STATE OF NEW YORK
________________________________________________________________________
S. 520--A A. 397--A
2015-2016 Regular Sessions
SENATE - ASSEMBLY(Prefiled)
January 7, 2015
___________
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 -- recommitted to the Committee
on Housing, Construction and Community Development in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO -- read once and
referred to the Committee on Judiciary -- recommitted to the Committee
on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, the vehicle and traffic law and the
real property law, in relation to manufactured home certificates of
title, and the conveyance 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. Subdivision 13 of section 372 of the executive law, as
2 amended by chapter 309 of the laws of 1996, is amended to read as
3 follows:
4 13. "Mobile home" or "manufactured home" means a [moveable or portable
5 unit designed and constructed to be towed on its own chassis, comprised
6 of frame and wheels, connected to utilities, and designed and
7 constructed without a permanent foundation for year-round living. A unit
8 may contain parts that may be folded, collapsed or telescoped when being
9 towed and expanded later to provide additional cubic capacity as well as
10 two or more separately towable components designed to be joined into one
11 integral unit capable of being again separated into the components for
12 repeated towing. "Mobile home" shall mean units designed to be used
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02418-02-6
S. 520--A 2 A. 397--A
1 exclusively for residential purposes, excluding travel trailers] manu-
2 factured home as defined in paragraph fifty-three of subsection (a) of
3 section 9-102 of the uniform commercial code but does not include recre-
4 ational vehicles (RVs) including but not limited to motorhomes, travel
5 trailers, fifth-wheel travel trailers, park model RVs, truck campers,
6 and folding camping trailers.
7 § 2. Section 122-c of the vehicle and traffic law, as added by chapter
8 322 of the laws of 1993, is amended to read as follows:
9 § 122-c. Mobile home or manufactured home. A structure, transportable
10 in one or more sections, which in the traveling mode, is eight body feet
11 or more in width or forty body feet or more in length, or when erected
12 on site, is three hundred twenty or more square feet, and which is built
13 on a permanent chassis and designed to be used as a dwelling with or
14 without a permanent foundation when connected to required utilities, and
15 includes the plumbing, heating, air-conditioning and electrical systems
16 contained therein. Notwithstanding the foregoing, for the purposes of
17 11 USC § 1322(b)(2), a manufactured home shall be deemed to be real
18 property.
19 § 3. Paragraph 19 of subdivision (a) of section 2102 of the vehicle
20 and traffic law, as added by chapter 322 of the laws of 1993, is amended
21 to read as follows:
22 (19) A [mobile home or a] manufactured home, manufactured prior to
23 July first, nineteen hundred ninety-four and designated by the manufac-
24 turer as being a nineteen hundred ninety-four or earlier model year
25 [mobile home or] manufactured home, [and] any [mobile home or] manufac-
26 tured home, manufactured or assembled prior to January first, nineteen
27 hundred ninety-four for which the manufacturer has not designated a
28 model year, and any "factory manufactured home" as defined in subdivi-
29 sion eight of section three hundred seventy-two of the executive law.
30 § 4. Section 2107 of the vehicle and traffic law is amended by adding
31 six new subdivisions (d), (e), (f), (g), (h) and (i) to read as follows:
32 (d) The commissioner shall not issue a certificate of title to a manu-
33 factured home with respect to which there has been recorded an affidavit
34 of affixation pursuant to section two hundred ninety-six-a of the real
35 property law.
36 (e) The commissioner shall file, upon receipt, each affidavit of affi-
37 xation or affidavit of severance relating to a manufactured home that is
38 delivered in accordance with section two hundred ninety-six-a of the
39 real property law, when satisfied as to its genuineness and regularity.
40 (f) The commissioner shall maintain a record of all affidavits of
41 affixation he or she files in accordance with subdivision (e) of this
42 section. The record shall state the name of the owner of the manufac-
43 tured home, the county of recordation, the date of recordation, and the
44 book and page number of each book of deeds where there has been recorded
45 an affidavit of affixation pursuant to section two hundred ninety-six-a
46 of the real property law and this article, and any other data the
47 commissioner prescribes.
48 (g) The commissioner shall file, upon receipt, each application for
49 surrender of the certificate of title relating to a manufactured home
50 that is delivered in accordance with section twenty-one hundred seven-
51 teen-a of this article, when satisfied as to its genuineness and regu-
52 larity.
53 (h) The commissioner shall maintain a record of each manufactured home
54 certificate of title that he or she accepts for surrender as provided in
55 section twenty-one hundred seventeen-a of this article. The record shall
56 state the name of the owner of the manufactured home, the date the
S. 520--A 3 A. 397--A
1 certificate of title was accepted for surrender, the county of recorda-
2 tion, the date of recordation, and the book and page number of each book
3 of deeds where there has been recorded an affidavit of affixation pursu-
4 ant to section two hundred ninety-six-a of the real property law and
5 this article, and any other data the commissioner prescribes.
6 (i) The commissioner shall maintain a record of each affidavit of
7 severance he or she files in accordance with subdivision (e) of this
8 section. The record shall state the name of the owner of the manufac-
9 tured home, the county of recordation, the date of recordation, and the
10 book and page number of each book of deeds where there has been recorded
11 an affidavit of severance pursuant to section two hundred ninety-six-a
12 of the real property law, and any other data the commissioner
13 prescribes.
14 § 5. Subdivision (e) of section 2108 of the vehicle and traffic law,
15 as added by chapter 322 of the laws of 1993, is amended to read as
16 follows:
17 (e) Notwithstanding any other provision of law, a certificate of title
18 to a vehicle which is a [mobile home or a] manufactured home issued by
19 the commissioner is prima facie evidence of the facts appearing on it,
20 notwithstanding the fact that such vehicle, at any time, in any manner,
21 shall have become [attached to realty] affixed in any manner to real
22 property.
23 § 6. The vehicle and traffic law is amended by adding two new sections
24 2117-a and 2117-b to read as follows:
25 § 2117-a. Surrender of title to a manufactured home. (a) The owner or
26 owners of a manufactured home that is covered by a certificate of title
27 and that is permanently affixed to real property, or which the owner
28 intends to permanently affix to real property, may surrender the certif-
29 icate of title to the manufactured home to the commissioner by filing
30 with the commissioner an application for surrender of title containing
31 or accompanied by:
32 (1) the name, residence and mailing address of the owner;
33 (2) a description of the manufactured home including, so far as the
34 following data exists; the name of the manufacturer, the make, the model
35 name, the model year, the dimensions, and the vehicle identification
36 number or numbers of the manufactured home and whether it is new or used
37 and any other information the commissioner requires;
38 (3) the date of purchase by applicant of the manufactured home, the
39 name and address of the person from whom the home was acquired and the
40 names and addresses of any lienholders in the order of their apparent
41 priority;
42 (4) a statement signed by the applicant, stating either, (i) any facts
43 or information known to the applicant that could reasonably affect the
44 validity of the title of the manufactured home or the existence or non-
45 existence of security interests in it; or (ii) that no such facts or
46 information are known to the applicant;
47 (5) a certified copy of the affidavit of affixation as provided by
48 section two hundred ninety-six-a of the real property law;
49 (6) the name and mailing address of each person to receive written
50 acknowledgment of surrender from the commissioner; and
51 (7) any other information and documents the commissioner reasonably
52 requires to identify the owner of the manufactured home and to enable
53 him or her to determine whether the owner is entitled to surrender the
54 certificate of title and the existence or non-existence of security
55 interests in the manufactured home.
S. 520--A 4 A. 397--A
1 (b) The commissioner shall not accept for surrender a certificate of
2 title to a manufactured home unless and until any liens pursuant to
3 section twenty-one hundred five-a of this article and any security
4 interests pursuant to sections twenty-one hundred seven and twenty-one
5 hundred eighteen of this article have been released.
6 (c) When satisfied as to the genuineness and regularity of the surren-
7 der of a certificate of title to a manufactured home and upon satisfac-
8 tion of the requirements of subdivisions (a) and (b) of this section,
9 the commissioner shall cancel the certificate of title and update his or
10 her records in accordance with the provisions of subdivisions (g) and
11 (h) of section twenty-one hundred seven of this article.
12 (d) Upon satisfaction of the requirements of this section a manufac-
13 tured home shall be conveyed and encumbered as provided in subdivision
14 seven of section two hundred ninety-six-a of the real property law.
15 (e) Upon written request, the commissioner shall provide written
16 acknowledgment of compliance with the provisions of this section.
17 § 2117-b. Application to reinstate certificate of title to a manufac-
18 tured home. (a) Notwithstanding any other provision of law, where a
19 manufactured home has been permanently affixed to real property, and an
20 affidavit of affixation pursuant to section two hundred ninety-six-a of
21 the real property law has been recorded as part of the real property
22 records in the county in which the manufactured home is located, and
23 where the manufactured home subsequently is detached or severed from the
24 real property, the owner or owners may apply to reinstate the certif-
25 icate of title by filing with the commissioner an application to rein-
26 state the certificate of title to a manufactured home containing or
27 accompanied by:
28 (1) the name, residence and mailing address of the owner;
29 (2) a description of the manufactured home including, so far as the
30 following data exists: the name of the manufacturer, the make, the model
31 name, the model year, the dimensions, and the vehicle identification
32 number or numbers of the manufactured home and whether it is new or
33 used, and any other information the commissioner requires;
34 (3) a statement signed by the applicant, stating either: (i) any facts
35 or information known to the applicant that could reasonably affect the
36 validity of the title of the manufactured home or the existence or non-
37 existence of security interest in it; or (ii) that no such facts or
38 information are known to the applicant;
39 (4) a certified copy of the affidavit of severance as provided by
40 section two hundred ninety-six-a of the real property law;
41 (5) a sworn declaration by an attorney at law, duly admitted to prac-
42 tice in the courts of the state of New York, or an agent of a title
43 insurance company duly licensed to issue policies of title insurance in
44 the state of New York, that the manufactured home is free and clear of
45 all liens and encumbrances, and (i) any facts or information known to
46 him or her that could reasonably affect the validity of the title of the
47 manufactured home or the existence or non-existence of security inter-
48 ests in it; or (ii) that no such facts or information are known to him
49 or her; and
50 (6) any other information and documents the commissioner reasonably
51 requires to identify the manufactured home and to enable him or her to
52 determine whether the owner is entitled to a certificate of title and
53 the existence or non-existence of security interests in the manufactured
54 home.
55 (b) When satisfied as to its genuineness and regularity of the appli-
56 cation to reinstate a certificate of title to a manufactured home and
S. 520--A 5 A. 397--A
1 upon satisfaction of the requirements of subdivision (a) of this
2 section, the commissioner shall issue a new certificate of title pursu-
3 ant to section twenty-one hundred seven of this article and update his
4 or her records in accordance with the provisions of section twenty-one
5 hundred seven of this article.
6 (c) Upon satisfaction of the requirements of this section a manufac-
7 tured home shall be conveyed and encumbered as personal property.
8 § 7. Subdivisions (d) and (e) of section 2118 of the vehicle and traf-
9 fic law, subdivision (d) as added by chapter 322 of the laws of 1993,
10 subdivision (e) as amended by chapter 84 of the laws of 2001, are
11 amended to read as follows:
12 (d) A security interest noted on a certificate of title to a vehicle
13 which is a [mobile home or a] manufactured home shall have priority over
14 [any other] all subsequent liens or security interests except for those
15 set forth in subdivision (c) of section [two thousand one] twenty-one
16 hundred three of this article.
17 (e) [After] Except as otherwise provided in sections twenty-one
18 hundred seventeen-a, twenty-one hundred seventeen-b and twenty-one
19 hundred twenty-three of this article, and section two hundred ninety-
20 six-a of the real property law, after a certificate of title has been
21 issued [in this state] for a [vehicle which is a mobile home or a] manu-
22 factured home, and as long as the [vehicle which is a mobile home or a]
23 manufactured home is subject to any security interest perfected pursuant
24 to this section, the commissioner shall not file an affidavit of affixa-
25 tion, nor revoke the certificate of title, nor issue a certificate of
26 title under subdivision (a) of section twenty-one hundred seven of this
27 article, and, in any event, the validity and priority of any security
28 interest perfected pursuant to this section shall continue, notwith-
29 standing the provision of any other law[, including but not limited to
30 section 9--303 and section 9-313 of the uniform commercial code].
31 § 8. Section 2123 of the vehicle and traffic law, as amended by chap-
32 ter 322 of the laws of 1993, is amended to read as follows:
33 § 2123. Exclusiveness of procedure. The method provided in this arti-
34 cle of perfecting and giving notice of security interests subject to
35 this article is exclusive. Security interests subject to this article
36 are hereby exempted from the provisions of law which otherwise relate to
37 the perfection of security interests, [including but not limited to
38 section 9-313 of the uniform commercial code] provided, however, that
39 with respect to a manufactured home that is or will be permanently
40 affixed to real property, upon recordation of an affidavit of affixation
41 pursuant to section two hundred ninety-six-a of the real property law
42 and satisfaction of the requirements of section twenty-one hundred
43 seventeen-a of this article, any perfection or termination of a security
44 interest with respect to such permanently affixed property shall conform
45 to the requirements of article nine of the real property law.
46 § 9. Paragraph 2 of subdivision (a) of section 2124 of the vehicle and
47 traffic law, as added by chapter 322 of the laws of 1993, is amended to
48 read as follows:
49 (2) [Notwithstanding any other provision of law] Except as provided in
50 section twenty-one hundred seventeen-a of this article, the commissioner
51 shall not suspend or revoke a certificate of title to a [vehicle which
52 is a mobile home or] manufactured home by reason of the fact that, at
53 any time, in any manner, it shall have become attached to [realty] real
54 property.
55 § 10. The real property law is amended by adding a new section 296-a
56 to read as follows:
S. 520--A 6 A. 397--A
1 § 296-a. Conveyance and encumbrance of manufactured homes as real
2 property. 1. Manufactured home; permanently affixed to real property.
3 For purposes of this section, the term "manufactured home" shall have
4 the same meaning as a manufactured home as defined in paragraph fifty-
5 three of subsection (a) of section 9-102 of the uniform commercial code.
6 Notwithstanding the forgoing, for the purposes of 11 USC § 1322(b)(2), a
7 manufactured home shall be deemed to be real property. For purposes of
8 this section, article forty-six of the vehicle and traffic law, and the
9 uniform commercial code, a manufactured home is "permanently affixed" if
10 it is anchored to real property by attachment to a permanent foundation,
11 constructed in accordance with applicable state and local building codes
12 and manufacturer's specifications in a manner sufficient to validate any
13 applicable manufacturer's warranty, and connected to a residential util-
14 ity (e.g., water, gas, electricity, sewer).
15 2. Record notice. (a) To convey or voluntarily encumber as real prop-
16 erty, a manufactured home, the following conditions must be met:
17 (i) The manufactured home shall be permanently affixed to real proper-
18 ty; and
19 (ii) Each person having an ownership interest in such home shall
20 execute and record with the recording officer of the county in which the
21 real property is located an affidavit of affixation as provided in
22 subdivision three of this section, and satisfy the applicable require-
23 ments of this section.
24 (b) Upon receipt of the certified copy of the affidavit of affixation
25 pursuant to subdivision five of this section, any person designated
26 therein for filing with the commissioner of motor vehicles shall file
27 the affidavit of affixation with such commissioner; except that in the
28 case where the home is covered by a certificate of title, the certified
29 affidavit of affixation shall be filed with the commissioner of motor
30 vehicles pursuant to section twenty-one hundred seventeen-a of the vehi-
31 cle and traffic law.
32 3. Affidavit of affixation. (a) An affidavit of affixation shall
33 contain or be accompanied by:
34 (i) the name of the manufacturer, the make, the model name, the model
35 year, the dimensions, and the vehicle identification number or numbers
36 of the manufactured home, and whether it is new or used;
37 (ii)(A) a statement that the party executing the affidavit is the
38 owner of the real property described therein or, (B) if not the owner of
39 the real property, (1) a statement that the party executing the affida-
40 vit is in possession of the real property pursuant to the terms of a
41 lease in recordable form, and (2) the consent of the lessor of the real
42 property shall be endorsed upon or attached to the affidavit and be
43 acknowledged or proved in the manner as to entitle a conveyance to be
44 recorded;
45 (iii) the street address and the legal description of the real proper-
46 ty upon which the manufactured home is or will be permanently affixed;
47 (iv) as applicable, (A) if the manufactured home is not covered by a
48 certificate of title, a statement by the owner or owners to that effect;
49 and
50 (1) the original manufacturer's certificate of origin for the manufac-
51 tured home, duly endorsed to the owner of the manufactured home; a
52 statement that annexed to the affidavit of affixation is the original
53 manufacturer's certificate of origin for the manufactured home, duly
54 endorsed to the owner of the manufactured home; or
S. 520--A 7 A. 397--A
1 (2) a statement that the owner or owners of the home, after diligent
2 search and inquiry, are unable to produce the original manufacturer's
3 certificate of origin for the manufactured home;
4 (B) if the manufactured home is covered by a certificate of title, a
5 statement by the owner or owners of the manufactured home that the manu-
6 factured home is covered by a certificate of title, the date the title
7 was issued, the title number, and that the owner or owners of the manu-
8 factured home shall surrender the title; and
9 (C) a statement whether or not the manufactured home is subject to one
10 or more security interests; and
11 (1) if the manufactured home is subject to one or more security inter-
12 est, the name and address of each party holding a security interest in
13 the manufactured home, including but not limited to, those shown on any
14 certificate of title issued by the commissioner of motor vehicles, if
15 any, and the original principal amount secured by each security inter-
16 est; and a statement that the security interest shall be released; or
17 (2) a statement that each security interest in the manufactured home,
18 if any, has been released, together with due proof of each such release,
19 if any;
20 (v) a statement that the manufactured home is or shall be permanently
21 affixed to the real property; and
22 (vi) the name and address of the person designated for recording the
23 affidavit of affixation with the commissioner of motor vehicles, to whom
24 the recording officer shall return the affidavit of affixation after it
25 has been duly recorded in the real property records, as provided in this
26 section.
27 (b) The affidavit of affixation shall be in the form set forth in
28 paragraph (c) of this subdivision, duly acknowledged or proved in like
29 manner as to entitle a conveyance to be recorded and when so acknowl-
30 edged or proved, upon payment of the fees therefor, the recording offi-
31 cer shall immediately cause the affidavit of affixation and any attach-
32 ments thereto, to be duly recorded and indexed in the record of deeds.
33 (c) An affidavit of affixation shall conform to the requirements of
34 this subdivision. An affidavit in substantially the following form shall
35 be deemed to be in compliance:
36 Manufactured Home
37 Affidavit of Affixation
38 STATE OF ___________________ )
39 ) ss.:
40 COUNTY OF __________________ )
41 BEFORE ME, the undersigned notary public, on this day personally
42 appeared
43 {type the name(s) of each Homeowner signing this Affidavit}:
44 known to me to be the person(s) whose name(s) is/are subscribed below
45 (each a "Homeowner"), and who, being by me first duly sworn, did each on
46 his or her oath state as follows:
47 1. Homeowner owns the manufactured home ("Home") described as follows:
48 ________________________________________________________________________
49 New/UsedYearManufacturer'sModel NameManufacturer'sLength/Width
S. 520--A 8 A. 397--A
1 Nameand ModelSerial No.
2 No.
3 2. The Home was built in compliance with the federal Manufactured Home
4 Construction and Safety Standards Act.
5 3. If the Homeowner is the first retail buyer of the Home, Homeowner is
6 in receipt of (i) the manufacturer's warranty for the Home, (ii) the
7 Consumer Manual for the Home, (iii) the Insulation Disclosure for
8 the Home, and (iv) the formaldehyde health notice.
9 4. The Home is or will be located at the following "Property Address":
10 ________________________________________________________________________
11 Street or RouteCityCountyStateZip Code
12 5. The legal description of the real property where the Home is or will
13 be permanently affixed ("Land") is:
14 ____________________________________________________________________
15 ____________________________________________________________________
16 ____________________________________________________________________
17 ____________________________________________________________________
18 6. The Homeowner is the owner of the Land or, if not the owner of the
19 land, is in possession of the real property pursuant to a lease in
20 recordable form, and the consent of the lessor is attached to this
21 Affidavit.
22 7. The Home {__} is {__} shall be anchored to the Land by attachment to
23 a permanent foundation, constructed in accordance with applicable
24 state and local building codes and manufacturer's specifications in
25 a manner sufficient to validate any applicable manufacturer's
26 warranty, and connected to a residential utility (e.g., water, gas,
27 electricity, sewer) ("permanently affixed").
28 8. The Home shall be assessed and taxed as an improvement to the Land.
29 9. Homeowner agrees that as of today, or if the Home is not yet located
30 at the Property Address, upon the delivery of the Home to the Prop-
31 erty Address:
32 (a) All permits required by governmental authorities have been
33 obtained;
34 (b) The foundation system for the Home was designed by an engineer
35 to meet the soil conditions of the Property Address. All founda-
36 tions, both perimeter and piers for the Home have footings that
37 are located below the frost line, and will be placed where the
38 Home manufacturer recommends. All foundations are constructed in
39 accordance with applicable state and local building codes, and
40 manufacturer's specifications in a manner sufficient to validate
41 any applicable manufacturer's warranty.
42 (c) The wheels, axles, towbar or hitch were removed when the Home
43 was, or will be, placed on the Property Address;
S. 520--A 9 A. 397--A
1 (d) The Home is (i) permanently affixed to a foundation, (ii) has
2 the characteristics of site-built housing, and (iii) is part of
3 the Land; and
4 (e) The Home is permanently connected to a septic tank or sewage
5 system and other utilities such as electricity, water and
6 natural gas.
7 10. If the Homeowner is the owner of the Land, any conveyance or financ-
8 ing of the Home and the Land shall be a single transaction under
9 applicable state law.
10 11. The Home is subject to the following security interests (each, a
11 "Security interest"):
12 Name of Lienholder: Name of Lienholder:
13 Address: Address:
14 Original Principal Original Principal
15 Amount Secured: Amount Secured:
16 12. Other than those disclosed in this Affidavit, the Homeowner is not
17 aware of (i) any other claim, lien or encumbrance affecting the
18 Home, (ii) any facts or information known to the applicant that
19 could reasonably affect the validity of the title of the manufac-
20 tured home or the existence or non-existence of security interests
21 in it.
22 13. A release of lien from each of the lienholders identified in para-
23 graph 11 of this Affidavit {__} has been {__} shall be delivered to
24 the commissioner of motor vehicles.
25 14. A Homeowner shall initial only one of the following, as it applies
26 to title to the Home:
27 {__} The Home is not covered by a certificate of title. The
28 original manufacturer's certificate of origin, duly endorsed to
29 the homeowner, is attached to this affidavit.
30 {__} The Home is not covered by a certificate of title. After dili-
31 gent search and inquiry, the Homeowner is unable to produce the
32 original manufacturer's certificate of origin.
33 {__} The Home is covered by a certificate of title issued on ______
34 of __________, ______, title number ______, which the Homeowner
35 shall surrender.
36 [__] The Home is covered by a certificate of title. After diligent
37 search and inquiry, the Homeowner is unable to produce the
38 original Certificate of Title.
39 15. The Homeowner designates the following person to record this Manu-
40 factured Home Affixation Affidavit and upon its recording it shall
S. 520--A 10 A. 397--A
1 be returned by the recording officer in the real property records
2 where the home is to be located to same:
3 Name:
4 Address:
5 16. This Affidavit is executed by Homeowner(s) pursuant to applicable
6 state law.
7 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my pres-
8 ence and in the presence of the undersigned witnesses on this __________
9 day of __________, ______.
10 ____________________________ (SEAL) ________________________________
11 Homeowner #1 Witness
12 ____________________________
13 Printed Name
14 ____________________________ (SEAL) ________________________________
15 Homeowner #2 Witness
16 ____________________________
17 Printed Name
18 ____________________________ (SEAL) ________________________________
19 Homeowner #3 Witness
20 ____________________________
21 Printed Name
22 ____________________________ (SEAL) ________________________________
23 Homeowner #4 Witness
24 ____________________________
25 Printed Name
26 STATE OF ___________________ )
27 ) ss.:
28 COUNTY OF __________________ )
29 On the __________ day of __________ in the year ______ before me, the
30 undersigned, a Notary Public in and for said State, personally appeared
31 _______________________________________________________________________,
32 personally known to me or proved to me on the basis of satisfactory
33 evidence to be the individual(s) whose name(s) is (are) subscribed to
34 the within instrument and acknowledged to me that he/she/they executed
35 the same in his/her/their capacity(ies), and that by his/her/their
36 signature(s) on the instrument, the individual(s), or the person on
37 behalf of which the individual(s) acted, executed the instrument.
38 ________________________________________
39 Notary Signature
S. 520--A 11 A. 397--A
1 ________________________________________
2 Notary Printed Name
3 Notary Public; State of ________________
4 Qualified in the County of _____________
5 My commission expires: _________________
6 Official Seal:
7 ATTENTION COUNTY CLERK: This instrument covers fixtures that are or are
8 to be severed from the Property described herein and is to be filed for
9 record in the records where conveyances of real estate are recorded.
10 (d) The fee for recording an affidavit of affixation shall be twenty-
11 five dollars.
12 4. Disposition of liens. Neither the act of permanently affixing a
13 manufactured home to real property, nor the recording of the affidavit
14 of affixation shall impair the rights of any holder of a security inter-
15 est in a manufactured home perfected as provided in section twenty-one
16 hundred eighteen of the vehicle and traffic law, unless and until the
17 due filing with and acceptance by the commissioner of motor vehicles of
18 an application to surrender the title and a release of any lien as
19 provided in section twenty-one hundred twenty-one of the vehicle and
20 traffic law. Upon the filing of such a release, the security interest
21 created under the vehicle and traffic law terminates. The recording of
22 an affidavit of affixation does not change the character of the lien
23 noted on a certificate of title, and no mortgage recording tax shall be
24 imposed at the time an affidavit of affixation is recorded upon any lien
25 upon a manufactured home created under the vehicle and traffic law.
26 5. Notice to commissioner of motor vehicles. Upon the payment of the
27 fees provided by law and recordation of the affidavit of affixation or
28 affidavit of severance, the recording officer shall endorse the affida-
29 vit as "recorded in land records", setting forth thereon the indexing
30 information for the affidavit of affixation or the affidavit of sever-
31 ance and the recording officer shall forthwith forward a certified copy
32 of the affidavit of affixation or the affidavit of severance to the
33 person designated therein for filing with the commissioner of motor
34 vehicles.
35 6. Effect of recorded affidavit of affixation. A manufactured home
36 shall be deemed to be permanently affixed to and integrated with the
37 real property, when all of the following events have occurred:
38 (a) an affidavit of affixation conforming to the requirements of
39 subdivision three of this section has been duly recorded;
40 (b) a certified copy of the affidavit of affixation as provided in
41 subdivision five of this section is delivered to the commissioner of
42 motor vehicles; and
43 (c) if the manufactured home is covered by a certificate of title, the
44 requirements of section twenty-one hundred seventeen-a of the vehicle
45 and traffic law are satisfied.
46 7. Conveyance and encumbrance as real property. The provisions of
47 this subdivision shall apply immediately upon the satisfaction of the
48 requirements of subdivision six of this section. A manufactured home
49 shall be deemed to be permanently affixed to the real property, and any
50 mortgage lien or security interest which can attach to land, buildings
51 erected thereon or fixtures affixed thereto, shall attach in the same
52 manner as if the manufactured home was built on site, and title to the
53 manufactured home for which an affidavit of affixation has been recorded
S. 520--A 12 A. 397--A
1 may be transferred by deed or other form of conveyance that is effective
2 to transfer an interest in real property, together with the land to
3 which such structure has been affixed and the manufactured home shall be
4 deemed to be real property and shall be governed by the laws applicable
5 thereto.
6 8. Manufactured homes that remain personal property or a fixture.
7 Except as provided in subdivisions three, five, six and seven of this
8 section, an affidavit of affixation is not necessary or effective to
9 convey or encumber a manufactured home. Every conveyance of land upon
10 which is located a manufactured home which is covered by a certificate
11 of title issued pursuant to article forty-six of the vehicle and traffic
12 law, and for which no affidavit of affixation has been recorded, shall
13 contain a recital that such conveyance does not affect the title to said
14 manufactured home and that the transfer or encumbrance thereof can only
15 be made pursuant to the provisions of the vehicle and traffic law. Any
16 agreement by any party to the transaction whereby the requirements of
17 this subdivision are waived shall be void as contrary to public policy.
18 9. Affidavit of severance. (a) If and when a manufactured home for
19 which an affidavit of affixation has been recorded, is detached or
20 severed from the real property where it is affixed, any person having an
21 interest in the real property may record an affidavit of severance in
22 the land records of the county where the affidavit of affixation with
23 respect to the home is recorded. The affidavit of severance shall
24 contain or be accompanied by:
25 (i) the name, residence and mailing address of the owner of the manu-
26 factured home;
27 (ii) a description of the manufactured home including, so far as the
28 following data exists: the name of the manufacturer, the make, the model
29 name, the model year, the dimensions, and the vehicle identification
30 number or numbers of the manufactured home and whether it is new or
31 used;
32 (iii) a statement of book number, page number and date of recordation
33 of the affidavit of affixation;
34 (iv) a statement of either, (A) any facts or information known to the
35 affiant that could reasonably affect the validity of the title of the
36 manufactured home or the existence or non-existence of security inter-
37 ests in it, or (B) that no such facts or information are known to the
38 affiant;
39 (v) a sworn declaration by an attorney-at-law, duly admitted to prac-
40 tice in the courts of the state of New York, or an agent of the title
41 insurance company duly licensed to issue policies of title insurance in
42 the state of New York that the manufactured home is free and clear of
43 all liens and encumbrances, and (A) any facts or information known to
44 him or her that could reasonably affect the validity of the title of the
45 manufactured home or the existence or non-existence of security inter-
46 ests in it; or (B) that no such facts or information are known to him or
47 her; and
48 (vi) the name and address of the person designated for recording the
49 affidavit of severance with the commissioner of motor vehicles, to whom
50 the recording officer shall deliver the affidavit of severance after it
51 has been duly recorded in the real property records, as provided in this
52 section.
53 (b) The affidavit of severance shall be in the form set forth in para-
54 graph (c) of this subdivision duly acknowledged or proved in like manner
55 as to entitle a conveyance to be recorded and when so acknowledged or
56 proved, upon payment of the lawful fees therefor, such recording officer
S. 520--A 13 A. 397--A
1 shall immediately cause the affidavit and any attachments thereto, to be
2 duly recorded and indexed in the record of deeds.
3 (c) The affidavit of severance shall conform to the requirements of
4 this section. An affidavit of severance in substantially the following
5 form shall be deemed to be in compliance:
6 Manufactured Home
7 Affidavit of Severance
8 STATE OF ___________________ )
9 ) ss.:
10 COUNTY OF __________________ )
11 BEFORE ME, the undersigned notary public, on this day personally
12 appeared
13 ____________________________
14 Homeowner #1
15 ____________________________
16 Homeowner #2
17 ____________________________
18 Homeowner #3
19 ____________________________
20 Homeowner #4
21 {type the name(s) of each Homeowner signing this Affidavit}:
22 known to me to be the person(s) whose name(s) is/are subscribed below
23 (each a "Homeowner"), and who, being by me first duly sworn, did each on
24 his or her oath state as follows:
25 1. The Homeowner(s) reside at the following address:
26 ________________________________________________________________________
27 Street or RouteCityCountyStateZip Code
28 Mailing address, if different:
29 ________________________________________________________________________
30 Street or RouteCityCountyStateZip Code
31 2. Homeowner owns the manufactured home ("Home") described as follows:
32 ________________________________________________________________________
33 New/UsedYearManufacturer'sModel NameManufacturer'sLength/Width
34 Nameand ModelSerial No.
35 No.
36 3. The Home is or was located at the following "Property Address":
37 ________________________________________________________________________
38 Street or RouteCityCountyStateZip Code
S. 520--A 14 A. 397--A
1 4. The legal description of the real property from which the Home is or
2 will be severed ("Land") is:
3 ________________________________________________________________________
4 ________________________________________________________________________
5 ________________________________________________________________________
6 ________________________________________________________________________
7 5. An Affidavit of Affixation was duly recorded in the book of deeds of
8 _____________ County on _____________, in book number ______ at page
9 number ______.
10 6. The Home is subject to the following security interests (each, a
11 "Security interest"):
12 Name of Lienholder: Name of Lienholder:
13 Address: Address:
14 Original Principal Original Principal
15 Amount Secured: Amount Secured:
16 7. Other than those disclosed in this Affidavit, the Homeowner is not
17 aware of (i) any other claim, lien or encumbrance affecting the
18 Home, (ii) any facts or information known to the applicant that
19 could reasonably affect the validity of the title of the manufac-
20 tured home or the existence or non-existence of security interests
21 in it.
22 8. The sworn statement of an attorney at law, duly admitted to practice
23 in the courts of the state of New York, or an agent of a title
24 insurance company duly licensed to issue policies of title insurance
25 in the state of New York is attached ("Severance Certification").
26 The Severance Certification states that the manufactured home is
27 free and clear of all liens and encumbrances, and (A) any facts or
28 information known to him that could reasonably affect the validity
29 of the title of the manufactured home or the existence or non-exis-
30 tence of security interests in it; or (B) that no such facts or
31 information are known to him.
32 9. The Homeowner designates the following person to record this Manu-
33 factured Home Affidavit of Severance and upon its recording it shall
34 be returned by the recording officer in the real property records
35 where the home is to be located to same:
36 Name:
37 Address:
38 10. This Affidavit is executed by Homeowner(s) pursuant to applicable
39 state law.
40 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my pres-
41 ence and in the presence of the undersigned witnesses on this __________
42 day of ____________, ______.
S. 520--A 15 A. 397--A
1 ____________________________ (SEAL) ________________________________
2 Homeowner #1 Witness
3 ____________________________
4 Printed Name
5 ____________________________ (SEAL) ________________________________
6 Homeowner #2 Witness
7 ____________________________
8 Printed Name
9 ____________________________ (SEAL) ________________________________
10 Homeowner #3 Witness
11 ____________________________
12 Printed Name
13 ____________________________ (SEAL) ________________________________
14 Homeowner #4 Witness
15 ____________________________
16 Printed Name
17 STATE OF ___________________ )
18 ) ss.:
19 COUNTY OF __________________ )
20 On the __________ day of __________ in the year ______ before me, the
21 undersigned, a Notary Public in and for said State, personally appeared
22 _______________________________________________________________________,
23 personally known to me or proved to me on the basis of satisfactory
24 evidence to be the individual(s) whose name(s) is(are) subscribed to the
25 within instrument and acknowledged to me that he/she/they executed the
26 same in his/her/their capacity(ies), and that by his/her/their
27 signature(s) on the instrument, the individual(s), or the person on
28 behalf of which the individual(s) acted, executed the instrument.
29 ________________________________________
30 Notary Signature
31 ________________________________________
32 Notary Printed Name
33 Notary Public; State of ________________
34 Qualified in the County of _____________
35 My commission expires: _________________
36 Official Seal:
37 ATTENTION COUNTY CLERK: This instrument covers fixtures that are or are
38 to be severed from the Property described herein and is to be filed for
39 record in the records where conveyances of real estate are recorded.
40 (d) The fee for recording an affidavit of severance shall be twenty-
41 five dollars.
S. 520--A 16 A. 397--A
1 10. Documents held in trust. The original manufacturer's certificate
2 of origin, or any lien release documents may be delivered to any person
3 to facilitate conveying or encumbering the manufactured home. Any person
4 receiving any such documents so delivered holds the documents in trust
5 for that lienholder.
6 11. Damages for failure to comply with this section. Each person,
7 other than a county clerk or the commissioner of motor vehicles, know-
8 ingly and willingly executing, recording or filing any affidavit of
9 affixation, affidavit of severance or any lien release document which
10 fails to comply with the requirements of this section, or states any
11 fact finally determined by a court of competent jurisdiction to be
12 untrue, or fails to state any fact, the omission of which is finally
13 determined by a court of competent jurisdiction to be material, shall be
14 strictly liable, jointly and severally, to any person damaged thereby.
15 § 11. This act shall take effect January 1, 2017; provided, however,
16 that the commissioner of motor vehicles shall promulgate any rules or
17 regulations necessary for the timely implementation of this act on or
18 before such date.
