Affidavit of Affixture Form

An affidavit of affixture form is a sworn statement that a manufactured home is permanently attached to the land it sits on. It shows that the owner has affixed the home to the land so that it will not be relocated. The fillable affidavit form should be filed with the county recorder of the county where the land is located.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.

Affidavit of affixture form

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What Should an Affidavit of Affixture Include?

The details an affidavit of affixture needs depend on where the home sits, so the list below is a general guide. A typical affidavit of affixture includes the following information, and your local office can confirm anything extra.

  1. The VIN number of the manufactured home
  2. The legal description of the land which is used as a fixator for the mobile home. It should be completed by the owner and go along with the County Assessor’s parcel number for the land where the manufactured home is located. For homes that are to be located in mobile parks, the legal description of the space should be included.
  3. Information about property taxation. This section should include the information about whether or not the mobile home has been previously taxed. The needed tax information that should be included here can be typically requested from the local treasurer’s office or local assessor’s office.
  4. A sworn statement that the manufactured home was not evaluated and taxed in the state yet under the category of a personal property. Alternatively, the name of the person who got the last tax statement for the manufactured home should be mentioned along with the location of the home itself.

State rules differ. In 26 of the 40 states FormsPal's verified state data covers, state law lists what the affidavit must contain. In 2 of the 40 states covered, the affidavit must also say whether the home is subject to a security interest or lien. 2 of the 40 states covered have no statute on what the affidavit must contain. Check the rules for your state before you sign.

Why Is the Affidavit of Affixture Important?

An affidavit of affixture matters most when you want a mortgage. To be eligible for a Federal Housing Administration (FHA) loan, a manufactured home has to fall under the category of real property. A home that is not affixed to land is treated as mobile. It is considered a vehicle with a separate title from the land.

The affidavit is proof that the owner has affixed the home to the land on a permanent basis. It should be filled in correctly and recorded to give the home the status of real property. If the document is not recorded, there are two separate titles. One is for the land, and one is for the home.

In 35 of the 40 states FormsPal's verified state data covers, state law sets out when a manufactured home becomes real property. In 35 of the 40 states covered, it also sets rules for recording the affidavit. The exact steps depend on the state where the land is located.

When you apply for an FHA mortgage, the lender turns to a title company. The title company issues a specific title policy form. That form proves the home is affixed to the land on a permanent basis. If the title company does not issue it, the owner will not meet FHA requirements and cannot get the loan.

Recording the affidavit can also open up better financing options. If a mobile home is not affixed to the land, loans for manufactured homes and residential mortgages are different legal agreements. Once the home is permanently affixed, it is no longer the subject of a manufactured home loan and becomes real property. The owner then gets these benefits:

  • being eligible for FHA mortgage with very competitive rates
  • being able to get 30 and 15 year fixed loans
  • being able to take part in home purchase and refinance programs
  • having opportunity to sell the home to potential buyers with more ease
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How to Record the Affidavit of Affixture

Recording is how the affidavit becomes part of the public land records. In 35 of the 40 states FormsPal's verified state data covers, state law sets rules for recording the affidavit, and the steps differ by state. To be eligible for FHA financing, a mobile home owner should go through the steps below:

  1. Fill in and send the affidavit of affixture to be certified by the state of mobile home location (it should be sent to the state along with the original title and an application fee that will depend on the state; in addition, the legal description of where the property is located needs to be provided  – it can be located on the deed at the local county recorder’s or assessor’s office).
  2. Get the affidavit back once the state certifies the document (it usually takes around 7-10 business days)
  3. Take the state certified affidavit of affixture to the local county office with the intention to record it

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.

Before you record, ask the office that handles recordings in your county what it needs from you.

In 2 of the 40 states FormsPal's verified state data covers, state law requires the owner's signature on the affidavit to be acknowledged. 3 of the 40 states covered have no statute on recording the affidavit.

How Do State Rules Compare?

State law deals with an affidavit of affixture in different ways. The table shows how many of the 40 states FormsPal's verified state data covers have a rule on each part of the process. Use it as a general guide, then check the rules for your own state.

Part of the processStates with a rule (out of 40)
Recording the affidavit35
When the home becomes real property35
What the affidavit must contain26
Title surrender25
Detaching the home again (severance)17

Common Mistakes to Avoid

A few simple slips can hold up an affidavit of affixture form, especially when a lender or title company is waiting on it. These are the common mistakes to avoid when you prepare and record yours:

  • Using a form built for a different state than the one where the land is located
  • Leaving out the VIN or the legal description of the land
  • Guessing the tax details instead of asking the local treasurer's or assessor's office
  • Waiting until the FHA lender asks for proof that the home is affixed

Frequently Asked Questions

Do You Have to Surrender the Title?

A manufactured home that is not affixed has its own title, separate from the land. What happens to that title when the home becomes real property depends on the state. In 25 of the 40 states FormsPal's verified state data covers, state law requires the owner to surrender the certificate of title.

In 6 of the 40 states covered, state law allows the owner to surrender it. 2 of the 40 states covered have no statute on title surrender.

What If a Mobile Home is Located in a Mobile Home Park?

A mobile home in a mobile home park can sit on land the owner does not own. Recording an affidavit of affixture for that kind of home has extra requirements with the county clerk's office. These requirements apply when a person owning a mobile home installs it in a mobile home park on land that person does not own.

  • the manufactured home was placed with all wheels and axles removed according to local standards with regards to mobile homes installation
  • there is a lease signed both by the mobile home owner and the owner of the land where the mobile home is located which is set for a certain term and permits the recording of an affidavit of affixture
  • there is a memorandum of lease recorded before filing the affidavit that has signatures of both the landlord and tenant and that are acknowledged

Can You Undo an Affidavit of Affixture?

An owner who wants to detach the home from the land again goes through severance. In 17 of the 40 states FormsPal's verified state data covers, state law names the document used to detach the home again.

In 4 of the 40 states covered, state law also lists what the severance affidavit must contain. In 2 of the 40 states covered, state law says when the home stops being real property. 2 of the 40 states covered have no statute on severance.

What is an affidavit of affixture?

An affidavit of affixture is a sworn statement that a manufactured home is permanently attached to a piece of land. Owners sign it to show the home is not meant to be moved. A lender or title company may ask to see it when the home is financed or sold.

Can I fill out an affidavit of affixture form online?

Yes. FormsPal's affidavit of affixture form asks a few questions about your home and your land, then builds the document for you. You can save your progress, finish on any device, and download or print the result.

Is the affidavit of affixture the same everywhere?

No. The state where the land is located shapes what the affidavit says, when the home counts as real property, and how the affidavit is recorded. Check the rules for your state before you sign.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
Published: May 4, 2022