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Affidavit of Affixture

This Affidavit of Affixture is made in accordance with the laws of [State].

This document serves to affirm the affixture of a manufactured home to real property.

The affiant, [Affiant's Full Name], residing at [Affiant's Address], hereby states under penalty of perjury that the following information is true and correct:

  1. Manufactured Home Information:
    • Make: [Make of Home]
    • Model: [Model of Home]
    • Year: [Year]
    • VIN: [Vehicle Identification Number]
  2. Property Information:
    • Address of Real Property: [Property Address]
    • Parcel Number: [Parcel Number]
    • Legal Description: [Legal Description of Property]
  3. Details of Affixture:
    • Date of Affixture: [Date]
    • Method of Affixture: [Method Used]
  4. Affiant's Affirmation:
  5. The Affiant declares that the manufactured home is permanently affixed to the real property mentioned above and irrevocably connected to the land.

  6. Signature:
  7. By signing below, the Affiant acknowledges that the information provided in this affidavit is accurate and made in good faith.

    Signature of Affiant: [Affiant's Signature]

    Date: [Date]

Subscribed and sworn to before me this [Day] day of [Month], [Year].

Notary Public Signature: [Notary's Signature]

My commission expires: [Expiration Date]

Documents used along the form

The Affidavit of Affixture is a crucial document used to establish the legal status of a manufactured or mobile home as real property. When filing this affidavit, several other forms and documents may accompany it to ensure compliance with local laws and regulations. Below is a list of commonly used documents that often accompany the Affidavit of Affixture.

  • Certificate of Title: This document serves as proof of ownership for the manufactured or mobile home. It is issued by the state and must be presented to verify that the owner has the legal right to affix the home to real property.
  • Property Deed: The property deed outlines the ownership of the land where the home will be affixed. It includes details about the property, such as its legal description and the names of the current owners.
  • Affidavit Letter of Support for I-751 Form: This document is crucial for conditional residents wishing to attain permanent residency, as it includes personal testimonials from individuals affirming the legitimacy of the marriage. For more details, refer to the Affidavit.
  • Bill of Sale: This document provides evidence of the transaction in which the mobile home was purchased. It details the sale terms and confirms that the buyer has acquired ownership from the seller.
  • Site Plan: A site plan is a drawing that shows the layout of the property, including the location of the home, driveways, and other structures. This helps local authorities assess compliance with zoning and building regulations.
  • Inspection Report: An inspection report may be required to confirm that the home meets local safety and building codes. This report is typically prepared by a licensed inspector and details any necessary repairs or modifications.
  • Affidavit of Ownership: This affidavit is often used to affirm the ownership of the mobile home. It may be required in addition to the Affidavit of Affixture to establish the owner's legal rights clearly.

Understanding these documents and their purposes can facilitate a smoother process when filing an Affidavit of Affixture. Each plays a significant role in ensuring that all legal requirements are met, ultimately protecting the rights of the property owner.

Similar forms

The Affidavit of Affixture form is an important document in real estate, particularly when it comes to establishing the legal status of a manufactured or mobile home. Here are nine other documents that share similarities with the Affidavit of Affixture, along with explanations of how they relate:

  • Title Certificate: This document certifies ownership of a vehicle or property. Like the Affidavit of Affixture, it serves as proof of ownership and can be essential when transferring property rights.
  • Deed: A deed is a legal document that conveys property ownership from one party to another. Both the deed and the Affidavit of Affixture establish legal ownership and rights associated with the property.
  • Bill of Sale: This document is used to transfer ownership of personal property. Similar to the Affidavit of Affixture, it provides evidence of a transaction and the transfer of ownership.
  • Property Tax Records: These records document the ownership and value of a property for tax purposes. Like the Affidavit of Affixture, they are crucial for establishing ownership and may be referenced in property disputes.
  • Lease Agreement: A lease outlines the terms under which one party rents property from another. Both documents can clarify rights and responsibilities regarding property use and ownership.
  • Mortgage Agreement: This document details the terms of a loan secured by real estate. It is similar to the Affidavit of Affixture in that it establishes financial interest in a property and may affect ownership rights.
  • Affidavit of Gift: This document is essential for transferring ownership without a monetary exchange, particularly for vehicles. To learn more about its importance and how to properly fill it out, click here.
  • Warranty Deed: This type of deed guarantees that the seller has clear title to the property. Like the Affidavit of Affixture, it helps protect the buyer's interests in the property.
  • Quitclaim Deed: This document transfers any interest the grantor has in the property without guaranteeing clear title. Both the quitclaim deed and the Affidavit of Affixture can be used to clarify ownership issues.
  • Homeowner’s Association (HOA) Documents: These documents outline the rules and regulations governing a community. Similar to the Affidavit of Affixture, they can impact property rights and responsibilities within a specific area.

Misconceptions

Understanding the Affidavit of Affixture form is crucial for property owners and mobile home buyers. Here are eight common misconceptions about this form, along with clarifications to set the record straight.

  1. It is only for mobile homes.

    While the Affidavit of Affixture is commonly associated with mobile homes, it can apply to other types of structures as well. The key is that the structure must be affixed to real property.

  2. Filing the form guarantees ownership.

    Submitting an Affidavit of Affixture does not automatically confer ownership. It is essential to have the proper title and legal documentation in place.

  3. It is a one-time process.

    Some believe that filing the affidavit is a one-time event. In reality, changes in ownership or property status may require updates or new filings.

  4. It can be filed by anyone.

    Only the property owner or an authorized representative can file this form. Ensure you have the right to submit it on behalf of the property.

  5. It replaces a title.

    The Affidavit of Affixture does not replace the title of the mobile home or structure. It serves as a declaration of the structure’s affixation to the land.

  6. It is not necessary in all states.

    Some people think the affidavit is optional. However, many states require it for legal recognition of a mobile home as real property.

  7. Once filed, it cannot be changed.

    Changes can be made, but they require proper procedures. If circumstances change, it’s important to file an amendment or a new affidavit.

  8. It has no impact on property taxes.

    Filing the Affidavit of Affixture can affect property tax assessments. It may change how the property is taxed, so be aware of local regulations.

By clearing up these misconceptions, individuals can better navigate the process and ensure compliance with local laws regarding property ownership and mobile homes.

Understanding Affidavit of Affixture

  1. What is an Affidavit of Affixture?

    An Affidavit of Affixture is a legal document used to declare that a mobile home or manufactured structure has been permanently affixed to a piece of real estate. This form is essential for establishing the home as a fixture to the land, which can affect ownership rights, taxes, and financing options.

  2. When do I need to file an Affidavit of Affixture?

    You typically need to file this affidavit when you want to convert your mobile home or manufactured home from personal property to real property. This is often necessary when you are selling the property, refinancing, or if local laws require it for tax purposes.

  3. What information is included in the Affidavit of Affixture?

    The affidavit generally includes details such as:

    • The legal description of the property
    • The identification details of the mobile home, including its make, model, and serial number
    • A statement confirming that the home is permanently affixed to the land
    • The signatures of the property owner(s) and a notary public
  4. How do I file an Affidavit of Affixture?

    To file an Affidavit of Affixture, you must complete the form accurately and have it notarized. Afterward, submit it to your local county recorder's office or land records office. Be sure to check for any specific filing requirements or fees associated with your jurisdiction.

  5. Are there any fees associated with filing an Affidavit of Affixture?

    Yes, there may be fees involved when filing an Affidavit of Affixture. These fees can vary by location and can include recording fees charged by the county or state. It’s advisable to contact your local office to get accurate information regarding the costs.

  6. What happens after I file the Affidavit of Affixture?

    Once you file the affidavit, it becomes part of the public record. This action solidifies the status of the mobile home as a fixture to the land. It can affect property taxes and ownership rights, so it’s crucial to keep a copy of the filed document for your records.