactured home. [A structure, transportable20in one or more sections, which in the traveling mode, is eight body feet21or more in width or forty body feet or more in length, or when erected22on site, is three hundred twenty or more square feet, and which is built23on a permanent chassis and designed to be used as a dwelling with or24without a permanent foundation when connected to required utilities, and25includes the plumbing, heating, air-conditioning and electrical systems26contained therein.] The term "mobile home" or "manufactured home" shall 27 have the same meaning as a manufactured home as defined in paragraph 28 fifty-three of subsection (a) of section 9-102 of the uniform commercial 29 code. 30 § 9. Paragraph 19 of subdivision (a) of section 2102 of the vehicle 31 and traffic law, as added by chapter 322 of the laws of 1993, is amended 32 to read as follows: 33 (19) A [mobile home or a] manufactured home, manufactured prior to 34 July first, nineteen hundred ninety-four and designated by the manufac- 35 turer as being a nineteen hundred ninety-four or earlier model year 36 [mobile home or] manufactured home, [and] any [mobile home or] manufac- 37 tured home, manufactured or assembled prior to January first, nineteen 38 hundred ninety-four for which the manufacturer has not designated a 39 model year, and any "factory manufactured home" as defined in subdivi- 40 sion eight of section three hundred seventy-two of the executive law. 41 § 10. Section 2107 of the vehicle and traffic law is amended by adding 42 thirteen new subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), 43 (m), (n), (o) and (p) to read as follows: 44 (d) Except as provided in section twenty-one hundred seventeen-d of 45 this article, the commissioner shall not issue a certificate of title to 46 a manufactured home with respect to which there has been filed an affi- 47 davit of affixation pursuant to paragraph five of subdivision (a) of 48 section twenty-one hundred seventeen-a of this article, paragraph five 49 of subdivision (a) of section twenty-one hundred seventeen-b of this 50 article, and paragraph five of subdivision (a) of section twenty-one 51 hundred seventeen-c of this article. 52 (e) The commissioner shall file, upon receipt, each affidavit of affi- 53 xation that is delivered in accordance with paragraph c of subdivision 54 two of section two hundred ninety-six-a of the real property law, each 55 declaration that is delivered pursuant to paragraph six of subdivision 56 (a) of section twenty-one hundred seventeen-c of this article and eachS. 4984 4 A. 7002 1 affidavit of severance that is delivered in accordance with subdivision 2 nine of section two hundred ninety-six-a of the real property law, when 3 satisfied as to its genuineness and regularity. 4 (f) The commissioner shall maintain a record of each affidavit of 5 affixation he or she files in accordance with subdivision (e) of this 6 section. The record shall state the name of the owner of the manufac- 7 tured home, the county of recordation, the date of recordation, the book 8 and page number of each book of deeds where there has been recorded an 9 affidavit of affixation pursuant to paragraph (c) of subdivision two of 10 section two hundred ninety-six-a of the real property law and this arti- 11 cle, and if applicable, a statement that filed with the affidavit of 12 affixation is a declaration pursuant to paragraph six of subdivision (a) 13 of section twenty-one hundred seventeen-c of this article, and any other 14 data the commissioner prescribes. 15 (g) The commissioner shall file, upon receipt, each application for 16 surrender of the manufacturer's certificate of origin relating to a 17 manufactured home that is delivered in accordance with section twenty- 18 one hundred seventeen-a of this article, when satisfied as to its 19 genuineness and regularity. 20 (h) The commissioner shall maintain a record of each manufactured home 21 manufacturer's certificate of origin that he or she accepts for surren- 22 der as provided in section twenty-one hundred seventeen-a of this arti- 23 cle. The record shall state the name of the owner of the manufactured 24 home, the date the manufacturer's certificate of origin was delivered 25 for surrender, the county of recordation, the date of recordation, and 26 the book and page number of each book of deeds where there has been 27 recorded an affidavit of affixation pursuant to paragraph (c) of subdi- 28 vision two of section two hundred ninety-six-a of the real property law 29 and this article, and any other data the commissioner prescribes. 30 (i) The commissioner shall file, upon receipt, each application for 31 surrender of the certificate of title relating to a manufactured home 32 that is delivered in accordance with section twenty-one hundred seven- 33 teen-b of this article, when satisfied as to its genuineness and regu- 34 larity. 35 (j) The commissioner shall maintain a record of each manufactured home 36 certificate of title that he or she accepts for surrender as provided in 37 section twenty-one hundred seventeen-b of this article. The record shall 38 state the name of the owner of the manufactured home, the date the 39 certificate of title was delivered for surrender, the county of recorda- 40 tion, the date of recordation, the book and page number of each book of 41 deeds where there has been recorded an affidavit of affixation pursuant 42 to paragraph (c) of subdivision two of section two hundred ninety-six-a 43 of the real property law and this article, and any other data the 44 commissioner prescribes. 45 (k) The commissioner shall file, upon receipt, each application for 46 confirmation of conversion relating to a manufactured home that is 47 delivered in accordance with section twenty-one hundred seventeen-c of 48 this article, when satisfied as to its genuineness and regularity. 49 (l) The commissioner shall maintain a record of each application for 50 confirmation of conversion accepted as provided in section twenty-one 51 hundred seventeen-c of this article. The record shall state the name of 52 the owner of the manufactured home, the county of recordation, the date 53 of recordation, the book and page number of each book of deeds where 54 there has been recorded an affidavit of affixation pursuant to paragraph 55 (c) of subdivision two of section two hundred ninety-six-a of the realS. 4984 5 A. 7002 1 property law and this article, and any other data the commissioner 2 prescribes. 3 (m) The commissioner shall file, upon receipt, each application for a 4 new certificate of title relating to a manufactured home that is deliv- 5 ered in accordance with section twenty-one hundred seventeen-d of this 6 article, when satisfied as to its genuineness and regularity. 7 (n) The commissioner shall maintain a record of each affidavit of 8 severance he or she files in accordance with subdivision (m) of this 9 section and section twenty-one hundred seventeen-d of this article. The 10 record shall state the name of the owner of the manufactured home, the 11 county of recordation, the date of recordation, the book and page number 12 of each book of deeds where there has been recorded an affidavit of 13 severance pursuant to subdivision nine of section two hundred ninety- 14 six-a of the real property law, and any other data the commissioner 15 prescribes. 16 (o) Notwithstanding the provisions of any other law, the commissioner 17 shall maintain the records required by this section indefinitely. 18 (p) The commissioner shall establish electronic public access to the 19 records maintained in accordance with subdivisions (f), (h), (j), (l) 20 and (n) of this section. 21 § 11. Subdivision (e) of section 2108 of the vehicle and traffic law, 22 as added by chapter 322 of the laws of 1993, is amended to read as 23 follows: 24 (e) Notwithstanding any other provision of law, a certificate of title 25 to a vehicle which is a [mobile home or a] manufactured home issued by 26 the commissioner is prima facie evidence of the facts appearing on it, 27 notwithstanding the fact that such vehicle, at any time, in any manner, 28 shall have become [attached to realty] affixed in any manner to real 29 property. 30 § 12. The vehicle and traffic law is amended by adding four new 31 sections 2117-a, 2117-b, 2117-c and 2117-d to read as follows: 32 § 2117-a. Surrender of manufacturer's certificate of origin to a manu- 33 factured home. (a) The owner or owners of a manufactured home who 34 possess the manufacturer's certificate of origin to the manufactured 35 home that is affixed to a permanent foundation as provided in subdivi- 36 sion one of section two hundred ninety-six-a of the real property law, 37 or which the owner or owners intend to affix to a permanent foundation, 38 may surrender the manufacturer's certificate of origin to the manufac- 39 tured home to the commissioner by filing with the commissioner an appli- 40 cation for surrender of the manufacturer's certificate of origin 41 containing or accompanied by: 42 (1) the name, residence and mailing address of the owner; 43 (2) a description of the manufactured home including, so far as the 44 following data exists: the name of the manufacturer, the make, the model 45 name, the model year, the dimensions, and the vehicle identification 46 number or numbers of the manufactured home and whether it is new or 47 used, and any other information the commissioner requires; 48 (3) the date of purchase by the owner of the manufactured home, the 49 name and address of the person from whom the home was acquired and the 50 names and addresses of any lienholders in the order of apparent priori- 51 ty; 52 (4) a statement signed by the owner, stating either, (i) any facts or 53 information known to the owner that could reasonably affect the validity 54 of the title of the manufactured home or the existence or non-existence 55 of security interests in or lien on it; or (ii) that no such facts or 56 information are known to the owner;S. 4984 6 A. 7002 1 (5) the recorded original affidavit of affixation as provided by para- 2 graph (c) of subdivision two of section two hundred ninety-six-a of the 3 real property law; 4 (6) the original manufacturer's certificate of origin; 5 (7) the name and mailing address of each person wishing written 6 acknowledgment of surrender from the commissioner; and 7 (8) any other information and documents the commissioner reasonably 8 requires to identify the owner of the manufactured home and to enable 9 him or her to determine whether the owner satisfied the requirements of 10 paragraphs (a), (b) and (c) of subdivision six of section two hundred 11 ninety-six-a of the real property law and the owner is entitled to 12 surrender the manufacturer's certificate of origin and the existence or 13 non-existence of security interests in the manufactured home. 14 (b) When satisfied as to its genuineness and regularity of the surren- 15 der of the manufacturer's certificate of origin to a manufactured home 16 and upon satisfaction of the requirements of subdivision (a) of this 17 section, the commissioner shall cancel the manufacturer's certificate of 18 origin and update his or her records in accordance with the provisions 19 of subdivisions (g) and (h) of section twenty-one hundred seven of this 20 article and provide written acknowledgment of compliance with the 21 provisions of this section to each person identified in paragraph seven 22 of subdivision (a) of this section. 23 (c) Upon satisfaction of the requirements of this section a manufac- 24 tured home shall be conveyed and encumbered as provided in subdivision 25 seven of section two hundred ninety-six-a of the real property law. 26 (d) Upon written request, the commissioner shall provide written 27 acknowledgment of compliance with the provisions of this section. 28 § 2117-b. Surrender of title to a manufactured home. (a) The owner or 29 owners of a manufactured home that is covered by a certificate of title 30 and that is affixed to a permanent foundation as provided in subdivision 31 one of section two hundred ninety-six-a of the real property law, or 32 which the owner or owners intend to affix to a permanent foundation, may 33 surrender the certificate of title to the manufactured home to the 34 commissioner by filing with the commissioner an application for surren- 35 der of title containing or accompanied by: 36 (1) the name, residence and mailing address of the owner; 37 (2) a description of the manufactured home including, so far as the 38 following data exists: the name of the manufacturer, the make, the model 39 name, the model year, the dimensions, and the vehicle identification 40 number or numbers of the manufactured home and whether it is new or used 41 and any other information the commissioner requires; 42 (3) the date of purchase by the owner of the manufactured home, the 43 name and address of the person from whom the home was acquired and the 44 names and addresses of any security interest holders and lienholders in 45 the order of apparent priority; 46 (4) a statement signed by the owner, stating either: (i) any facts or 47 information known to the owner that could reasonably affect the validity 48 of the title of the manufactured home or the existence or non-existence 49 of security interests in or liens on it; or (ii) that no such facts or 50 information are known to the owner; 51 (5) the recorded original affidavit of affixation as provided by para- 52 graph (d) of subdivision two of section two hundred ninety-six-a of the 53 real property law; 54 (6) the name and mailing address of each person wishing written 55 acknowledgement of surrender from the commissioner;S. 4984 7 A. 7002 1 (7) the original certificate of title, which, upon concurrent transfer 2 of title to the manufactured home, may be endorsed by the current owner 3 of record to his or her purchaser; 4 (8) any release of lien required by subdivision (b) of this section; 5 and 6 (9) any other information and documents the commissioner reasonably 7 requires to identify the owner of the manufactured home, to determine 8 whether the owner satisfied the applicable requirements of subdivision 9 six of section two hundred ninety-six-a of the real property law, and to 10 enable him or her to determine whether the owner is entitled to surren- 11 der the certificate of title and the existence or non-existence of secu- 12 rity interests in or liens on the manufactured home. 13 (b) The commissioner shall not accept for surrender a certificate of 14 title to a manufactured home unless and until any liens pursuant to 15 section twenty-one hundred five-a and any security interests pursuant to 16 sections twenty-one hundred seven and twenty-one hundred eighteen of 17 this article have been released. 18 (c) When satisfied as to its genuineness and regularity of the surren- 19 der of a certificate of title to a manufactured home and upon satisfac- 20 tion of the requirements of subdivisions (a) and (b) of this section, 21 the commissioner shall cancel the certificate of title and update his or 22 her records in accordance with the provisions of subdivisions (i) and 23 (j) of section twenty-one hundred seven of this article. The commission- 24 er shall also provide written acknowledgment of compliance with the 25 provisions of this section to each person identified on the application 26 for surrender of a certificate of title under paragraph six of subdivi- 27 sion (a) of this section. 28 (d) Upon satisfaction of the requirements of this section a manufac- 29 tured home shall be conveyed and encumbered as provided for in the 30 provisions of subdivision six and subdivision seven of section two 31 hundred ninety-six-a of the real property law. 32 (e) Upon written request, the commissioner shall provide written 33 acknowledgment of compliance with the provisions of this section. 34 § 2117-c. Confirmation of conversion of a manufactured home. (a) The 35 owner or owners of a manufactured home that is not covered by a certif- 36 icate of title or a manufacturer's certificate of origin, or of a manu- 37 factured home that is covered by a manufacturer's certificate of origin 38 or certificate of title but which the owner or owners, after diligent 39 search and inquiry, are unable to produce, and that is affixed to a 40 permanent foundation, or which the owner intends to affix to a permanent 41 foundation, may satisfy the requirements of paragraph (d) of subdivision 42 two of section two hundred ninety-six-a of the real property law by 43 filing with the commissioner an application for confirmation of conver- 44 sion containing or accompanied by: 45 (1) the name, residence and mailing address of the owner; 46 (2) a description of the manufactured home including, so far as the 47 following data exists: the name of the manufacturer, the make, the model 48 name, the model year, the dimensions, and the vehicle identification 49 number or numbers of the manufactured home and whether it is new or used 50 and any other information the commissioner requires; 51 (3) the date of purchase by the owner of the manufactured home, the 52 name and address of the person from whom the home was acquired and the 53 names and addresses of any security interest holders and lienholders in 54 the order of apparent priority; 55 (4) a statement signed by the owner, stating either: (i) any facts or 56 information known to the owner that could reasonably affect the validityS. 4984 8 A. 7002 1 of the title of the manufactured home or the existence or non-existence 2 of security interests in or liens on it; or (ii) that no such facts or 3 information are known to the owner; 4 (5) the recorded original of the affidavit of affixation as provided 5 by paragraph (c) of subdivision two of section two hundred ninety-six-a 6 of the real property law; 7 (6) a sworn declaration by an attorney at law, duly admitted to prac- 8 tice in the courts of the state of New York, or an agent of a title 9 insurance company duly licensed to issue policies of title insurance in 10 the state of New York, that the manufactured home is free and clear of 11 or has been released or will be released from all record security inter- 12 ests, liens and encumbrances; and: (i) any facts or information known to 13 him or her that could reasonably affect the validity of the title of the 14 manufactured home or the existence or non-existence of security inter- 15 ests in it; or (ii) that no such facts or information are known to him 16 or her; and 17 (7) the name and mailing address of each person wishing written 18 acknowledgment of confirmation of conversion from the commissioner; and 19 (8) any other information and documents the commissioner reasonably 20 requires to identify the owner of the manufactured home and to determine 21 the owner satisfied the applicable requirements of subdivision six of 22 section two hundred ninety-six-a of the real property law, and the 23 existence or non-existence of security interests in or liens on the 24 manufactured home. 25 (b) When satisfied as to its genuineness and regularity of the confir- 26 mation of conversion of a manufactured home and upon satisfaction of the 27 requirements of subdivision (a) of this section, the commissioner shall 28 update his or her records in accordance with the provisions of subdivi- 29 sions (e), (k) and (l) of section twenty-one hundred seven of this arti- 30 cle. The commissioner shall also provide written acknowledgment of 31 compliance with the provisions of this section to each person identified 32 on the application for confirmation of conversion under paragraph seven 33 of subdivision (a) of this section. 34 (c) Upon satisfaction of the requirements of this section a manufac- 35 tured home shall be conveyed and encumbered as provided in subdivision 36 seven of section two hundred ninety-six-a of the real property law. 37 (d) Upon written request, the commissioner shall provide written 38 acknowledgment of compliance with the provisions of this section. 39 § 2117-d. Application to reinstate certificate of title to a manufac- 40 tured home. (a) Notwithstanding any other provision of law, where a 41 manufactured home has been affixed to a permanent foundation, as 42 provided in subdivision one of section two hundred ninety-six-a of the 43 real property law, and an affidavit of affixation pursuant to paragraph 44 (c) of subdivision two of section two hundred ninety-six-a of the real 45 property law has been recorded as part of the real property records in 46 the county in which the manufactured home is located, and where the 47 manufactured home subsequently is detached or severed from the real 48 property, the owner or owners may apply for a new certificate of title 49 by filing with the commissioner an application to issue a new certif- 50 icate of title to a manufactured home containing or accompanied by: 51 (1) the name, residence and mailing address of the owner; 52 (2) a description of the manufactured home including, so far as the 53 following data exists: the name of the manufacturer, the make, the model 54 name, the model year, the dimensions, and the vehicle identification 55 number or numbers of the manufactured home and whether it is new or 56 used, and any other information the commissioner requires;S. 4984 9 A. 7002 1 (3) a statement signed by the applicant, stating either: (i) any facts 2 or information known to the applicant that could reasonably affect the 3 validity of the title of the manufactured home or the existence or non- 4 existence of security interests in or liens on it; or (ii) that no such 5 facts or information are known to the applicant; 6 (4) the recorded original of the affidavit of severance as provided by 7 subdivision nine of section two hundred ninety six-a of the real proper- 8 ty law; 9 (5) a sworn declaration by an attorney at law, duly admitted to prac- 10 tice in the courts of the state of New York, or an agent of a title 11 insurance company duly licensed to issue policies of title insurance in 12 the state of New York, that the manufactured home is free and clear of 13 all security interests, liens and encumbrances or that all security 14 interests, liens and encumbrances will be released, and: (i) any facts 15 or information known to him or her that could reasonably affect the 16 validity of the title of the manufactured home or the existence or non- 17 existence of any security interests in or lien on it; or (ii) that no 18 such facts or information are known to him or her; and 19 (6) any other information and documents the commissioner reasonably 20 requires to identify the manufactured home and to enable him or her to 21 determine whether the owner is entitled to a certificate of title and 22 the existence or non-existence of security interests in or liens on the 23 manufactured home. 24 (b) When satisfied as to its genuineness and regularity of the appli- 25 cation for a certificate of title to a manufactured home and upon satis- 26 faction of the requirements of subdivision (a) of this section, the 27 commissioner shall issue a new certificate of title and update his or 28 her records in accordance with the provisions of section twenty-one 29 hundred seven of this article. 30 (c) Immediately upon satisfaction of the requirements of this section 31 and thereafter, a manufactured home shall be conveyed and encumbered as 32 personal property as provided in this chapter. 33 § 13. Subdivisions (d) and (e) of section 2118 of the vehicle and 34 traffic law, subdivision (d) as added by chapter 322 of the laws of 1993 35 and subdivision (e) as amended by chapter 84 of the laws of 2001, are 36 amended to read as follows: 37 (d) A security interest noted on a certificate of title to a vehicle 38 which is a [mobile home or a] manufactured home shall have priority over 39 [any other] all subsequent liens or security interests except for those 40 set forth in subdivision (c) of section [two thousand one] twenty-one 41 hundred three of this article. 42 (e) [After] Except as otherwise provided in sections twenty-one 43 hundred seventeen-b and twenty-one hundred twenty-three of this article, 44 and section two hundred ninety-six-a of the real property law, after a 45 certificate of title has been issued [in this state] for a [vehicle46which is a mobile home or a] manufactured home, and as long as the 47 [vehicle which is a mobile home or a] manufactured home is subject to 48 any security interest perfected pursuant to this section, the commis- 49 sioner shall not file an affidavit of affixation, nor revoke the certif- 50 icate of title, nor issue a certificate of title under subdivision (a) 51 of section twenty-one hundred seven of this article, and, in any event, 52 the validity and priority of any security interest perfected pursuant to 53 this section shall continue, notwithstanding the provision of any other 54 law[, including but not limited to section 9--303 and section 9-313 of55the uniform commercial code].S. 4984 10 A. 7002 1 § 14. Section 2123 of the vehicle and traffic law, as amended by chap- 2 ter 322 of the laws of 1993, is amended to read as follows: 3 § 2123. Exclusiveness of procedure. The method provided in this arti- 4 cle of perfecting and giving notice of security interests subject to 5 this article is exclusive. Security interests subject to this article 6 are hereby exempted from the provisions of law which otherwise relate to 7 the perfection of security interests, [including but not limited to8section 9-313 of the uniform commercial code] provided, however, that 9 with respect to a manufactured home that is or will be affixed to a 10 permanent foundation, upon recordation of an affidavit of affixation 11 pursuant to paragraph (c) of subdivision two of section two hundred 12 ninety-six-a of the real property law and satisfaction of the require- 13 ments of section twenty-one hundred seventeen-a, twenty-one hundred 14 seventeen-b or twenty-one hundred seventeen-c of this article, any 15 perfection or termination of a security interest with respect to such 16 manufactured home shall conform to the requirements of article nine of 17 the real property law. 18 § 15. Paragraph 2 of subdivision (a) of section 2124 of the vehicle 19 and traffic law, as added by chapter 322 of the laws of 1993, is amended 20 to read as follows: 21 (2) [Notwithstanding any other provision of law] Except as provided in 22 section twenty-one hundred seventeen-b and subdivision (e) of section 23 twenty-one hundred eighteen of this article, the commissioner shall not 24 suspend or revoke a certificate of title to a [vehicle which is a mobile25home or] manufactured home by reason of the fact that, at any time, in 26 any manner, it shall have become attached to [realty] real property. 27 § 16. The real property law is amended by adding a new section 296-a 28 to read as follows: 29 § 296-a. Conveyance and encumbrance of manufactured homes as real 30 property. 1. Manufactured home; permanently affixed to real property. 31 For purposes of this section, the term "manufactured home" means a 32 "manufactured home" as defined in paragraph fifty-three of subsection 33 (a) of section 9-102 of the uniform commercial code. Notwithstanding the 34 foregoing, for the purposes of 11 USC § 1322(b)(2), a manufactured home 35 shall be deemed to be real property. For purposes of this section, arti- 36 cle forty-six of the vehicle and traffic law, and the uniform commercial 37 code, a manufactured home is "affixed to a permanent foundation" if it 38 is anchored to real property by attachment to a permanent foundation, 39 and connected to a residential utility, such as water, gas, electricity, 40 sewer or septic service. 41 2. Conversion procedure. To convey or voluntarily encumber a manufac- 42 tured home as real property, the following conditions must be met: 43 (a) The manufactured home shall be affixed to a permanent foundation; 44 (b) The ownership interests in the manufactured home and the real 45 property to which the manufactured home is or shall be affixed shall be 46 identical, provided, however, that the owner of the manufactured home, 47 if not the owner of the real property, is in possession of the real 48 property under the terms of a lease in recordable form, and owner has 49 the consent of the lessor of the real property; and 50 (c) Each person having an ownership interest in such home shall 51 execute and record with the recording officer of the county or counties 52 in which the real property is located an affidavit of affixation as 53 provided in subdivision three of this section, and satisfy the other 54 applicable requirements of this section. 55 (d) Upon receipt of the recorded original affidavit of affixation 56 pursuant to subdivision five of this section, any person designatedS. 4984 11 A. 7002 1 therein for filing with the commissioner of motor vehicles shall file 2 the recorded original of affidavit of affixation with the commissioner. 3 In the case where the home is covered by a manufacturer's certificate of 4 origin, the recorded original affidavit of affixation and the original 5 manufacturer's certificate of title shall be filed with the commissioner 6 pursuant to section twenty-one hundred seventeen-a of the vehicle and 7 traffic law. In the case the home is covered by a certificate of title, 8 the recorded original affidavit of affixation and the original certif- 9 icate of title shall be filed with the commissioner in accordance with 10 section twenty-one hundred seventeen-b of the vehicle and traffic law. 11 In the case the home is not covered by a manufacturer's certificate of 12 origin or a certificate of title, or where a manufactured home that is 13 covered by a manufacturer's certificate of origin or certificate of 14 title but which the owner or owners, after diligent search and inquiry, 15 are unable to produce, the recorded original affidavit of affixation 16 shall be filed with the commissioner in accordance with section twenty- 17 one hundred seventeen-c of the vehicle and traffic law. 18 3. Affidavit of affixation. (a) An affidavit of affixation shall 19 contain or be accompanied by: 20 (i) so far as the data exists, the name of the manufacturer, the make, 21 the model name, the model year, the dimensions, and the vehicle iden- 22 tification number or numbers of the manufactured home, and whether it is 23 new or used; 24 (ii)(A) a statement that the party executing the affidavit is the 25 owner of the real property described therein or, (B) if not the owner of 26 the real property, (1) a statement that the party executing the affida- 27 vit is in possession of the real property pursuant to the terms of a 28 lease in recordable form, and (2) the consent of the lessor of the real 29 property shall be endorsed upon or attached to the affidavit and be 30 acknowledged or proved in the manner as to entitle a conveyance to be 31 recorded; 32 (iii) the street address and the legal description of the real proper- 33 ty upon which the manufactured home is or will be affixed to a permanent 34 foundation; 35 (iv) as applicable, (A) if the manufactured home is not covered by a 36 certificate of title, a statement by the owner or owners to that effect; 37 and 38 (1) a copy of the original manufacturer's certificate of origin for 39 the manufactured home, duly endorsed to the owner or owners of the manu- 40 factured home; a statement that annexed to the affidavit of affixation 41 is a copy of the original manufacturer's certificate of origin for the 42 manufactured home, duly endorsed to the owner of the manufactured home 43 and that the owner of the manufactured home shall surrender the original 44 manufacturer's certificate of origin to the commissioner of motor vehi- 45 cles; or 46 (2) a statement that the owner or owners of the home, after diligent 47 search and inquiry, are unable to produce the original manufacturer's 48 certificate of origin for the manufactured home and that the owner of 49 the manufactured home shall apply to the commissioner of motor vehicles 50 for a confirmation of conversion of the manufactured home; 51 (B) if the manufactured home is covered by a certificate of title, 52 either: 53 (1) a statement by the owner of the manufactured home that the manu- 54 factured home is covered by a certificate of title, the date the title 55 was issued, the title number, a copy of the certificate of title for the 56 manufactured home, naming or duly endorsed to the owner or owners of theS. 4984 12 A. 7002 1 manufactured home; a statement that annexed to the affidavit of affixa- 2 tion is a copy of the certificate of title for the manufactured home, 3 naming or duly endorsed to the owner or owners of the manufactured home; 4 and that the owner or owners of the manufactured home shall surrender 5 the original certificate of title to the commissioner of motor vehicles; 6 or 7 (2) a statement by the owner of the manufactured home, after diligent 8 search and inquiry, is unable to produce the certificate of title for 9 the manufactured home and that the owner of the manufactured home shall 10 apply to the commissioner of motor vehicles for a confirmation of 11 conversion of the manufactured home; or 12 (C) if the manufactured home is covered by neither a manufacturer's 13 certificate of origin nor a certificate of title, a statement by the 14 owner of the manufactured home to that effect and that the owner of the 15 manufactured home shall apply to the commissioner of motor vehicles for 16 a confirmation of conversion; 17 (v) a statement whether or not the manufactured home is subject to one 18 or more security interests or liens, and: 19 (1) if the manufactured home is subject to one or more security inter- 20 ests, the name and address of each party holding a security interest in 21 or lien on the manufactured home, including but not limited to, those 22 shown on any certificate of title issued by the commissioner of motor 23 vehicles, if any, and a statement that the security interest or lien 24 shall be released; or 25 (2) a statement that each security interest in or lien on the manufac- 26 tured home, if any, has been released, together with due proof of each 27 such release, if any; 28 (vi) a statement that the manufactured home is or shall be affixed to 29 a permanent foundation; 30 (vii) the name and address of the person designated for filing the 31 recorded original affidavit of affixation with the commissioner of motor 32 vehicles, to whom the recording officer shall return the affidavit of 33 affixation after it has been duly recorded in the real property records, 34 as provided in this section. 35 (b) The affidavit of affixation shall be in the form set forth in 36 paragraph (c) of this subdivision, duly acknowledged or proved in like 37 manner as to entitle a conveyance to be recorded and when so acknowl- 38 edged or proved, upon payment of the lawful fees therefor, the recording 39 officer shall immediately cause the affidavit of affixation and any 40 attachments thereto, to be duly recorded and indexed in the record of 41 deeds. 42 (c) The affidavit of affixation shall conform to the requirements of 43 this subdivision. An affidavit of affixation shall be in the form set 44 forth below: 45 _______________________, 20____ 46 Date 47 _______________________________ 48 Place of Recording 49 Record & Return by [] Mail [] Pickup to: 50 _______________________________ 51 Name 52 _______________________________ 53 Address 1S. 4984 13 A. 7002 1 _______________________________ 2 Address 2 3 MANUFACTURED HOME AFFIDAVIT OF AFFIXATION 4 Homeowner, being duly sworn, on his or her oath, states as follows: 5 1. Homeowner owns the manufactured home ("Home") described as follows: 6 _________________________________________________________________________ 7 New/Used Year Manufacturer's Name Model Name or Model No. 8 _________________________________________________________________________ 9 Manufacturer's Serial No. Length / Width 10 2. The Home is or will be located at the following "Property Address": 11 _________________________________________________________________________ 12 Street or Route City County State Zip Code 13 3. The legal description of the Property Address ("Land") is: 14 _________________________________________________________________________ 15 _________________________________________________________________________ 16 _________________________________________________________________________ 17 4. The Homeowner is the owner of the Land or, if not the owner of the 18 Land, is in possession of the real property pursuant to a lease in 19 recordable form, and the consent of the lessor is attached to this 20 Affidavit. 21 5. The Home is, or shall be promptly upon delivery, anchored to the Land 22 by attachment to a permanent foundation and connected to appropriate 23 residential utilities (e.g., water, gas, electricity, sewer). 24 6. Homeowner intends that the Home be an immovable fixture and a 25 permanent improvement to the Land. 26 7. The Home shall be assessed and taxed as an improvement to the Land. 27 8. Homeowner shall initial only one of the following, as it applies to 28 title to the Home. 29 [__] The Home is not covered by a certificate of title. A copy of the 30 manufacturer's certificate of origin, duly endorsed to the Homeowner, 31 is attached to this Affidavit. The Homeowner shall surrender the 32 original manufacturer's certificate of origin. 33 [__] The Home is not covered by a certificate of title. After dili- 34 gent search and inquiry, the Homeowner is unable to produce the 35 original manufacturer's certificate of origin. 36 [__] The Home is covered by a certificate of title. A copy of the 37 certificate of title is attached to this Affidavit. The Homeowner 38 shall surrender the original certificate of title.S. 4984 14 A. 7002 1 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my 2 presence and in the presence of the undersigned witnesses on this 3 ___________ day of _______________________, __________. 4 _________________________(Seal) _________________________(Seal) 5 Homeowner #1 Witness 6 _________________________ _________________________ 7 Printed Name Printed Name 8 _________________________(Seal) _________________________(Seal) 9 Homeowner #2 Witness 10 _________________________ _________________________ 11 Printed Name Printed Name 12 STATE OF ___________________ ) 13 ) ss.: 14 COUNTY OF __________________ ) 15 On the _____________ day of _______________ in the year _____ 16 before me, the undersigned, a Notary Public in and for said State, 17 personally appeared 18 _______________________________________________________________________, 19 personally known to me or proved to me on the basis of satisfactory 20 evidence to be the individual(s) whose name(s) is(are) subscribed to the 21 within instrument and acknowledged to me that he/she/they executed the 22 same in his/her/their capacity(ies), and that by his/her/their 23 signature(s) on the instrument, the individual(s), or the person on 24 behalf of which the individual(s) acted, executed the instrument. 25 _______________________________ 26 Notary Signature 27 _______________________________ 28 Notary Printed Name 29 Notary Public; State of _______________ 30 Qualified in the County of ____________ 31 My commission expires: ________________ 32 Official Seal: 33 Lender's Statement of Intent: 34 The undersigned ("Lender") intends that the Home be an immovable fixture 35 and a permanent improvement to the Land. 36 _______________________________ 37 Lender 38 By:____________________________ 39 Authorized SignatureS. 4984 15 A. 7002 1 STATE OF _________________ ) 2 ) ss.: 3 COUNTY OF ________________ ) 4 On the ____________ day of ________ in the year ________ before me, the 5 undersigned, a Notary Public in and for said State, personally appeared 6 _______________________________________________________________________, 7 personally known to me or proved to me on the basis of satisfactory 8 evidence to be the individual(s) whose name(s) is(are) subscribed to the 9 within instrument and acknowledged to me that he/she/they executed the 10 same in his/her/their capacity(ies), and that by his/her/their 11 signature(s) on the instrument, the individual(s), or the person on 12 behalf of which the individual(s) acted, executed the instrument. 13 _______________________________ 14 Notary Signature 15 _______________________________ 16 Notary Printed Name 17 Notary Public; State of _________________ 18 Qualified in the County of ______________ 19 My commission expires: __________________ 20 Official Seal: 21 (d) The fee for recording an affidavit of affixation shall be twenty- 22 five dollars. 23 4. Disposition of liens. Neither the act of affixing a manufactured 24 home to real property, nor the recording of the affidavit of affixation 25 shall impair the rights of any holder of a security interest in a manu- 26 factured home perfected as provided in section twenty-one hundred eigh- 27 teen of the vehicle and traffic law, unless and until the due filing 28 with and acceptance by the commissioner of motor vehicles of an applica- 29 tion to surrender the title and a release of any lien as provided in 30 section twenty-one hundred twenty-one of the vehicle and traffic law. 31 Upon the filing of such a release, the security interest created under 32 the vehicle and traffic law terminates. The recording of an affidavit 33 of affixation does not change the character of the lien noted on a 34 certificate of title, and no mortgage recording tax shall be imposed at 35 the time an affidavit of affixation is recorded or upon any lien upon a 36 manufactured home created under the vehicle and traffic law. 37 5. Notice to commissioner of motor vehicles. Upon payment of the fees 38 provided by law and recordation of the affidavit of affixation or affi- 39 davit of severance, the recording officer shall endorse the affidavit as 40 "recorded in land records", setting forth thereon the indexing informa- 41 tion for the affidavit of affixation or the affidavit of severance and 42 the recording officer shall forthwith forward the recorded original 43 affidavit of affixation or the affidavit of severance to the person 44 designated therein for filing with the commissioner of motor vehicles. 45 6. Time of conversion: A manufactured home shall be deemed to be real 46 property and shall be governed by the laws applicable thereto, upon the 47 occurrence of all of the following events: 48 (a) the manufactured home is affixed to a permanent foundation as 49 provided in subdivision one of this section,S. 4984 16 A. 7002 1 (b) an affidavit of affixation conforming to the requirements of 2 subdivision three of this section has been duly recorded, 3 (c) the recorded original of the affidavit of affixation is delivered 4 to the commissioner of motor vehicles as provided in subdivision five of 5 this section, 6 (d) the requirements of section twenty-one hundred seventeen-a, twen- 7 ty-one hundred seventeen-b, or section twenty-one hundred seventeen-c of 8 the vehicle and traffic law, as applicable, are satisfied. 9 (e) Notwithstanding the provisions of paragraphs (a), (b), (c), and 10 (d) of this subdivision, if an application to surrender a manufacturer's 11 certificate of origin pursuant to section twenty-one hundred seventeen-a 12 of the vehicle and traffic law, an application to surrender a certif- 13 icate of title pursuant to section twenty-one hundred seventeen-b of the 14 vehicle and traffic law, or an application for confirmation of conver- 15 sion pursuant to section twenty-one hundred seventeen-c of the vehicle 16 and traffic law is delivered to the commissioner of motor vehicles with- 17 in thirty days of recording the related affidavit of affixation with the 18 recording officer in the county in which the real property to which the 19 manufactured home is or shall be affixed and the application is there- 20 after accepted by the commissioner, the requirements of this section 21 shall be deemed satisfied as of the date the affidavit of affixation is 22 recorded. 23 7. Conveyance and encumbrance as real property. When a manufactured 24 home is deemed to be real property as provided in subdivision six of 25 this section, any mortgage, lien or security interest which can attach 26 to land, buildings erected thereon or fixtures affixed thereto, shall 27 attach, as of the date of recording in the same manner as real property. 28 Title to such manufactured home shall be transferred by deed or other 29 form of conveyance that is effective to transfer an interest in real 30 property, together with the land to which such structure is affixed. The 31 manufactured home shall be deemed to be real property and shall be 32 governed by the laws of this state applicable to real property. 33 8. Manufactured homes that remain personal property or a fixture. 34 Except as provided in subdivisions three, five, six and seven of this 35 section, an affidavit of affixation is not necessary or effective to 36 convey or encumber a manufactured home or to change the character of the 37 manufactured home to real property. 38 9. Affidavit of severance. (a) If and when a manufactured home for 39 which an affidavit of affixation has been recorded, is detached or 40 severed from the real property where it is affixed, any person having an 41 interest in the real property may record an affidavit of severance in 42 the land records of the county where the affidavit of affixation with 43 respect to the home is recorded. The affidavit of severance shall 44 contain or be accompanied by: 45 (i) the name, residence and mailing address of the owner of the manu- 46 factured home; 47 (ii) a description of the manufactured home including, so far as the 48 following data exists: the name of the manufacturer, the make, the model 49 name, the model year, the dimensions, and the vehicle identification 50 number or numbers of the manufactured home and whether it is new or 51 used; 52 (iii) a statement of book number, page number and date of recordation 53 of the affidavit of affixation; 54 (iv) a statement of either, (A) any facts or information known to the 55 affiant that could reasonably affect the validity of the title of the 56 manufactured home or the existence or non-existence of security inter-S. 4984 17 A. 7002 1 ests in it or liens on it, or (B) that no such facts or information are 2 known to the affiant; 3 (v) a sworn declaration by an attorney-at-law, duly admitted to prac- 4 tice in the courts of the state of New York, or an agent of the title 5 insurance company duly licensed to issue policies of title insurance in 6 the state of New York that the manufactured home is free and clear of 7 all security interests, liens and encumbrances, and (A) any facts or 8 information known to him or her that could reasonably affect the validi- 9 ty of the title of the manufactured home or the existence or non-exis- 10 tence of security interests in or liens on it; or (B) that no such facts 11 or information are known to him or her; and 12 (vi) the name and address of the person designated for recording the 13 affidavit of severance with the commissioner of motor vehicles, to whom 14 the recording officer shall deliver the affidavit of severance after it 15 has been duly recorded in the real property records, as provided in this 16 section. 17 (b) The affidavit of severance shall be in the form set forth in para- 18 graph (c) of this subdivision duly acknowledged or proved in like manner 19 as to entitle a conveyance to be recorded and when so acknowledged or 20 proved, upon payment of the lawful fees therefor, such recording officer 21 shall immediately cause the affidavit and any attachments thereto, to be 22 duly recorded and indexed in the record of deeds. 23 (c) The affidavit of severance shall conform to the requirements of 24 this section. An affidavit of severance shall be in the form set forth 25 below: 26 ______________, 20 _____ FILING INSTRUCTIONS: ______, ________, 27 Date _______ _______. 28 ________________________ 29 Place of Recording 30 Prepared by: Record & Return by [] Mail [] Pickup 31 to: 32 _______________________________ ________________________________ 33 Name Bar No. (if applicable) Name 34 _______________________________ ________________________________ 35 Address 1 Address 1 36 _______________________________ ________________________________ 37 Address 2 Address 2 38 _______________________________ ________________________________ 39 Telephone Number Telephone Number 40 MANUFACTURED HOME AFFIDAVIT OF SEVERANCE 41 STATE OF __________________ ) 42 ) ss.: 43 COUNTY OF __________________ ) 44 BEFORE ME, the undersigned notary public, on this day personally 45 appeared Homeowner(s) known to me to be the person(s) whose name(s) 46 is/are subscribed below (each a "Homeowner"), and who, being by me first 47 duly sworn, did each on his or her oath state as follows:S. 4984 18 A. 7002 1 1. The legal description of the real property from which the manufac- 2 tured home ("Home"), described below, is or will be severed ("Land") 3 is: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 4 2. The Homeowner(s) reside at the following address: 5 ________________________________________________________________________ 6 Street or Route City County State Zip Code 7 Mailing address, if different: 8 ________________________________________________________________________ 9 Street or Route City County State Zip Code 10 3. Homeowner owns the Home described as follows: 11 ________________________________________________________________________ 12 New/Used Manf. Model Name Manf. Length/Width 13 Year Name/Make and Model No. Serial No. 14 4. The Home is or was located at the following "Property Address": 15 ________________________________________________________________________ 16 Street or Route City County State Zip Code 17 5. An Affidavit of Affixation was duly recorded in the land records of 18 _______________________ County on _______________________, with an 19 instrument number of _____________ and/or in the Deed Book in book 20 number _____________ at page number __________. A copy of the 21 recorded Affidavit of Affixation is attached to this Affidavit. 22 6. The Home is subject to the following security interest (each, a 23 "Security interest"): 24 Name of Lienholder: _______________ Name of Lienholder: ________________ 25 Address: __________________________ Address: ___________________________ 26 Original Principal Original Principal 27 Amount Secured: ___________________ Amount Secured: ____________________ 28 7. Other than those disclosed in this Affidavit, (i) the Homeowner is 29 not aware of any facts or information known to him or her that could 30 reasonably affect the validity of the title of the manufactured home 31 or the existence or non-existence of security interests in or liens 32 on it or (ii) that no such facts or information are known to the 33 Homeowner. 34 8. The sworn statement of an attorney at law, duly admitted to practice 35 in the courts of the state of New York, or an agent of a title insur- 36 ance company duly licensed to issue policies of title insurance in 37 the state of New York is attached ("Severance Certification"). TheS. 4984 19 A. 7002 1 Severance Certification states that the manufactured home is free and 2 clear of all security interests, liens and encumbrances or all secu- 3 rity interests, liens and encumbrances will be released, and (A) any 4 facts or information known to him that could reasonably affect the 5 validity of the title of the manufactured home or the existence or 6 non-existence of security interests in or liens on it; or (B) that no 7 such facts or information are known to him. 8 9. The Homeowner designates the following person to file the recorded 9 copy of this Manufactured Home Affidavit of Severance with the 10 Department of Motor Vehicles. After recording of this Affidavit, the 11 county clerk court shall return the recorded copy to this designated 12 person: 13 Name: ___________________________ 14 Address: ____________________________________ 15 10. This Affidavit is executed by Homeowner(s) pursuant to applicable 16 state law. 17 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my pres- 18 ence on this __________ day of __________________, _________. 19 ________________________________(SEAL) 20 Homeowner #1 21 ________________________________ 22 Printed Name 23 ________________________________(SEAL) 24 Homeowner #2 25 ________________________________ 26 Printed Name 27 STATE OF _______________ ) 28 ) ss.: 29 COUNTY OF _______________) 30 On the ________ day of _________________ in the year _______ before 31 me, the undersigned, a Notary Public in and for said State, personally 32 appeared 33 ___________________________________________________________________, 34 personally known to me or proved to me on the basis of satisfactory 35 evidence to be the individual(s) whose name(s) is(are) subscribed to the 36 within instrument and acknowledged to me that he/she/they executed the 37 same in his/her/their capacity(ies), and that by his/her/their 38 signature(s) on the instrument, the individual(s), or the person on 39 behalf of which the individual(s) acted, executed the instrument.S. 4984 20 A. 7002 1 ___________________________________________ 2 Notary Signature 3 ___________________________________________ 4 Notary Printed Name 5 Notary Public; State of ___________________ 6 Qualified in the County of ________________ 7 My commission expires: ___________________ 8 Official Seal: 9 (d) The fee for recording an affidavit of severance shall be twenty- 10 five dollars. 11 (e) Upon receipt from the recording officer of the affidavit of sever- 12 ance by the person presenting the affidavit for recording, such person 13 shall forthwith deliver for filing to the commissioner of motor vehicles 14 the affidavit of severance and other documents provided in this subdivi- 15 sion. 16 10. Documents in trust. (a) The holder of a manufacturer's certif- 17 icate of origin to a manufactured home may deliver it to any person to 18 facilitate conveying or encumbering the home. Any person receiving any 19 such manufacturer's certificate of origin so delivered holds it in trust 20 for the person delivering it. 21 (b) The holder of a certificate of title to a manufactured home may 22 deliver it to any person to facilitate conveying or encumbering the 23 home. Any person receiving any such manufacturer's certificate of origin 24 so delivered holds it in trust for the person delivering it. 25 (c) The holder of a security interest in a manufactured home may 26 deliver lien release documents to any person to facilitate conveying or 27 encumbering the home. Any person receiving any such documents so deliv- 28 ered holds the documents in trust for the lienholder. 29 11. Impairment of rights. Nothing in this section shall impair any 30 rights existing under law prior to the effective date of this section of 31 anyone claiming an interest in a manufactured home. 32 § 17. Regulations. The commissioner of motor vehicles is hereby 33 authorized and directed to promulgate rules and regulations necessary 34 for the implementation of this act. 35 § 18. This act shall take effect January 1, 2021. Effective imme- 36 diately, the addition, amendment and/or repeal of any rule or regulation 37 necessary for the implementation of this act on its effective date are 38 authorized to be made and completed on or before such effective date.
