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The Affidavit of Affixture is a legal document used to establish that a manufactured home has been permanently affixed to a piece of land, thereby transforming it into real property. This form is essential for homeowners seeking to clarify the status of their property and facilitate future transactions. Ready to take the next step? Fill out the form by clicking the button below.

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The Affidavit of Affixture is an essential document for homeowners and property owners who wish to establish the legal status of a manufactured or mobile home. This form serves to indicate that a mobile home is permanently affixed to real property, thus transforming its classification from personal property to real estate. By completing this affidavit, owners can streamline the process of securing financing, selling the property, or transferring ownership. It includes critical information such as the property’s legal description, the home’s identification details, and the signatures of the involved parties. Additionally, the affidavit must be filed with the appropriate local government office, ensuring that the change in status is officially recognized. Understanding the nuances of this form is crucial for anyone looking to navigate the complexities of property ownership effectively. Timely submission of the Affidavit of Affixture can prevent potential legal issues and facilitate smoother transactions in the future.

Sample - Affidavit of Affixture Form

Affidavit of Affixture

This Affidavit of Affixture is made under the laws of the State of [State Name] and serves to confirm that the personal property described herein has been permanently affixed to real property.

Affiant's Information:

Name: ____________________________
Address: __________________________
City, State, Zip: ________________
Email: ___________________________
Phone Number: ____________________

Description of Personal Property:

Type of Property: ___________________
Model: ____________________________
Serial Number: ____________________
Location on Real Property: __________

Real Property Information:

Property Owner's Name: _____________
Property Address: ___________________
City, State, Zip: _________________

I, [Affiant's Name], being duly sworn, depose and say:

That I am the owner or authorized representative of the property described above.
That the personal property has been affixed to the real estate as stated.
That this affidavit is made for the purpose of ensuring proper record keeping and title documentation.

Executed this ___ day of __________, 20__.

Affiant's Signature: ______________________

Witness Signature: ______________________

Notary Public:

State of [State Name]

County of ____________________

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

__________________________________

Notary Public

My commission expires: ____________

Document Information

Fact Name	Description
Purpose	The Affidavit of Affixture form is used to legally attach a mobile home to real property, converting it from personal property to real estate.
Governing Law	In the United States, the use of the Affidavit of Affixture is governed by state laws, which vary by jurisdiction. For example, in California, it is governed by the California Civil Code Section 18551.
Signatories	The form typically requires signatures from the property owner and a notary public to validate the document.
Filing Requirements	After completion, the affidavit must be filed with the local county recorder's office to ensure public record and legal recognition.
Impact on Taxes	Filing the Affidavit of Affixture may change the tax status of the mobile home, often resulting in property taxes instead of personal property taxes.

Fill out Other Types of Affidavit of Affixture Templates

Letter to Confirm Residence - This statement is a key document for certain loan applications.

For further assistance and detailed guidance on completing the Texas Affidavit of Residency form, you can visit the following resource: https://letterofresidency.com/texas-affidavit-of-residency-online, which provides helpful information on the process and requirements.

Misconceptions

The Affidavit of Affixture is a document often misunderstood by many. This form plays a crucial role in the legal process regarding mobile homes and their classification as real property. Below are ten common misconceptions about this form, along with clarifications to help demystify its purpose and function.

It is only for mobile homes. While primarily associated with mobile homes, the Affidavit of Affixture can also apply to other types of manufactured structures.
Filing the form automatically converts personal property to real property. Filing the affidavit is a necessary step, but it does not guarantee conversion without meeting other legal requirements.
Anyone can file the Affidavit of Affixture. Typically, the owner of the mobile home or their authorized agent must file the document.
The form is the same in every state. Each state has its own regulations and requirements regarding the Affidavit of Affixture, so it's important to check local laws.
It eliminates all property taxes. While converting a mobile home to real property may change tax assessments, it does not exempt the owner from property taxes.
Once filed, the form cannot be revoked. In some cases, it is possible to revoke the affidavit, but this process requires following specific legal procedures.
The affidavit needs to be notarized. While many jurisdictions require notarization, not all do. Always verify local requirements.
It is only relevant for buyers and sellers. The Affidavit of Affixture is also important for lenders and insurance companies, as it affects property rights.
Filing the form is a one-time process. Changes in ownership or property status may necessitate additional filings or updates to the affidavit.
It guarantees financing for the property. While it can help in securing loans, lenders may have additional criteria beyond the affidavit.

Understanding these misconceptions can help individuals navigate the complexities of property ownership and ensure they are making informed decisions regarding the Affidavit of Affixture.

Documents used along the form

The Affidavit of Affixture is an important document used in the process of securing a manufactured home to real property. It serves to establish the home as a permanent fixture, thus enabling the owner to treat it as part of the real estate. However, several other forms and documents often accompany the Affidavit of Affixture to ensure a smooth transaction and compliance with local regulations. Below is a list of these related documents.

Title Transfer Document: This document is essential for transferring ownership of the manufactured home from the seller to the buyer. It includes details about the property and the parties involved, ensuring that the title reflects the new ownership.
Bill of Sale: A Bill of Sale serves as a receipt for the transaction. It outlines the sale of the manufactured home, including the purchase price and any terms agreed upon by both parties. This document provides proof of the transfer of ownership.
Property Deed: The Property Deed is a legal document that conveys the ownership of the land where the manufactured home is affixed. It includes a description of the property and is crucial for establishing legal ownership.
Site Plan: A Site Plan is a detailed drawing that shows the layout of the property, including the location of the manufactured home. This document is often required by local authorities to ensure compliance with zoning laws and regulations.
Residency Affidavit: This form is crucial for verifying a person's residency and may be needed for various purposes, such as enrolling in schools or obtaining certain benefits. For more information, refer to the Residency Affidavit.
Certificate of Occupancy: This certificate is issued by local building authorities after the manufactured home has been installed and inspected. It confirms that the home meets all safety and zoning requirements, allowing the owner to legally occupy the property.

Each of these documents plays a vital role in the process of affixing a manufactured home to real property. Together, they help to establish clear ownership, ensure compliance with local laws, and protect the interests of all parties involved in the transaction.