An affidavit of affixture is a document that affirms that a manufactured home is permanently affixed to the land. The document is meant to show that a person who has a mobile home in their ownership has affixed it to the land to eliminate the possibility of relocation.
The fillable affidavit form should be filed with the county recorder of the county where the land is located. When a mobile home is permanently affixed to land and the affidavit is recorded in the respective agency, the mobile home will be deemed real estate improvement and give its owner the respective rights.
The following information should be in every affidavit of affixture.
The importance of creating an affidavit of affixture is connected with seeking residential financing. To be eligible for getting a FHA loan, a manufactured home has to fall under the category of real property. But if a mobile home is not affixed to a land, a home is treated as mobile and is considered a vehicle that has a separate title from the land.
The affidavit is a proof that a mobile home owner has affixed their vehicle to the land on a permanent basis. It should be appropriately filled in and recorded to make a mobile home get a status of real property. If the document is not recorded, there will be two separate titles – one for the land where the manufactured home is located and one for the home itself.
When a person applies for getting an FHA mortgage, the lending party will turn to the title company for the issuance of a specific title policy form which is meant to prove that the mobile home is affixed to the land on a permanent basis. If the title company does not issue this form, the owner of the manufactured home will not meet FHA requirements and consequently, get the loan.
This way, one of the unbeatable benefits of creating and recording the affidavit of affixture is being able to get more advantageous financing options for a homeowner. In the case a mobile home is not affixed to the land, loans for manufactured homes and residential mortgages are essentially different legal agreements. But if a permanent affixture took place, a mobile home is no longer the subject of a loan for a manufactured home and becomes real property. Then, the property owner gets the following benefits:
To be eligible for FHA financing, a mobile home owner should go through the following steps:
Please note that you should keep the right order if you want your affidavit to be recorded properly: first, you should certify the document by your state and only then record it with the county. If you don’t follow the order, the affidavit will not be considered valid.
There are certain requirements for recording an affidavit of affixture with the county clerk office if a person owning a mobile home installs it in a mobile home park on land that a person does not own.