N.Y. Real Property Law § 344-c: Affidavit 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.