S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 520                                                    A. 397
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      (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
       IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO -- read  once  and
         referred to the Committee on Judiciary
       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
   13  exclusively  for  residential purposes, excluding travel trailers] MANU-
   14  FACTURED HOME AS DEFINED IN PARAGRAPH FIFTY-THREE OF SUBSECTION  (A)  OF
   15  SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE BUT DOES NOT INCLUDE RECRE-
   16  ATIONAL  VEHICLES  (RVS) INCLUDING BUT NOT LIMITED TO MOTORHOMES, TRAVEL
   17  TRAILERS, FIFTH-WHEEL TRAVEL TRAILERS, PARK MODEL  RVS,  TRUCK  CAMPERS,
   18  AND FOLDING CAMPING TRAILERS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02418-01-5
       S. 520                              2                             A. 397
    1    S 2. Section 122-c of the vehicle and traffic law, as added by chapter
    2  322 of the laws of 1993, is amended to read as follows:
    3    S 122-c. Mobile  home or manufactured home. A structure, transportable
    4  in one or more sections, which in the traveling mode, is eight body feet
    5  or more in width or forty body feet or more in length, or  when  erected
    6  on site, is three hundred twenty or more square feet, and which is built
    7  on  a  permanent  chassis  and designed to be used as a dwelling with or
    8  without a permanent foundation when connected to required utilities, and
    9  includes the plumbing, heating, air-conditioning and electrical  systems
   10  contained  therein.   NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF
   11  11 USC S 1322(B)(2), A MANUFACTURED HOME SHALL  BE  DEEMED  TO  BE  REAL
   12  PROPERTY.
   13    S  3.  Paragraph  19 of subdivision (a) of section 2102 of the vehicle
   14  and traffic law, as added by chapter 322 of the laws of 1993, is amended
   15  to read as follows:
   16    (19) A [mobile home or a] manufactured  home,  manufactured  prior  to
   17  July  first, nineteen hundred ninety-four and designated by the manufac-
   18  turer as being a nineteen hundred  ninety-four  or  earlier  model  year
   19  [mobile  home or] manufactured home, [and] any [mobile home or] manufac-
   20  tured home, manufactured or assembled prior to January  first,  nineteen
   21  hundred  ninety-four  for  which  the  manufacturer has not designated a
   22  model year, AND ANY "FACTORY MANUFACTURED HOME" AS DEFINED  IN  SUBDIVI-
   23  SION EIGHT OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECUTIVE LAW.
   24    S  4. Section 2107 of the vehicle and traffic law is amended by adding
   25  six new subdivisions (d), (e), (f), (g), (h) and (i) to read as follows:
   26    (D) THE COMMISSIONER SHALL NOT ISSUE A CERTIFICATE OF TITLE TO A MANU-
   27  FACTURED HOME WITH RESPECT TO WHICH THERE HAS BEEN RECORDED AN AFFIDAVIT
   28  OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A OF  THE  REAL
   29  PROPERTY LAW.
   30    (E) THE COMMISSIONER SHALL FILE, UPON RECEIPT, EACH AFFIDAVIT OF AFFI-
   31  XATION OR AFFIDAVIT OF SEVERANCE RELATING TO A MANUFACTURED HOME THAT IS
   32  DELIVERED  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED NINETY-SIX-A OF THE
   33  REAL PROPERTY LAW, WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY.
   34    (F) THE COMMISSIONER SHALL MAINTAIN A  RECORD  OF  ALL  AFFIDAVITS  OF
   35  AFFIXATION  HE  OR  SHE FILES IN ACCORDANCE WITH SUBDIVISION (E) OF THIS
   36  SECTION. THE RECORD SHALL STATE THE NAME OF THE OWNER  OF  THE  MANUFAC-
   37  TURED  HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND THE
   38  BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
   39  AN AFFIDAVIT OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED  NINETY-SIX-A
   40  OF  THE  REAL  PROPERTY  LAW  AND  THIS  ARTICLE, AND ANY OTHER DATA THE
   41  COMMISSIONER PRESCRIBES.
   42    (G) THE COMMISSIONER SHALL FILE, UPON RECEIPT,  EACH  APPLICATION  FOR
   43  SURRENDER  OF  THE  CERTIFICATE OF TITLE RELATING TO A MANUFACTURED HOME
   44  THAT IS DELIVERED IN ACCORDANCE WITH SECTION TWENTY-ONE  HUNDRED  SEVEN-
   45  TEEN-A  OF  THIS ARTICLE, WHEN SATISFIED AS TO ITS GENUINENESS AND REGU-
   46  LARITY.
   47    (H) THE COMMISSIONER SHALL MAINTAIN A RECORD OF EACH MANUFACTURED HOME
   48  CERTIFICATE OF TITLE THAT HE OR SHE ACCEPTS FOR SURRENDER AS PROVIDED IN
   49  SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE. THE RECORD SHALL
   50  STATE THE NAME OF THE OWNER OF  THE  MANUFACTURED  HOME,  THE  DATE  THE
   51  CERTIFICATE  OF TITLE WAS ACCEPTED FOR SURRENDER, THE COUNTY OF RECORDA-
   52  TION, THE DATE OF RECORDATION, AND THE BOOK AND PAGE NUMBER OF EACH BOOK
   53  OF DEEDS WHERE THERE HAS BEEN RECORDED AN AFFIDAVIT OF AFFIXATION PURSU-
   54  ANT TO SECTION TWO HUNDRED NINETY-SIX-A OF THE  REAL  PROPERTY  LAW  AND
   55  THIS ARTICLE, AND ANY OTHER DATA THE COMMISSIONER PRESCRIBES.
       S. 520                              3                             A. 397
    1    (I)  THE  COMMISSIONER  SHALL  MAINTAIN  A RECORD OF EACH AFFIDAVIT OF
    2  SEVERANCE HE OR SHE FILES IN ACCORDANCE WITH  SUBDIVISION  (E)  OF  THIS
    3  SECTION.  THE  RECORD  SHALL STATE THE NAME OF THE OWNER OF THE MANUFAC-
    4  TURED HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND  THE
    5  BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
    6  AN  AFFIDAVIT  OF SEVERANCE PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A
    7  OF  THE  REAL  PROPERTY  LAW,  AND  ANY  OTHER  DATA  THE   COMMISSIONER
    8  PRESCRIBES.
    9    S  5.  Subdivision (e) of section 2108 of the vehicle and traffic law,
   10  as added by chapter 322 of the laws of  1993,  is  amended  to  read  as
   11  follows:
   12    (e) Notwithstanding any other provision of law, a certificate of title
   13  to  a  vehicle which is a [mobile home or a] manufactured home issued by
   14  the commissioner is prima facie evidence of the facts appearing  on  it,
   15  notwithstanding  the fact that such vehicle, at any time, in any manner,
   16  shall have become [attached to realty] AFFIXED IN  ANY  MANNER  TO  REAL
   17  PROPERTY.
   18    S 6. The vehicle and traffic law is amended by adding two new sections
   19  2117-a and 2117-b to read as follows:
   20    S  2117-A. SURRENDER OF TITLE TO A MANUFACTURED HOME. (A) THE OWNER OR
   21  OWNERS OF A MANUFACTURED HOME THAT IS COVERED BY A CERTIFICATE OF  TITLE
   22  AND  THAT  IS  PERMANENTLY  AFFIXED TO REAL PROPERTY, OR WHICH THE OWNER
   23  INTENDS TO PERMANENTLY AFFIX TO REAL PROPERTY, MAY SURRENDER THE CERTIF-
   24  ICATE OF TITLE TO THE MANUFACTURED HOME TO THE  COMMISSIONER  BY  FILING
   25  WITH  THE  COMMISSIONER AN APPLICATION FOR SURRENDER OF TITLE CONTAINING
   26  OR ACCOMPANIED BY:
   27    (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
   28    (2) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO  FAR  AS  THE
   29  FOLLOWING DATA EXISTS; THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
   30  NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
   31  NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND WHETHER IT IS NEW OR USED
   32  AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
   33    (3) THE DATE OF PURCHASE BY APPLICANT OF THE  MANUFACTURED  HOME,  THE
   34  NAME  AND  ADDRESS OF THE PERSON FROM WHOM THE HOME WAS ACQUIRED AND THE
   35  NAMES AND ADDRESSES OF ANY LIENHOLDERS IN THE ORDER  OF  THEIR  APPARENT
   36  PRIORITY;
   37    (4) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER, (I) ANY FACTS
   38  OR  INFORMATION  KNOWN TO THE APPLICANT THAT COULD REASONABLY AFFECT THE
   39  VALIDITY OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-
   40  EXISTENCE  OF  SECURITY  INTERESTS  IN IT; OR (II) THAT NO SUCH FACTS OR
   41  INFORMATION ARE KNOWN TO THE APPLICANT;
   42    (5) A CERTIFIED COPY OF THE AFFIDAVIT OF  AFFIXATION  AS  PROVIDED  BY
   43  SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
   44    (6)  THE  NAME  AND  MAILING ADDRESS OF EACH PERSON TO RECEIVE WRITTEN
   45  ACKNOWLEDGMENT OF SURRENDER FROM THE COMMISSIONER; AND
   46    (7) ANY OTHER INFORMATION AND DOCUMENTS  THE  COMMISSIONER  REASONABLY
   47  REQUIRES  TO  IDENTIFY  THE OWNER OF THE MANUFACTURED HOME AND TO ENABLE
   48  HIM OR HER TO DETERMINE WHETHER THE OWNER IS ENTITLED TO  SURRENDER  THE
   49  CERTIFICATE  OF  TITLE  AND  THE  EXISTENCE OR NON-EXISTENCE OF SECURITY
   50  INTERESTS IN THE MANUFACTURED HOME.
   51    (B) THE COMMISSIONER SHALL NOT ACCEPT FOR SURRENDER A  CERTIFICATE  OF
   52  TITLE  TO  A  MANUFACTURED  HOME  UNLESS AND UNTIL ANY LIENS PURSUANT TO
   53  SECTION TWENTY-ONE HUNDRED FIVE-A  OF  THIS  ARTICLE  AND  ANY  SECURITY
   54  INTERESTS  PURSUANT  TO SECTIONS TWENTY-ONE HUNDRED SEVEN AND TWENTY-ONE
   55  HUNDRED EIGHTEEN OF THIS ARTICLE HAVE BEEN RELEASED.
       S. 520                              4                             A. 397
    1    (C) WHEN SATISFIED AS TO THE GENUINENESS AND REGULARITY OF THE SURREN-
    2  DER OF A CERTIFICATE OF TITLE TO A MANUFACTURED HOME AND UPON  SATISFAC-
    3  TION  OF  THE  REQUIREMENTS OF SUBDIVISIONS (A) AND (B) OF THIS SECTION,
    4  THE COMMISSIONER SHALL CANCEL THE CERTIFICATE OF TITLE AND UPDATE HIS OR
    5  HER  RECORDS  IN  ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS (G) AND
    6  (H) OF SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE.
    7    (D) UPON SATISFACTION OF THE REQUIREMENTS OF THIS SECTION  A  MANUFAC-
    8  TURED  HOME  SHALL BE CONVEYED AND ENCUMBERED AS PROVIDED IN SUBDIVISION
    9  SEVEN OF SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW.
   10    (E) UPON WRITTEN  REQUEST,  THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
   11  ACKNOWLEDGMENT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   12    S  2117-B. APPLICATION TO REINSTATE CERTIFICATE OF TITLE TO A MANUFAC-
   13  TURED HOME. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHERE  A
   14  MANUFACTURED  HOME HAS BEEN PERMANENTLY AFFIXED TO REAL PROPERTY, AND AN
   15  AFFIDAVIT OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A  OF
   16  THE  REAL  PROPERTY  LAW  HAS BEEN RECORDED AS PART OF THE REAL PROPERTY
   17  RECORDS IN THE COUNTY IN WHICH THE MANUFACTURED  HOME  IS  LOCATED,  AND
   18  WHERE THE MANUFACTURED HOME SUBSEQUENTLY IS DETACHED OR SEVERED FROM THE
   19  REAL  PROPERTY,  THE  OWNER OR OWNERS MAY APPLY TO REINSTATE THE CERTIF-
   20  ICATE OF TITLE BY FILING WITH THE COMMISSIONER AN APPLICATION  TO  REIN-
   21  STATE  THE  CERTIFICATE  OF  TITLE  TO A MANUFACTURED HOME CONTAINING OR
   22  ACCOMPANIED BY:
   23    (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
   24    (2) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO  FAR  AS  THE
   25  FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
   26  NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
   27  NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND  WHETHER  IT  IS  NEW  OR
   28  USED, AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
   29    (3) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER: (I) ANY FACTS
   30  OR  INFORMATION  KNOWN TO THE APPLICANT THAT COULD REASONABLY AFFECT THE
   31  VALIDITY OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-
   32  EXISTENCE  OF  SECURITY  INTEREST  IN  IT; OR (II) THAT NO SUCH FACTS OR
   33  INFORMATION ARE KNOWN TO THE APPLICANT;
   34    (4) A CERTIFIED COPY OF THE AFFIDAVIT  OF  SEVERANCE  AS  PROVIDED  BY
   35  SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
   36    (5)  A SWORN DECLARATION BY AN ATTORNEY AT LAW, DULY ADMITTED TO PRAC-
   37  TICE IN THE COURTS OF THE STATE OF NEW YORK, OR  AN  AGENT  OF  A  TITLE
   38  INSURANCE  COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE IN
   39  THE STATE OF NEW YORK, THAT THE MANUFACTURED HOME IS FREE AND  CLEAR  OF
   40  ALL  LIENS  AND  ENCUMBRANCES, AND (I) ANY FACTS OR INFORMATION KNOWN TO
   41  HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
   42  MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTER-
   43  ESTS  IN  IT; OR (II) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO HIM
   44  OR HER; AND
   45    (6) ANY OTHER INFORMATION AND DOCUMENTS  THE  COMMISSIONER  REASONABLY
   46  REQUIRES  TO  IDENTIFY THE MANUFACTURED HOME AND TO ENABLE HIM OR HER TO
   47  DETERMINE WHETHER THE OWNER IS ENTITLED TO A CERTIFICATE  OF  TITLE  AND
   48  THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTERESTS IN THE MANUFACTURED
   49  HOME.
   50    (B)  WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY OF THE APPLI-
   51  CATION TO REINSTATE A CERTIFICATE OF TITLE TO A  MANUFACTURED  HOME  AND
   52  UPON  SATISFACTION  OF  THE  REQUIREMENTS  OF  SUBDIVISION  (A)  OF THIS
   53  SECTION, THE COMMISSIONER SHALL ISSUE A NEW CERTIFICATE OF TITLE  PURSU-
   54  ANT  TO  SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE AND UPDATE HIS
   55  OR HER RECORDS IN ACCORDANCE WITH THE PROVISIONS OF  SECTION  TWENTY-ONE
   56  HUNDRED SEVEN OF THIS ARTICLE.
       S. 520                              5                             A. 397
    1    (C)  UPON  SATISFACTION OF THE REQUIREMENTS OF THIS SECTION A MANUFAC-
    2  TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PERSONAL PROPERTY.
    3    S 7. Subdivisions (d) and (e) of section 2118 of the vehicle and traf-
    4  fic  law,  subdivision  (d) as added by chapter 322 of the laws of 1993,
    5  subdivision (e) as amended by chapter  84  of  the  laws  of  2001,  are
    6  amended to read as follows:
    7    (d)  A  security interest noted on a certificate of title to a vehicle
    8  which is a [mobile home or a] manufactured home shall have priority over
    9  [any other] ALL subsequent liens or security interests except for  those
   10  set  forth  in  subdivision (c) of section [two thousand one] TWENTY-ONE
   11  hundred three of this article.
   12    (e) [After]  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SECTIONS  TWENTY-ONE
   13  HUNDRED  SEVENTEEN-A,  TWENTY-ONE  HUNDRED  SEVENTEEN-B  AND  TWENTY-ONE
   14  HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  AND   SECTION   TWO   HUNDRED
   15  NINETY-SIX-A  OF THE REAL PROPERTY LAW, AFTER a certificate of title has
   16  been issued [in this state] for a [vehicle which is a mobile home or  a]
   17  manufactured home, and as long as the [vehicle which is a mobile home or
   18  a]  manufactured  home  is  subject  to  any security interest perfected
   19  pursuant to this section, the commissioner shall not FILE  AN  AFFIDAVIT
   20  OF  AFFIXATION, NOR revoke the certificate of title, NOR ISSUE A CERTIF-
   21  ICATE OF TITLE UNDER SUBDIVISION (A) OF SECTION TWENTY-ONE HUNDRED SEVEN
   22  OF THIS ARTICLE, and, in any event, the validity  and  priority  of  any
   23  security  interest  perfected  pursuant  to this section shall continue,
   24  notwithstanding the provision of  any  other  law[,  including  but  not
   25  limited  to  section  9--303 and section 9-313 of the uniform commercial
   26  code].
   27    S 8. Section 2123 of the vehicle and traffic law, as amended by  chap-
   28  ter 322 of the laws of 1993, is amended to read as follows:
   29    S 2123. Exclusiveness  of procedure. The method provided in this arti-
   30  cle of perfecting and giving notice of  security  interests  subject  to
   31  this  article  is  exclusive. Security interests subject to this article
   32  are hereby exempted from the provisions of law which otherwise relate to
   33  the perfection of security interests,  [including  but  not  limited  to
   34  section  9-313  of  the uniform commercial code] PROVIDED, HOWEVER, THAT
   35  WITH RESPECT TO A MANUFACTURED HOME  THAT  IS  OR  WILL  BE  PERMANENTLY
   36  AFFIXED TO REAL PROPERTY, UPON RECORDATION OF AN AFFIDAVIT OF AFFIXATION
   37  PURSUANT  TO  SECTION  TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW
   38  AND SATISFACTION OF  THE  REQUIREMENTS  OF  SECTION  TWENTY-ONE  HUNDRED
   39  SEVENTEEN-A OF THIS ARTICLE, ANY PERFECTION OR TERMINATION OF A SECURITY
   40  INTEREST WITH RESPECT TO SUCH PERMANENTLY AFFIXED PROPERTY SHALL CONFORM
   41  TO THE REQUIREMENTS OF ARTICLE NINE OF THE REAL PROPERTY LAW.
   42    S 9. Paragraph 2 of subdivision (a) of section 2124 of the vehicle and
   43  traffic  law, as added by chapter 322 of the laws of 1993, is amended to
   44  read as follows:
   45    (2) [Notwithstanding any other provision of law] EXCEPT AS PROVIDED IN
   46  SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE, the commissioner
   47  shall not suspend or revoke a certificate of title to a  [vehicle  which
   48  is  a  mobile  home or] manufactured home by reason of the fact that, at
   49  any time, in any manner, it shall have become attached to [realty]  REAL
   50  PROPERTY.
   51    S  10.  The real property law is amended by adding a new section 296-a
   52  to read as follows:
   53    S 296-A. CONVEYANCE AND ENCUMBRANCE  OF  MANUFACTURED  HOMES  AS  REAL
   54  PROPERTY.  1.  MANUFACTURED  HOME; PERMANENTLY AFFIXED TO REAL PROPERTY.
   55  FOR PURPOSES OF THIS SECTION, THE TERM "MANUFACTURED  HOME"  SHALL  HAVE
   56  THE  SAME  MEANING  AS  A  MANUFACTURED  HOME  AS  DEFINED  IN PARAGRAPH
       S. 520                              6                             A. 397
    1  FIFTY-THREE OF SUBSECTION (A) OF SECTION 9-102 OF THE UNIFORM COMMERCIAL
    2  CODE. NOTWITHSTANDING THE  FORGOING,  FOR  THE  PURPOSES  OF  11  USC  S
    3  1322(B)(2), A MANUFACTURED HOME SHALL BE DEEMED TO BE REAL PROPERTY. FOR
    4  PURPOSES  OF  THIS SECTION, ARTICLE FORTY-SIX OF THE VEHICLE AND TRAFFIC
    5  LAW, AND THE UNIFORM COMMERCIAL CODE, A MANUFACTURED HOME IS "PERMANENT-
    6  LY AFFIXED" IF IT IS ANCHORED TO REAL PROPERTY BY ATTACHMENT TO A PERMA-
    7  NENT FOUNDATION, CONSTRUCTED IN ACCORDANCE  WITH  APPLICABLE  STATE  AND
    8  LOCAL  BUILDING  CODES  AND  MANUFACTURER'S  SPECIFICATIONS  IN A MANNER
    9  SUFFICIENT TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S  WARRANTY,  AND
   10  CONNECTED  TO  A  RESIDENTIAL  UTILITY  (E.G.,  WATER, GAS, ELECTRICITY,
   11  SEWER).
   12    2. RECORD NOTICE.  (A) TO CONVEY OR VOLUNTARILY ENCUMBER AS REAL PROP-
   13  ERTY, A MANUFACTURED HOME, THE FOLLOWING CONDITIONS MUST BE MET:
   14    (I) THE MANUFACTURED HOME SHALL BE PERMANENTLY AFFIXED TO REAL PROPER-
   15  TY; AND
   16    (II) EACH PERSON HAVING AN  OWNERSHIP  INTEREST  IN  SUCH  HOME  SHALL
   17  EXECUTE AND RECORD WITH THE RECORDING OFFICER OF THE COUNTY IN WHICH THE
   18  REAL  PROPERTY  IS  LOCATED  AN  AFFIDAVIT  OF AFFIXATION AS PROVIDED IN
   19  SUBDIVISION THREE OF THIS SECTION, AND SATISFY THE  APPLICABLE  REQUIRE-
   20  MENTS OF THIS SECTION.
   21    (B)  UPON RECEIPT OF THE CERTIFIED COPY OF THE AFFIDAVIT OF AFFIXATION
   22  PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION,  ANY  PERSON  DESIGNATED
   23  THEREIN  FOR  FILING  WITH THE COMMISSIONER OF MOTOR VEHICLES SHALL FILE
   24  THE AFFIDAVIT OF AFFIXATION WITH SUCH COMMISSIONER; EXCEPT THAT  IN  THE
   25  CASE WHERE THE HOME IS COVERED BY A CERTIFICATE  OF TITLE, THE CERTIFIED
   26  AFFIDAVIT  OF  AFFIXATION  SHALL BE FILED WITH THE COMMISSIONER OF MOTOR
   27  VEHICLES PURSUANT TO SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THE VEHI-
   28  CLE AND TRAFFIC LAW.
   29    3. AFFIDAVIT OF AFFIXATION.   (A) AN  AFFIDAVIT  OF  AFFIXATION  SHALL
   30  CONTAIN OR BE ACCOMPANIED BY:
   31    (I)  THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL NAME, THE MODEL
   32  YEAR, THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION NUMBER  OR  NUMBERS
   33  OF THE MANUFACTURED HOME, AND WHETHER IT IS NEW OR USED;
   34    (II)(A)  A  STATEMENT  THAT  THE  PARTY EXECUTING THE AFFIDAVIT IS THE
   35  OWNER OF THE REAL PROPERTY DESCRIBED THEREIN OR, (B) IF NOT THE OWNER OF
   36  THE REAL PROPERTY, (1) A STATEMENT THAT THE PARTY EXECUTING THE  AFFIDA-
   37  VIT  IS  IN  POSSESSION  OF THE REAL PROPERTY PURSUANT TO THE TERMS OF A
   38  LEASE IN RECORDABLE FORM, AND (2) THE CONSENT OF THE LESSOR OF THE  REAL
   39  PROPERTY  SHALL  BE  ENDORSED  UPON  OR ATTACHED TO THE AFFIDAVIT AND BE
   40  ACKNOWLEDGED OR PROVED IN THE MANNER AS TO ENTITLE A  CONVEYANCE  TO  BE
   41  RECORDED;
   42    (III) THE STREET ADDRESS AND THE LEGAL DESCRIPTION OF THE REAL PROPER-
   43  TY UPON WHICH THE MANUFACTURED HOME IS OR WILL BE PERMANENTLY AFFIXED;
   44    (IV)  AS  APPLICABLE, (A) IF THE MANUFACTURED HOME IS NOT COVERED BY A
   45  CERTIFICATE OF TITLE, A STATEMENT BY THE OWNER OR OWNERS TO THAT EFFECT;
   46  AND
   47    (1) THE ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN FOR THE MANUFAC-
   48  TURED HOME, DULY ENDORSED TO THE  OWNER  OF  THE  MANUFACTURED  HOME;  A
   49  STATEMENT  THAT  ANNEXED  TO THE AFFIDAVIT OF AFFIXATION IS THE ORIGINAL
   50  MANUFACTURER'S CERTIFICATE OF ORIGIN FOR  THE  MANUFACTURED  HOME,  DULY
   51  ENDORSED TO THE OWNER OF THE MANUFACTURED HOME; OR
   52    (2)  A  STATEMENT THAT THE OWNER OR OWNERS OF THE HOME, AFTER DILIGENT
   53  SEARCH AND INQUIRY, ARE UNABLE TO PRODUCE  THE  ORIGINAL  MANUFACTURER'S
   54  CERTIFICATE OF ORIGIN FOR THE MANUFACTURED HOME;
   55    (B)  IF  THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, A
   56  STATEMENT BY THE OWNER OR OWNERS OF THE MANUFACTURED HOME THAT THE MANU-
       S. 520                              7                             A. 397
    1  FACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE DATE  THE  TITLE
    2  WAS  ISSUED, THE TITLE NUMBER, AND THAT THE OWNER OR OWNERS OF THE MANU-
    3  FACTURED HOME SHALL SURRENDER THE TITLE; AND
    4    (C) A STATEMENT WHETHER OR NOT THE MANUFACTURED HOME IS SUBJECT TO ONE
    5  OR MORE SECURITY INTERESTS; AND
    6    (1) IF THE MANUFACTURED HOME IS SUBJECT TO ONE OR MORE SECURITY INTER-
    7  EST,  THE  NAME AND ADDRESS OF EACH PARTY HOLDING A SECURITY INTEREST IN
    8  THE MANUFACTURED HOME, INCLUDING BUT NOT LIMITED TO, THOSE SHOWN ON  ANY
    9  CERTIFICATE  OF  TITLE  ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, IF
   10  ANY, AND THE ORIGINAL PRINCIPAL AMOUNT SECURED BY EACH  SECURITY  INTER-
   11  EST; AND A STATEMENT THAT THE SECURITY INTEREST SHALL BE RELEASED; OR
   12    (2)  A STATEMENT THAT EACH SECURITY INTEREST IN THE MANUFACTURED HOME,
   13  IF ANY, HAS BEEN RELEASED, TOGETHER WITH DUE PROOF OF EACH SUCH RELEASE,
   14  IF ANY;
   15    (V) A STATEMENT THAT THE MANUFACTURED HOME IS OR SHALL BE  PERMANENTLY
   16  AFFIXED TO THE REAL PROPERTY; AND
   17    (VI)  THE  NAME AND ADDRESS OF THE PERSON DESIGNATED FOR RECORDING THE
   18  AFFIDAVIT OF AFFIXATION WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
   19  THE RECORDING OFFICER SHALL RETURN THE AFFIDAVIT OF AFFIXATION AFTER  IT
   20  HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
   21  SECTION.
   22    (B)  THE  AFFIDAVIT  OF  AFFIXATION  SHALL BE IN THE FORM SET FORTH IN
   23  PARAGRAPH (C) OF THIS SUBDIVISION, DULY ACKNOWLEDGED OR PROVED  IN  LIKE
   24  MANNER  AS  TO  ENTITLE A CONVEYANCE TO BE RECORDED AND WHEN SO ACKNOWL-
   25  EDGED OR PROVED, UPON PAYMENT OF THE FEES THEREFOR, THE RECORDING  OFFI-
   26  CER  SHALL IMMEDIATELY CAUSE THE AFFIDAVIT OF AFFIXATION AND ANY ATTACH-
   27  MENTS THERETO, TO BE DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
   28    (C) AN AFFIDAVIT OF AFFIXATION SHALL CONFORM TO  THE  REQUIREMENTS  OF
   29  THIS SUBDIVISION. AN AFFIDAVIT IN SUBSTANTIALLY THE FOLLOWING FORM SHALL
   30  BE DEEMED TO BE IN COMPLIANCE:
   31                              MANUFACTURED HOME
   32                           AFFIDAVIT OF AFFIXATION
   33  STATE OF ___________________ )
   34                               ) SS.:
   35  COUNTY OF __________________ )
   36  BEFORE  ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY PERSONALLY
   37  APPEARED
   38        {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:
   39  KNOWN TO ME TO BE THE PERSON(S) WHOSE NAME(S)  IS/ARE  SUBSCRIBED  BELOW
   40  (EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
   41  HIS OR HER OATH STATE AS FOLLOWS:
   42  1.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:
   43  ________________________________________________________________________
   44  NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
   45                       NAME        AND MODEL    SERIAL NO.
   46                                      NO.
   47  2.  THE  HOME WAS BUILT IN COMPLIANCE WITH THE FEDERAL MANUFACTURED HOME
   48      CONSTRUCTION AND SAFETY STANDARDS ACT.
       S. 520                              8                             A. 397
    1  3.  IF THE HOMEOWNER IS THE FIRST RETAIL BUYER OF THE HOME, HOMEOWNER IS
    2      IN RECEIPT OF (I) THE MANUFACTURER'S WARRANTY FOR THE HOME, (II) THE
    3      CONSUMER MANUAL FOR THE HOME, (III) THE  INSULATION  DISCLOSURE  FOR
    4      THE HOME, AND (IV) THE FORMALDEHYDE HEALTH NOTICE.
    5  4.  THE HOME IS OR WILL BE LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":
    6  ________________________________________________________________________
    7  STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE
    8  5.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY WHERE THE HOME IS OR WILL
    9      BE PERMANENTLY AFFIXED ("LAND") IS:
   10      ____________________________________________________________________
   11      ____________________________________________________________________
   12      ____________________________________________________________________
   13      ____________________________________________________________________
   14  6.  THE  HOMEOWNER  IS THE OWNER OF THE LAND OR, IF NOT THE OWNER OF THE
   15      LAND, IS IN POSSESSION OF THE REAL PROPERTY PURSUANT TO A  LEASE  IN
   16      RECORDABLE  FORM,  AND THE CONSENT OF THE LESSOR IS ATTACHED TO THIS
   17      AFFIDAVIT.
   18  7.  THE HOME {__} IS {__} SHALL BE ANCHORED TO THE LAND BY ATTACHMENT TO
   19      A PERMANENT FOUNDATION, CONSTRUCTED IN  ACCORDANCE  WITH  APPLICABLE
   20      STATE  AND LOCAL BUILDING CODES AND MANUFACTURER'S SPECIFICATIONS IN
   21      A  MANNER  SUFFICIENT  TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S
   22      WARRANTY,  AND CONNECTED TO A RESIDENTIAL UTILITY (E.G., WATER, GAS,
   23      ELECTRICITY, SEWER) ("PERMANENTLY AFFIXED").
   24  8.  THE HOME SHALL BE ASSESSED AND TAXED AS AN IMPROVEMENT TO THE LAND.
   25  9.  HOMEOWNER AGREES THAT AS OF TODAY, OR IF THE HOME IS NOT YET LOCATED
   26      AT THE PROPERTY ADDRESS, UPON THE DELIVERY OF THE HOME TO THE  PROP-
   27      ERTY ADDRESS:
   28      (A) ALL  PERMITS  REQUIRED  BY  GOVERNMENTAL  AUTHORITIES  HAVE BEEN
   29          OBTAINED;
   30      (B) THE FOUNDATION SYSTEM FOR THE HOME WAS DESIGNED BY  AN  ENGINEER
   31          TO MEET THE SOIL CONDITIONS OF THE PROPERTY ADDRESS. ALL FOUNDA-
   32          TIONS,  BOTH PERIMETER AND PIERS FOR THE HOME HAVE FOOTINGS THAT
   33          ARE LOCATED BELOW THE FROST LINE, AND WILL BE PLACED  WHERE  THE
   34          HOME MANUFACTURER RECOMMENDS. ALL FOUNDATIONS ARE CONSTRUCTED IN
   35          ACCORDANCE  WITH  APPLICABLE STATE AND LOCAL BUILDING CODES, AND
   36          MANUFACTURER'S SPECIFICATIONS IN A MANNER SUFFICIENT TO VALIDATE
   37          ANY APPLICABLE MANUFACTURER'S WARRANTY.
   38      (C) THE WHEELS, AXLES, TOWBAR OR HITCH WERE REMOVED  WHEN  THE  HOME
   39          WAS, OR WILL BE, PLACED ON THE PROPERTY ADDRESS;
   40      (D) THE  HOME  IS  (I) PERMANENTLY AFFIXED TO A FOUNDATION, (II) HAS
   41          THE CHARACTERISTICS OF SITE-BUILT HOUSING, AND (III) IS PART  OF
   42          THE LAND; AND
       S. 520                              9                             A. 397
    1      (E) THE  HOME  IS  PERMANENTLY  CONNECTED TO A SEPTIC TANK OR SEWAGE
    2          SYSTEM AND  OTHER  UTILITIES  SUCH  AS  ELECTRICITY,  WATER  AND
    3          NATURAL GAS.
    4  10. IF THE HOMEOWNER IS THE OWNER OF THE LAND, ANY CONVEYANCE OR FINANC-
    5      ING  OF  THE  HOME  AND THE LAND SHALL BE A SINGLE TRANSACTION UNDER
    6      APPLICABLE STATE LAW.
    7  11. THE HOME IS SUBJECT TO THE FOLLOWING  SECURITY  INTERESTS  (EACH,  A
    8      "SECURITY INTEREST"):
    9      NAME OF LIENHOLDER:              NAME OF LIENHOLDER:
   10      ADDRESS:                         ADDRESS:
   11      ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
   12      AMOUNT SECURED:                  AMOUNT SECURED:
   13  12. OTHER  THAN  THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER IS NOT
   14      AWARE OF (I) ANY OTHER CLAIM,  LIEN  OR  ENCUMBRANCE  AFFECTING  THE
   15      HOME,  (II)  ANY  FACTS  OR  INFORMATION KNOWN TO THE APPLICANT THAT
   16      COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE  OF  THE  MANUFAC-
   17      TURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTERESTS
   18      IN IT.
   19  13. A RELEASE OF LIEN FROM EACH OF THE LIENHOLDERS IDENTIFIED  IN  PARA-
   20      GRAPH  11 OF THIS AFFIDAVIT {__} HAS BEEN {__} SHALL BE DELIVERED TO
   21      THE COMMISSIONER OF MOTOR VEHICLES.
   22  14. A HOMEOWNER SHALL INITIAL ONLY ONE OF THE FOLLOWING, AS  IT  APPLIES
   23      TO TITLE TO THE HOME:
   24      {__} THE  HOME  IS  NOT  COVERED  BY  A  CERTIFICATE OF TITLE.   THE
   25           ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN, DULY ENDORSED TO
   26           THE HOMEOWNER, IS ATTACHED TO THIS AFFIDAVIT.
   27      {__} THE HOME IS NOT COVERED BY A CERTIFICATE OF TITLE.  AFTER DILI-
   28           GENT SEARCH AND INQUIRY, THE HOMEOWNER IS UNABLE TO PRODUCE THE
   29           ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN.
   30      {__} THE HOME IS COVERED BY A CERTIFICATE OF TITLE ISSUED ON  ______
   31           OF __________, ______, TITLE NUMBER ______, WHICH THE HOMEOWNER
   32           SHALL SURRENDER.
   33      [__] THE  HOME  IS COVERED BY A CERTIFICATE OF TITLE. AFTER DILIGENT
   34           SEARCH AND INQUIRY, THE HOMEOWNER  IS  UNABLE  TO  PRODUCE  THE
   35           ORIGINAL CERTIFICATE OF TITLE.
   36  15. THE  HOMEOWNER  DESIGNATES THE FOLLOWING PERSON TO RECORD THIS MANU-
   37      FACTURED HOME AFFIXATION AFFIDAVIT AND UPON ITS RECORDING  IT  SHALL
   38      BE  RETURNED  BY  THE RECORDING OFFICER IN THE REAL PROPERTY RECORDS
   39      WHERE THE HOME IS TO BE LOCATED TO SAME:
   40      NAME:
       S. 520                             10                             A. 397
    1      ADDRESS:
    2  16. THIS  AFFIDAVIT  IS  EXECUTED BY HOMEOWNER(S) PURSUANT TO APPLICABLE
    3      STATE LAW.
    4  IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
    5  ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
    6  DAY OF __________, ______.
    7  ____________________________ (SEAL)     ________________________________
    8  HOMEOWNER #1                            WITNESS
    9  ____________________________
   10  PRINTED NAME
   11  ____________________________ (SEAL)     ________________________________
   12  HOMEOWNER #2                            WITNESS
   13  ____________________________
   14  PRINTED NAME
   15  ____________________________ (SEAL)     ________________________________
   16  HOMEOWNER #3                            WITNESS
   17  ____________________________
   18  PRINTED NAME
   19  ____________________________ (SEAL)     ________________________________
   20  HOMEOWNER #4                            WITNESS
   21  ____________________________
   22  PRINTED NAME
   23  STATE OF ___________________ )
   24                               ) SS.:
   25  COUNTY OF __________________ )
   26    ON THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME,  THE
   27  UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY  APPEARED
   28  _______________________________________________________________________,
   29  PERSONALLY  KNOWN  TO  ME  OR  PROVED TO ME ON THE BASIS OF SATISFACTORY
   30  EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS  (ARE)  SUBSCRIBED  TO
   31  THE  WITHIN  INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED
   32  THE SAME IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT  BY  HIS/HER/THEIR
   33  SIGNATURE(S)  ON  THE  INSTRUMENT,  THE  INDIVIDUAL(S), OR THE PERSON ON
   34  BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.
   35  ________________________________________
   36  NOTARY SIGNATURE
   37  ________________________________________
   38  NOTARY PRINTED NAME
   39  NOTARY PUBLIC; STATE OF ________________
   40  QUALIFIED IN THE COUNTY OF _____________
       S. 520                             11                             A. 397
    1  MY COMMISSION EXPIRES: _________________
    2  OFFICIAL SEAL:
    3  ATTENTION  COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR ARE
    4  TO BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED  FOR
    5  RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
    6    (D)  THE FEE FOR RECORDING AN AFFIDAVIT OF AFFIXATION SHALL BE TWENTY-
    7  FIVE DOLLARS.
    8    4. DISPOSITION OF LIENS.  NEITHER THE ACT OF  PERMANENTLY  AFFIXING  A
    9  MANUFACTURED  HOME  TO REAL PROPERTY, NOR THE RECORDING OF THE AFFIDAVIT
   10  OF AFFIXATION SHALL IMPAIR THE RIGHTS OF ANY HOLDER OF A SECURITY INTER-
   11  EST IN A MANUFACTURED HOME PERFECTED AS PROVIDED IN  SECTION  TWENTY-ONE
   12  HUNDRED  EIGHTEEN  OF  THE VEHICLE AND TRAFFIC LAW, UNLESS AND UNTIL THE
   13  DUE FILING WITH AND ACCEPTANCE BY THE COMMISSIONER OF MOTOR VEHICLES  OF
   14  AN  APPLICATION  TO  SURRENDER  THE  TITLE  AND A RELEASE OF ANY LIEN AS
   15  PROVIDED IN SECTION TWENTY-ONE HUNDRED TWENTY-ONE  OF  THE  VEHICLE  AND
   16  TRAFFIC  LAW.  UPON  THE FILING OF SUCH A RELEASE, THE SECURITY INTEREST
   17  CREATED UNDER THE VEHICLE AND TRAFFIC LAW TERMINATES.  THE RECORDING  OF
   18  AN  AFFIDAVIT  OF  AFFIXATION  DOES NOT CHANGE THE CHARACTER OF THE LIEN
   19  NOTED ON A CERTIFICATE OF TITLE, AND NO MORTGAGE RECORDING TAX SHALL  BE
   20  IMPOSED AT THE TIME AN AFFIDAVIT OF AFFIXATION IS RECORDED UPON ANY LIEN
   21  UPON A MANUFACTURED HOME CREATED UNDER THE VEHICLE AND TRAFFIC LAW.
   22    5.  NOTICE TO COMMISSIONER OF MOTOR VEHICLES.  UPON THE PAYMENT OF THE
   23  FEES PROVIDED BY LAW AND RECORDATION OF THE AFFIDAVIT OF  AFFIXATION  OR
   24  AFFIDAVIT  OF SEVERANCE, THE RECORDING OFFICER SHALL ENDORSE THE AFFIDA-
   25  VIT AS "RECORDED IN LAND RECORDS", SETTING FORTH  THEREON  THE  INDEXING
   26  INFORMATION  FOR  THE AFFIDAVIT OF AFFIXATION OR THE AFFIDAVIT OF SEVER-
   27  ANCE AND THE RECORDING OFFICER SHALL FORTHWITH FORWARD A CERTIFIED  COPY
   28  OF  THE  AFFIDAVIT  OF  AFFIXATION  OR THE AFFIDAVIT OF SEVERANCE TO THE
   29  PERSON DESIGNATED THEREIN FOR FILING  WITH  THE  COMMISSIONER  OF  MOTOR
   30  VEHICLES.
   31    6.  EFFECT  OF  RECORDED AFFIDAVIT OF AFFIXATION.  A MANUFACTURED HOME
   32  SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO  AND  INTEGRATED  WITH  THE
   33  REAL PROPERTY, WHEN ALL OF THE FOLLOWING EVENTS HAVE OCCURRED:
   34    (A)  AN  AFFIDAVIT  OF  AFFIXATION  CONFORMING  TO THE REQUIREMENTS OF
   35  SUBDIVISION THREE OF THIS SECTION HAS BEEN DULY RECORDED;
   36    (B) A CERTIFIED COPY OF THE AFFIDAVIT OF  AFFIXATION  AS  PROVIDED  IN
   37  SUBDIVISION  FIVE  OF  THIS  SECTION IS DELIVERED TO THE COMMISSIONER OF
   38  MOTOR VEHICLES; AND
   39    (C) IF THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE
   40  REQUIREMENTS OF SECTION TWENTY-ONE HUNDRED SEVENTEEN-A  OF  THE  VEHICLE
   41  AND TRAFFIC LAW ARE SATISFIED.
   42    7.  CONVEYANCE  AND  ENCUMBRANCE AS REAL PROPERTY.   THE PROVISIONS OF
   43  THIS SUBDIVISION SHALL APPLY IMMEDIATELY UPON THE  SATISFACTION  OF  THE
   44  REQUIREMENTS  OF  SUBDIVISION  SIX  OF THIS SECTION. A MANUFACTURED HOME
   45  SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO THE REAL PROPERTY, AND  ANY
   46  MORTGAGE  LIEN  OR SECURITY INTEREST WHICH CAN ATTACH TO LAND, BUILDINGS
   47  ERECTED THEREON OR FIXTURES AFFIXED THERETO, SHALL ATTACH  IN  THE  SAME
   48  MANNER  AS  IF THE MANUFACTURED HOME WAS BUILT ON SITE, AND TITLE TO THE
   49  MANUFACTURED HOME FOR WHICH AN AFFIDAVIT OF AFFIXATION HAS BEEN RECORDED
   50  MAY BE TRANSFERRED BY DEED OR OTHER FORM OF CONVEYANCE THAT IS EFFECTIVE
   51  TO TRANSFER AN INTEREST IN REAL PROPERTY,  TOGETHER  WITH  THE  LAND  TO
   52  WHICH SUCH STRUCTURE HAS BEEN AFFIXED AND THE MANUFACTURED HOME SHALL BE
   53  DEEMED  TO BE REAL PROPERTY AND SHALL BE GOVERNED BY THE LAWS APPLICABLE
   54  THERETO.
       S. 520                             12                             A. 397
    1    8. MANUFACTURED HOMES THAT REMAIN  PERSONAL  PROPERTY  OR  A  FIXTURE.
    2  EXCEPT  AS  PROVIDED  IN SUBDIVISIONS THREE, FIVE, SIX AND SEVEN OF THIS
    3  SECTION, AN AFFIDAVIT OF AFFIXATION IS NOT  NECESSARY  OR  EFFECTIVE  TO
    4  CONVEY  OR  ENCUMBER A MANUFACTURED HOME.  EVERY CONVEYANCE OF LAND UPON
    5  WHICH  IS  LOCATED A MANUFACTURED HOME WHICH IS COVERED BY A CERTIFICATE
    6  OF TITLE ISSUED PURSUANT TO ARTICLE FORTY-SIX OF THE VEHICLE AND TRAFFIC
    7  LAW, AND FOR WHICH NO AFFIDAVIT OF AFFIXATION HAS BEEN  RECORDED,  SHALL
    8  CONTAIN A RECITAL THAT SUCH CONVEYANCE DOES NOT AFFECT THE TITLE TO SAID
    9  MANUFACTURED  HOME AND THAT THE TRANSFER OR ENCUMBRANCE THEREOF CAN ONLY
   10  BE MADE PURSUANT TO THE PROVISIONS OF THE VEHICLE AND TRAFFIC  LAW.  ANY
   11  AGREEMENT  BY  ANY  PARTY TO THE TRANSACTION WHEREBY THE REQUIREMENTS OF
   12  THIS SUBDIVISION ARE WAIVED SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   13    9. AFFIDAVIT OF SEVERANCE.  (A) IF AND WHEN A  MANUFACTURED  HOME  FOR
   14  WHICH  AN  AFFIDAVIT  OF  AFFIXATION HAS   BEEN RECORDED, IS DETACHED OR
   15  SEVERED FROM THE REAL PROPERTY WHERE IT IS AFFIXED, ANY PERSON HAVING AN
   16  INTEREST IN THE REAL PROPERTY MAY RECORD AN AFFIDAVIT  OF  SEVERANCE  IN
   17  THE  LAND  RECORDS  OF THE COUNTY WHERE THE AFFIDAVIT OF AFFIXATION WITH
   18  RESPECT TO THE HOME  IS  RECORDED.  THE  AFFIDAVIT  OF  SEVERANCE  SHALL
   19  CONTAIN OR BE ACCOMPANIED BY:
   20    (I)  THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER OF THE MANU-
   21  FACTURED HOME;
   22    (II) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO FAR  AS  THE
   23  FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
   24  NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
   25  NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND  WHETHER  IT  IS  NEW  OR
   26  USED;
   27    (III)  A STATEMENT OF BOOK NUMBER, PAGE NUMBER AND DATE OF RECORDATION
   28  OF THE AFFIDAVIT OF AFFIXATION;
   29    (IV) A STATEMENT OF EITHER, (A) ANY FACTS OR INFORMATION KNOWN TO  THE
   30  AFFIANT  THAT  COULD  REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
   31  MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTER-
   32  ESTS  IN  IT,  OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO THE
   33  AFFIANT;
   34    (V) A SWORN DECLARATION BY AN ATTORNEY-AT-LAW, DULY ADMITTED TO  PRAC-
   35  TICE  IN  THE  COURTS OF THE STATE OF NEW YORK, OR AN AGENT OF THE TITLE
   36  INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE  IN
   37  THE  STATE  OF  NEW YORK THAT THE MANUFACTURED HOME IS FREE AND CLEAR OF
   38  ALL LIENS AND ENCUMBRANCES, AND (A) ANY FACTS OR  INFORMATION  KNOWN  TO
   39  HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
   40  MANUFACTURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTER-
   41  ESTS IN IT; OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO HIM OR
   42  HER; AND
   43    (VI) THE NAME AND ADDRESS OF THE PERSON DESIGNATED FOR  RECORDING  THE
   44  AFFIDAVIT  OF SEVERANCE WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
   45  THE RECORDING OFFICER SHALL DELIVER THE AFFIDAVIT OF SEVERANCE AFTER  IT
   46  HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
   47  SECTION.
   48    (B) THE AFFIDAVIT OF SEVERANCE SHALL BE IN THE FORM SET FORTH IN PARA-
   49  GRAPH (C) OF THIS SUBDIVISION DULY ACKNOWLEDGED OR PROVED IN LIKE MANNER
   50  AS  TO  ENTITLE  A CONVEYANCE TO BE RECORDED AND WHEN SO ACKNOWLEDGED OR
   51  PROVED, UPON PAYMENT OF THE LAWFUL FEES THEREFOR, SUCH RECORDING OFFICER
   52  SHALL IMMEDIATELY CAUSE THE AFFIDAVIT AND ANY ATTACHMENTS THERETO, TO BE
   53  DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
   54    (C) THE AFFIDAVIT OF SEVERANCE SHALL CONFORM TO  THE  REQUIREMENTS  OF
   55  THIS  SECTION.  AN AFFIDAVIT OF SEVERANCE IN SUBSTANTIALLY THE FOLLOWING
   56  FORM SHALL BE DEEMED TO BE IN COMPLIANCE:
       S. 520                             13                             A. 397
    1                              MANUFACTURED HOME
    2                           AFFIDAVIT OF SEVERANCE
    3  STATE OF ___________________ )
    4                               ) SS.:
    5  COUNTY OF __________________ )
    6  BEFORE  ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY PERSONALLY
    7  APPEARED
    8  ____________________________
    9  HOMEOWNER #1
   10  ____________________________
   11  HOMEOWNER #2
   12  ____________________________
   13  HOMEOWNER #3
   14  ____________________________
   15  HOMEOWNER #4
   16        {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:
   17  KNOWN TO ME TO BE THE PERSON(S) WHOSE NAME(S)  IS/ARE  SUBSCRIBED  BELOW
   18  (EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
   19  HIS OR HER OATH STATE AS FOLLOWS:
   20  1.  THE HOMEOWNER(S) RESIDE AT THE FOLLOWING ADDRESS:
   21  ________________________________________________________________________
   22  STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE
   23  MAILING ADDRESS, IF DIFFERENT:
   24  ________________________________________________________________________
   25  STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE
   26  2.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:
   27  ________________________________________________________________________
   28  NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
   29                       NAME        AND MODEL    SERIAL NO.
   30                                      NO.
   31  3.  THE HOME IS OR WAS LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":
   32  ________________________________________________________________________
   33  STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE
   34  4.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY FROM WHICH THE HOME IS OR
   35      WILL BE SEVERED ("LAND") IS:
   36  ________________________________________________________________________
   37  ________________________________________________________________________
   38  ________________________________________________________________________
       S. 520                             14                             A. 397
    1  ________________________________________________________________________
    2  5.  AN AFFIDAVIT OF AFFIXATION WAS DULY RECORDED IN THE BOOK OF DEEDS OF
    3      _____________ COUNTY ON _____________, IN BOOK NUMBER ______ AT PAGE
    4      NUMBER ______.
    5  6.  THE  HOME  IS  SUBJECT  TO THE FOLLOWING SECURITY INTERESTS (EACH, A
    6      "SECURITY INTEREST"):
    7      NAME OF LIENHOLDER:              NAME OF LIENHOLDER:
    8      ADDRESS:                         ADDRESS:
    9      ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
   10      AMOUNT SECURED:                  AMOUNT SECURED:
   11  7.  OTHER THAN THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER  IS  NOT
   12      AWARE  OF  (I)  ANY  OTHER  CLAIM, LIEN OR ENCUMBRANCE AFFECTING THE
   13      HOME, (II) ANY FACTS OR INFORMATION  KNOWN  TO  THE  APPLICANT  THAT
   14      COULD  REASONABLY  AFFECT  THE VALIDITY OF THE TITLE OF THE MANUFAC-
   15      TURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTERESTS
   16      IN IT.
   17  8.  THE SWORN STATEMENT OF AN ATTORNEY AT LAW, DULY ADMITTED TO PRACTICE
   18      IN  THE  COURTS  OF  THE  STATE  OF NEW YORK, OR AN AGENT OF A TITLE
   19      INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE
   20      IN THE STATE OF NEW YORK IS  ATTACHED  ("SEVERANCE  CERTIFICATION").
   21      THE  SEVERANCE  CERTIFICATION  STATES  THAT THE MANUFACTURED HOME IS
   22      FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, AND (A) ANY  FACTS  OR
   23      INFORMATION  KNOWN  TO HIM THAT COULD REASONABLY AFFECT THE VALIDITY
   24      OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-EXIS-
   25      TENCE  OF  SECURITY  INTERESTS  IN  IT; OR (B) THAT NO SUCH FACTS OR
   26      INFORMATION ARE KNOWN TO HIM.
   27  9.  THE HOMEOWNER DESIGNATES THE FOLLOWING PERSON TO RECORD  THIS  MANU-
   28      FACTURED HOME AFFIDAVIT OF SEVERANCE AND UPON ITS RECORDING IT SHALL
   29      BE  RETURNED  BY  THE RECORDING OFFICER IN THE REAL PROPERTY RECORDS
   30      WHERE THE HOME IS TO BE LOCATED TO SAME:
   31      NAME:
   32      ADDRESS:
   33  10. THIS AFFIDAVIT IS EXECUTED BY HOMEOWNER(S)  PURSUANT  TO  APPLICABLE
   34      STATE LAW.
   35  IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
   36  ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
   37  DAY OF ____________, ______.
   38  ____________________________ (SEAL)     ________________________________
   39  HOMEOWNER #1                            WITNESS
   40  ____________________________
   41  PRINTED NAME
       S. 520                             15                             A. 397
    1  ____________________________ (SEAL)     ________________________________
    2  HOMEOWNER #2                            WITNESS
    3  ____________________________
    4  PRINTED NAME
    5  ____________________________ (SEAL)     ________________________________
    6  HOMEOWNER #3                            WITNESS
    7  ____________________________
    8  PRINTED NAME
    9  ____________________________ (SEAL)     ________________________________
   10  HOMEOWNER #4                            WITNESS
   11  ____________________________
   12  PRINTED NAME
   13  STATE OF ___________________ )
   14                               ) SS.:
   15  COUNTY OF __________________ )
   16    ON  THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME, THE
   17  UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, 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  ATTENTION COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR  ARE
   34  TO  BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED FOR
   35  RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
   36    (D)  THE  FEE  FOR  RECORDING  AN  AFFIDAVIT  OF  SEVERANCE  SHALL  BE
   37  TWENTY-FIVE DOLLARS.
   38    10.  DOCUMENTS HELD IN TRUST.  THE ORIGINAL MANUFACTURER'S CERTIFICATE
   39  OF ORIGIN, OR ANY LIEN RELEASE DOCUMENTS MAY BE DELIVERED TO ANY  PERSON
   40  TO FACILITATE CONVEYING OR ENCUMBERING THE MANUFACTURED HOME. ANY PERSON
   41  RECEIVING  ANY  SUCH DOCUMENTS SO DELIVERED HOLDS THE DOCUMENTS IN TRUST
   42  FOR THAT LIENHOLDER.
   43    11. DAMAGES FOR FAILURE TO COMPLY WITH THIS  SECTION.    EACH  PERSON,
   44  OTHER  THAN  A COUNTY CLERK OR THE COMMISSIONER OF MOTOR VEHICLES, KNOW-
       S. 520                             16                             A. 397
    1  INGLY AND WILLINGLY EXECUTING, RECORDING  OR  FILING  ANY  AFFIDAVIT  OF
    2  AFFIXATION,  AFFIDAVIT  OF  SEVERANCE OR ANY LIEN RELEASE DOCUMENT WHICH
    3  FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION,  OR  STATES  ANY
    4  FACT  FINALLY  DETERMINED  BY  A  COURT  OF COMPETENT JURISDICTION TO BE
    5  UNTRUE, OR FAILS TO STATE ANY FACT, THE OMISSION  OF  WHICH  IS  FINALLY
    6  DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE MATERIAL, SHALL BE
    7  STRICTLY LIABLE, JOINTLY AND SEVERALLY, TO ANY PERSON DAMAGED THEREBY.
    8    S  11.  This act shall take effect January 1, 2016; provided, however,
    9  that the commissioner of motor vehicles shall promulgate  any  rules  or
   10  regulations  necessary  for  the timely implementation of this act on or
   11  before such date.