Content Overview
The Affidavit of Affixture is a crucial legal document that serves to establish the permanent attachment of a manufactured home to a specific piece of real property. This form plays a significant role in the realm of property law, particularly for homeowners who wish to convert their manufactured homes from personal property to real property status. By completing this affidavit, homeowners can provide clear evidence of their intent to affix the home to the land, which can affect property taxes, financing options, and resale value. The document typically requires detailed information about the manufactured home, including its identification number, the legal description of the land, and the signatures of the property owner and any relevant witnesses. Additionally, the affidavit must be filed with the appropriate local government office, ensuring that the change in status is officially recognized. Understanding the implications and requirements of the Affidavit of Affixture is essential for homeowners seeking to protect their investment and navigate the complexities of property ownership.
Key takeaways
When filling out and using the Affidavit of Affixture form, consider the following key takeaways:
- Understand the Purpose: The Affidavit of Affixture is used to declare that a manufactured home is permanently affixed to real property.
- Gather Required Information: Ensure you have all necessary details, such as property descriptions and identification numbers for the manufactured home.
- Accurate Signatures: All required parties must sign the affidavit. Incomplete signatures can lead to delays or rejection.
- File with the Correct Authority: Submit the completed form to the appropriate local government office to ensure proper recording.
- Keep Copies: Always retain copies of the submitted affidavit for your records. This can be crucial for future property transactions.
Guide to Writing Affidavit of Affixture
After obtaining the Affidavit of Affixture form, it’s important to complete it accurately to ensure proper processing. This document is typically used to affix a mobile home to real property, and filling it out correctly helps establish legal ownership. Follow the steps below to complete the form.
- Begin by entering the date at the top of the form. This is the date you are filling out the affidavit.
- Provide your name and contact information in the designated fields. This includes your address, phone number, and email.
- Identify the property where the mobile home is located. Include the full address, including city, state, and ZIP code.
- Enter the details of the mobile home. This includes the make, model, year, and Vehicle Identification Number (VIN).
- Sign the form in the designated signature area. Ensure your signature is clear and legible.
- Have your signature notarized. A notary public will verify your identity and witness your signature.
- Make copies of the completed form for your records before submitting it.
- Submit the original form to the appropriate local government office, usually the county clerk or assessor's office.
Once the form is submitted, keep an eye out for any correspondence from the local office. They may require additional information or clarification. It's essential to follow up if you do not receive confirmation of processing within a reasonable timeframe.
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Form Preview Example
Affidavit of Affixture
This Affidavit of Affixture is made in accordance with the laws of the State of [State Name].
I, [Affiant Name], being duly sworn, depose and say:
- That I am the owner of a mobile home situated on the property located at [Property Address], hereinafter referred to as “the Property.”
- That the mobile home is identified as [Mobile Home Identification Number].
- That the mobile home has been permanently affixed to the Property on or about [Date of Affixture].
- That I intend for the mobile home to be treated as real property under the laws of the State of [State Name].
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That the following documents are attached hereto and incorporated by reference:
- [Document Name 1]
- [Document Name 2]
Further, I affirm that:
- The installation of the mobile home meets local codes and regulations.
- The awareness and agreement of all parties have been obtained regarding this affixture.
This affidavit is executed to establish the intent to treat the mobile home as real estate.
Signature: ________________________
Date: _____________________________
Subscribed and sworn to before me this [Date].
Notary Public: ____________________________
My Commission Expires: ___________________
Documents used along the form
The Affidavit of Affixture is a crucial document in the process of establishing the legal status of a manufactured or mobile home as part of the real property. When completing this process, several other forms and documents may be required to ensure compliance with local laws and regulations. Below is a list of commonly used forms that accompany the Affidavit of Affixture.
- Certificate of Title: This document proves ownership of the manufactured or mobile home. It provides essential information about the home, including its identification number and the owner's details.
- Bill of Sale: A Bill of Sale serves as a receipt for the transaction, confirming the sale of the mobile home from the seller to the buyer. It includes details such as the sale price and date.
- Property Deed: The Property Deed outlines the legal ownership of the land where the mobile home is affixed. It includes descriptions of the property and the names of the current owners.
- South Dakota Affidavit of Residency: For those needing verification of residence, the essential South Dakota affidavit of residency requirements clarify the necessary steps to complete this legal documentation.
- Inspection Report: An Inspection Report may be required to confirm that the mobile home meets local building codes and safety standards. This document typically includes findings from a qualified inspector.
- Zoning Compliance Letter: This letter verifies that the property is zoned for the intended use of the mobile home. It ensures that the placement of the home complies with local zoning regulations.
- Affidavit of Ownership: This affidavit is a sworn statement confirming the ownership of the mobile home. It may be necessary to clarify any disputes regarding ownership.
- Tax Clearance Certificate: A Tax Clearance Certificate shows that all property taxes associated with the mobile home and land have been paid. This document is often required to avoid future tax liabilities.
- Site Plan: A Site Plan provides a visual representation of the property layout, showing the location of the mobile home in relation to property boundaries and other structures.
- Utility Connection Agreements: These agreements outline the terms for connecting utilities such as water, electricity, and gas to the mobile home. They ensure that all necessary services are available for occupancy.
Each of these documents plays a vital role in the process of affixing a manufactured or mobile home to real property. Ensuring that all required forms are completed accurately can facilitate a smoother transition and provide legal protection for all parties involved.