Affidavit of Affixture

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.

What Should an Affidavit of Affixture Include?

The following information should be in every affidavit of affixture.

  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.

Why Is the Affidavit of Affixture Important?

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:

  • 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

How to Record the Affidavit of Affixture

To be eligible for FHA financing, a mobile home owner should go through the following steps:

  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.

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

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.

  • 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
Published: May 25, 2021