Free Affidavit of Affixture Template

The Affidavit of Affixture form is a legal document that serves to declare a manufactured or mobile home as a permanent fixture to the land it occupies. This form is essential for establishing the property rights associated with the home, ensuring it is treated as real property rather than personal property. If you're ready to move forward, fill out the form by clicking the button below.

Outline

The Affidavit of Affixture form plays a critical role in various real estate transactions, particularly those involving manufactured homes. This document serves as a formal declaration that a mobile or manufactured home has been permanently affixed to a piece of land, transforming its legal status from personal property to real property. When this conversion takes place, it can significantly affect financing options, property taxes, and transferability. By filling out the Affidavit of Affixture, homeowners ensure that their property is recognized appropriately by local authorities and financial institutions. It generally includes important information such as the property’s legal description, the home’s identification number, and relevant details about the land and owner. Understanding each element of this document not only supports smoother transactions but also fosters better informed decisions for homeowners and prospective buyers alike.

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Affidavit of Affixture

This Affidavit of Affixture is made pursuant to the laws of the State of __________ (insert state name) to affirm the conversion of a manufactured home to real property.

1. Affiant Information:

Name: ______________________________________

Address: ______________________________________

City, State, Zip: ______________________________

Phone Number: _________________________________

2. Property Information:

Location of Manufactured Home:

Address: ______________________________________

City, State, Zip: ______________________________

Parcel Number: _________________________________

3. Description of Manufactured Home:

Make: ______________________________________
Model: ______________________________________
Year: ______________________________________
VIN (Vehicle Identification Number): ________

This Affidavit serves to inform that the manufactured home described above has been permanently affixed to the land and constitutes real property as of the date below.

4. Affiant’s Acknowledgment:

The undersigned affiant affirms that the information in this affidavit is true and accurate to the best of their knowledge.

Signature: ______________________________________

Date: __________________________________________

5. Notary Public:

State of ____________ (insert state name)

County of __________________________

Subscribed and sworn before me this ____ day of __________, 20__.

Notary Public: ______________________________

My Commission Expires: _____________________

➤ PDF File

Form Attributes

Fact Name	Description
Purpose	The Affidavit of Affixture officially designates a manufactured home as a fixture to real property, ensuring it can be treated as part of the land.
Governing Law	This form is governed by state property laws. For example, in California, it is governed under the California Civil Code, Section 1993.
Requirements	Completing this affidavit typically requires information like the home’s serial number, the address of the property, and signatures from the property owner and authorized parties.
Filing Process	After completion, the affidavit must be filed with the county recorder’s office. This step is crucial for legal recognition.
Implications	Once filed, the home is treated as real property, which can affect property taxes and resale value, and it may eliminate the need for a title.
State Variations	Different states have unique forms and requirements. For instance, Texas uses Form 12-16-105 for this process, following Texas Property Code, Section 1201.

How to Use Affidavit of Affixture

After gathering the necessary information, you can proceed to fill out the Affidavit of Affixture form. Completing this form correctly is essential for ensuring that your property records are updated appropriately.

Obtain the Affidavit of Affixture form from your local government office or download it from their official website.
Begin by filling in your name in the designated area as the affiant, followed by your address and contact information.
Identify the property in question. Include the property address and any identifying numbers, such as the parcel number.
Specify the details of the structure affixed to the property. Indicate the type of structure and any relevant construction details, such as size and materials.
Provide a description of the previous ownership and how long you have owned the property. Include the date of acquisition.
Sign the form in the signature block, acknowledging the truthfulness of the information provided.
Obtain a notary public's signature to validate your affidavit. Ensure the notary fills in their information, including their seal.
Review the completed form for accuracy before submission.
Submit the signed and notarized form to the appropriate local government office, along with any required fees.

Key Facts about Affidavit of Affixture

What is an Affidavit of Affixture?

An Affidavit of Affixture is a legal document used to formally establish that a mobile home has been affixed to a property. This indicates that the mobile home is no longer considered personal property but has become a permanent fixture on the land.

Why do I need an Affidavit of Affixture?

This affidavit is important for several reasons. It allows you to convert a mobile home from personal property to real property, which can simplify selling the home or transferring ownership. Additionally, it is often required by lenders for mortgage purposes.

Who can file an Affidavit of Affixture?

The owner of the mobile home or an authorized representative can file the Affidavit of Affixture. In some cases, lenders may also require involvement if they have a lien on the property.

Where do I file an Affidavit of Affixture?

The affidavit should be filed with the local county clerk’s office or the appropriate land records office in your jurisdiction. This filing process helps to officially document the conversion of the property status.

What information is included in an Affidavit of Affixture?

The affidavit typically includes details about the mobile home, such as its make, model, and Vehicle Identification Number (VIN). It also requires information about the property where the home is situated, along with signatures from the owner and any necessary witnesses or notarization.

Are there fees associated with filing the Affidavit of Affixture?

Yes, there are usually filing fees required to process the affidavit. The amount can vary by locality, so it is best to check with your local office for specific fee details.

What happens after I file the Affidavit of Affixture?

Once filed, the Affidavit of Affixture becomes part of the public record. It may take some time for the filing to be processed, but once completed, you will have proof that your mobile home is now considered real property.

Can I revoke an Affidavit of Affixture?

Revocation is possible, but it typically involves a separate legal process. You may need to petition for the original status of the mobile home to be reinstated as personal property, which could be subject to local regulations.

What if I move my mobile home to a different property?

If you relocate your mobile home, you will generally need to file a new Affidavit of Affixture for the new property where it will be affixed. Ensure that you check local laws regarding reaffixing and filing requirements.

Is it necessary to have a lawyer to file an Affidavit of Affixture?

While it is not strictly necessary to hire a lawyer, consulting with one can be beneficial, especially if you have questions or concerns about the process. They can provide guidance and ensure all legal requirements are met.

Common mistakes

When filling out the Affidavit of Affixture form, many individuals encounter pitfalls that can delay their process or lead to complications. One common mistake is not providing complete and accurate property information. This section requires specific details about the property, such as the legal description, tax ID, and location. Missing information can result in the form being rejected or returned for corrections.

Another frequent error relates to signatures. All parties involved must sign the affidavit, and it is essential that all signatures are in the correct places. Omitting a signature or having the wrong person sign can invalidate the document. Make sure to double-check that all required signatures are present before submission.

Additionally, some people fail to follow the correct filing procedures. Each state may have different requirements for submitting the Affidavit of Affixture. Whether it must be notarized or submitted to a specific office, understanding these nuances is crucial. Ignoring these steps can lead to legal challenges.

Finally, a lack of attention to detail in the notarization section can cause issues. Notaries must witness signatures and provide their official stamp. If a person incorrectly fills out the notary information or fails to have it completed properly, the affidavit cannot be considered valid. Ensuring proper notarization is essential for the document's acceptance.

Documents used along the form

The Affidavit of Affixture form is an important document used to convert a mobile home into real estate by affirming that the structure is permanently attached to the land. It serves as a connection between the mobile home and the property itself, ensuring that the home is treated as part of the real estate for legal and financial purposes. When filing this affidavit, certain other forms and documents often accompany it to provide necessary information and support the process. Below is a list of additional documents that may be relevant.

Manufacturer’s Certificate of Origin: This document proves the mobile home was manufactured and outlines its specifications. It is often required to verify ownership.
Title Certificate: The title certificate confirms ownership of the mobile home. It may need to be surrendered or marked as canceled once the Affidavit of Affixture is recorded.
Property Survey: A survey provides a visual representation of the property, including boundaries and structures. It helps clarify the exact location of the mobile home on the land.
Land Lease Agreement: If the land is leased rather than owned, this agreement outlines the terms and conditions of the lease associated with the property where the mobile home is located.
Local Building Permit: Obtaining a building permit ensures that any structural modifications meet local codes. It serves as proof that the mobile home has been installed following necessary regulations.
Property Tax Documentation: This may include proof of property taxes and assessments, indicating the mobile home’s integration into the land for tax purposes.
Homeowner’s Insurance Policy: Securing insurance for the mobile home can protect against potential losses. A policy may be required to demonstrate financial responsibility for the property.

Each of these documents plays a crucial role in completing the process surrounding the Affidavit of Affixture. Together, they help establish legal standing, ownership, and compliance with state and local regulations, ensuring a smooth transition for both homeowners and authorities involved.

Similar forms

The Affidavit of Affixture form plays a unique role in property law, particularly when dealing with mobile homes and other structures. However, there are several other documents that share similarities in purpose or function. Here’s a list highlighting nine such documents and how they are alike.

Deed of Trust: This document secures a loan by placing a lien on the property. Just like an Affidavit of Affixture, it establishes legal ownership and can impact property title.
Mortgage Agreement: Similar to a deed of trust, a mortgage agreement is a common way to secure a loan against real property, making it vital for ownership and property rights.
Bill of Sale: A bill of sale documents the transfer of personal property ownership. Like the Affidavit of Affixture, it reflects a shift in ownership status, particularly for mobile homes.
Title Certificate: This document shows ownership of a vehicle or property. It is crucial for establishing legal rights, similar to how the Affidavit of Affixture connects a mobile home to real estate.
Lease Agreement: A lease outlines the rental terms for property use. While it’s not a title document, it addresses rights and responsibilities, just as the Affidavit verifies ownership and affixture.
Property Tax Assessment Form: This form assesses the value of a property for taxation. It engages with ownership and property classification, similar to how affidavits verify the status of structures.
Lien Waiver: This document confirms that a contractor or supplier has been paid for work done on a property. Like the Affidavit, it relates to ownership and property rights.
Homeowners Association (HOA) Agreement: This document outlines the rules and responsibilities of homeowners within a community. It establishes rights much like how an Affidavit of Affixture clarifies ownership issues.
Property Disclosure Statement: This statement details any known issues with a property prior to sale. It’s essential for buyers, just as the Affidavit of Affixture serves to clarify property status for transactions.

Each of these documents serves a specific purpose in the realm of property and ownership, similar to the Affidavit of Affixture in its function to establish or verify ownership and property status.

Dos and Don'ts

Filling out the Affidavit of Affixture form requires careful attention to detail to ensure accuracy and compliance with the law. Below is a list of best practices and common pitfalls to avoid when completing this important document.

Do
Do read the form thoroughly. Every section has specific instructions that must be followed.

Do provide accurate property details, including addresses and legal descriptions. Mistakes can lead to issues later on.

Do sign the affidavit in the presence of a notary public. An unsworn document may not hold up in legal situations.

Do retain copies of the completed affidavit for your records. It is crucial for your personal documentation.

Don't skip any questions on the form. Omitting information can invalidate the affidavit.

Don't use white-out or attempt to alter the text in any way. Corrections should be clearly marked and initialed.

Don't submit the form without double-checking all information for accuracy. Errors can lead to delays and complications.

Don't ignore state-specific requirements that might affect the affidavit's validity. Local regulations vary and must be adhered to.

Misconceptions

The Affidavit of Affixture form can often lead to confusion due to some persistent misconceptions. Here’s a clear look at six common misunderstandings regarding this legal document:

It’s only for mobile homes. Many people believe the Affidavit of Affixture is exclusively for mobile homes. In reality, this document can also apply to other types of manufactured homes. Its primary purpose is to indicate that a home has been permanently affixed to the land, regardless of the home type.

It automatically transfers property ownership. There is a common belief that signing an Affidavit of Affixture grants ownership of the land on which the home sits. However, this is untrue. This form simply establishes the home as a fixture, but it does not change who owns the land or the home.

It's a federal document. Some assume that the Affidavit of Affixture is regulated by federal law. In fact, this form is governed by state laws. Requirements can vary significantly depending on your location, so it's essential to check the specific regulations in your state.

It can be submitted anytime. There’s a misconception that you can file the affidavit at any point after placing the home. However, there are often time constraints. Certain states require the form to be submitted shortly after the home's installation, making timely filing crucial.

Once filed, it can’t be changed. People often think that after submitting the Affidavit of Affixture, they cannot make any adjustments. This is misleading. If there are errors or changes in ownership or status, amendments can typically be made, though the process may require additional documentation.

It’s not legally binding. Some might think the Affidavit of Affixture carries no legal weight. On the contrary, once filed, it serves as a legal declaration of the home’s status. This could impact property taxes, financing, and other legal aspects, emphasizing the importance of accurate and truthful filing.

Understanding these misconceptions can greatly help individuals navigate the process of using the Affidavit of Affixture. It is imperative to gather accurate information and seek assistance if needed to ensure that everything is handled correctly.

Key takeaways

Filling out and using the Affidavit of Affixture form can be a straightforward process if certain points are kept in mind. Below are key takeaways to consider.

The form is primarily used to establish that a mobile home is considered a permanent, affixed structure on real property.

Important information includes details about the mobile home, such as the Vehicle Identification Number (VIN), the address of the real property, and owner signatures.

All parties involved must sign the affidavit, and any applicable local or state regulations should be checked for compliance.

The completed affidavit must be filed with the local property records office to ensure legal recognition of the mobile home's affixed status.

Common Affidavit of Affixture Documents:

No Marriage Certificate - Facilitates eligibility assessment for immigration-related petitions.