New York § 344-C - 344-CAffidavit of affixation

§ 344-C. 344-CAffidavit of affixation

* § 344-c. Affidavit of affixation. (a) To convey or voluntarily encumber a manufactured home, an affidavit of affixation shall contain or be accompanied by: (i) so far as the data exists, the name of the manufacturer, the make, the model name, the model year, the dimensions, and the vehicle identification number or numbers of the manufactured home, and whether it is new or used; (ii)(A) a statement that the party executing the affidavit is the owner of the real property described therein or, (B) if not the owner of the real property, (1) a statement that the party executing the affidavit is in possession of the real property pursuant to the terms of a lease in recordable form, and (2) the consent of the lessor of the real property shall be endorsed upon or attached to the affidavit and be acknowledged or proved in the manner as to entitle a conveyance to be recorded; (iii) the street address and the legal description of the real property upon which the manufactured home is or will be affixed to a permanent foundation; (iv) a statement that the manufactured home is or shall be affixed to a permanent foundation to the real property; (v) the name and address of the person designated for filing the recorded original affidavit of affixation with the commissioner of motor vehicles, to whom the recording officer shall return the affidavit of affixation after it has been duly recorded in the real property records, as provided in this section. (b) The affidavit of affixation shall be in the form set forth in subdivision (c) of this section, duly sworn and when so sworn, upon payment of the lawful fees therefor, the recording officer shall immediately cause the affidavit of affixation and any attachments thereto, to be duly recorded and indexed in the record of deeds. (c) An affidavit of affixation shall be in substantially the form set forth below: ______________________, 20____ Date ______________________________ Place of Recording Record & Return by [] Mail [] Pickup to: ______________________________ Name ______________________________ Address 1 ______________________________ Address 2 MANUFACTURED HOME AFFIDAVIT OF AFFIXATION Homeowner, being duly sworn, on their oath, states as follows: 1. Homeowner owns the manufactured home ("Home") described as follows: ________________________________________________________________________ New/Used Year Manufacturer's Name Model Name or Model No. ________________________________________________________________________ Manufacturer's Serial No. Length / Width 2. The Home is or will be located at the following "Property Address": ________________________________________________________________________ Street or Route City County State Zip Code 3. The legal description of the Property Address ("Land") is: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 4. The Homeowner is the owner of the Land or, if not the owner of the Land, is in possession of the real property pursuant to a lease in recordable form, and the consent of the lessor is attached to this Affidavit. 5. The Home is, or shall be promptly upon delivery, anchored to the Land by attachment to a permanent foundation and connected to appropriate residential utilities (e.g., water, gas, electricity, sewer). 6. Homeowner intends that the Home be an immovable fixture and a permanent improvement to the Land, free of any personal property security interest. 7. The Home shall be assessed and taxed as an improvement to the Land. IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my presence. (Seal) ________________________ Homeowner #1 __________________ Printed Name __________________ (Seal) ________________________ Homeowner #2 __________________ Printed Name STATE OF ) ) ss.: COUNTY OF ) Subscribed and sworn to (or affirmed) before me on the _____________ day of _______________ in the year _____ ______________________________ Notary Signature ______________________________ Notary Printed Name Notary Public; State of Qualified in the County of My commission expires: Official Seal: Lender's Statement of Intent: The undersigned ("Lender") intends that the Home be an immovable fixture and a permanent improvement to the Land. _______________________________ Lender By: Authorized Signature STATE OF ) ) ss.: COUNTY OF ) On the ____________ day of ________ in the year ________ before me, the undersigned, a Notary Public in and for said State, personally appeared _______________________________________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacity(ies), and that by their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. _______________________________ Notary Signature _______________________________ Notary Printed Name Notary Public; State of Qualified in the County of My commission expires: Official Seal: (d) The fee for recording an affidavit of affixation shall be two hundred dollars. (e) No transfer tax shall be due upon the filing of an affidavit of affixation.