Content Overview
Guide to Writing Affidavit of Affixture
Filling out the Affidavit of Affixture form is an important step in establishing the legal status of your manufactured home. Once completed, you will need to submit it to the appropriate local authority to ensure your home is properly recorded. Follow these steps to fill out the form accurately.
- Obtain the Form: Get a copy of the Affidavit of Affixture form from your local county office or download it from their website.
- Provide Your Information: Fill in your name, address, and contact information at the top of the form.
- Property Details: Enter the property address where the manufactured home is located.
- Home Information: Include details about the manufactured home, such as the make, model, and serial number.
- Ownership Verification: State your ownership status and provide any necessary documentation that proves your ownership.
- Sign the Affidavit: Sign and date the form in the designated area. Make sure your signature matches the name you provided.
- Notarization: Have the affidavit notarized. This step adds credibility and ensures the document is legally binding.
- Submit the Form: Deliver the completed and notarized affidavit to the appropriate local office. Keep a copy for your records.
PDF Form Specs
| Fact Name | Description |
|---|---|
| Definition | An Affidavit of Affixture is a legal document that establishes a manufactured home as a permanent fixture to real property. |
| Purpose | This form is used to convert a manufactured home from personal property to real property, allowing it to be treated like a traditional home for legal and tax purposes. |
| Governing Law | The specific laws governing the Affidavit of Affixture vary by state. For example, in California, it is governed by California Civil Code Section 18551. |
| Filing Requirements | Typically, the affidavit must be filed with the county recorder's office where the property is located. |
| Signature Requirements | The form usually requires signatures from the property owner and a notary public to verify authenticity. |
| Impact on Title | Once filed, the affidavit affects the title of the manufactured home, making it subject to property taxes rather than personal property taxes. |
| State Variations | Different states may have unique requirements or additional forms that must accompany the Affidavit of Affixture. |
| Legal Consequences | Filing the affidavit incorrectly can lead to legal disputes regarding ownership and tax responsibilities. |
| Revocation | In some states, it is possible to revoke the Affidavit of Affixture, but this process typically requires additional documentation and filing. |
FAQ
What is an Affidavit of Affixture?
An Affidavit of Affixture is a legal document that establishes a manufactured home as a permanent fixture on a piece of real estate. This form is typically used to convert the status of a mobile home from personal property to real property, which can help in obtaining financing or selling the property in the future.
When do I need to file an Affidavit of Affixture?
You should file an Affidavit of Affixture when you have placed a manufactured home on a permanent foundation and intend for it to be considered part of the real estate. This is particularly important if you plan to sell the property or seek financing, as lenders often require this documentation to secure loans.
What information is required on the Affidavit of Affixture?
The Affidavit of Affixture typically requires the following information:
- The name and address of the property owner.
- The legal description of the property.
- The identification details of the manufactured home, including its serial number.
- A statement confirming that the home is permanently affixed to the property.
- The signatures of the property owner and a notary public.
How do I complete the Affidavit of Affixture?
To complete the Affidavit of Affixture, follow these steps:
- Gather all necessary information about the property and the manufactured home.
- Fill out the form accurately, ensuring all details are correct.
- Sign the affidavit in the presence of a notary public.
- File the completed document with your local county recorder or assessor’s office.
What are the benefits of filing an Affidavit of Affixture?
Filing an Affidavit of Affixture provides several benefits, including:
- Legal recognition of the manufactured home as part of the real estate.
- Increased property value, as the home is now considered real property.
- Improved financing options, as lenders are more likely to provide loans for real property.
- Simplified selling process, since buyers may prefer properties with permanent fixtures.
Can I revoke an Affidavit of Affixture?
Yes, it is possible to revoke an Affidavit of Affixture. To do so, you must file a document that formally cancels the affidavit with the appropriate county office. This process may vary by state, so it’s advisable to check local regulations and requirements.
Where can I obtain an Affidavit of Affixture form?
You can obtain an Affidavit of Affixture form from various sources, including:
- Your local county recorder or assessor’s office.
- State government websites that provide legal forms.
- Legal document preparation services that offer templates.
Other Affidavit of Affixture Templates:
Identification Affidavit of Identity - Provides clarity and consensus on an individual’s identity.
To obtain the necessary documentation for the delivery of legal papers, individuals often refer to resources like UsaLawDocs.com, which provides helpful templates and guidance on completing the California Affidavit of Service form accurately and in compliance with legal standards.
Palm Beach County Declaration of Domicile - This document may come with specific state guidelines for submission.
Affidavit of Affixture Example
Affidavit of Affixture
State of [Your State]
County of [Your County]
Before me, the undersigned authority, on this day personally appeared [Affiant's Name], who is known to me or proved to me under oath to be the person whose name is subscribed to the following instrument:
I, [Affiant's Name], being duly sworn, do hereby depose and state under penalty of perjury that the following facts are true:
- Property Description: The property subject to this Affidavit is located at [Property Address], and is legally described as follows: [Legal Description].
- Owner Information: The owner of the property is [Property Owner's Name], whose current mailing address is [Owner's Address].
- Affixture Details: The following manufactured home has been affixed to the above-described property:
- Make: [Make]
- Model: [Model]
- Year: [Year]
- VIN: [Vehicle Identification Number]
- Affidavit Purpose: This affidavit serves to declare that the manufactured home has been permanently attached to the real property and affixed in accordance with applicable state laws.
This affidavit is made for the purpose of establishing the basing of title and for compliance with [State Law Reference].
Further affiant sayeth not.
______________________________
[Affiant's Name]
Sworn to and subscribed before me on this [Day] day of [Month], [Year].
______________________________
Notary Public
My Commission Expires: [Commission Expiration]