Bill Text: IL SB1227 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. Provides that manufactured homes are deemed to be real property. Sets forth certain conditions that must be met to convey or voluntarily encumber a manufactured home as real property. Contains provisions concerning affidavits of affixation and affidavits of severance. Contains provisions concerning security interests and liens. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that the tax imposed on new mobile homes or new manufactured homes located outside of mobile home parks shall be calculated against 40% of the selling price of the home and against 100% of the selling price of any other building materials. Amends the Property Tax Code and the Mobile Home Local Services Tax Act. Makes changes concerning the taxation of mobile homes and manufactured homes located outside of mobile home parks. Amends various Acts to define and include "manufactured homes" and to make changes to provisions concerning registration of manufactured homes and security interests in or liens on manufactured homes. Contains other provisions.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1227 Detail]

Download: Illinois-2011-SB1227-Amended.html

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Sen. David Koehler

Filed: 4/5/2011

09700SB1227sam001 LRB097 07200 HLH 53886 a
AMENDMENT TO SENATE BILL 1227
AMENDMENT NO. ______. Amend Senate Bill 1227 on page 7,
immediately below line 13, by inserting the following:
"(c) An affidavit of affixation shall be in the form set
forth below:
MANUFACTURED HOME
AFFIDAVIT OF AFFIXATION
STATE OF ........................)
)SS.
COUNTY OF .......................)
BEFORE ME, the undersigned Notary Public, on this day
personally appeared ......................... (type the
name(s) of each person signing this Affidavit) known to me to
be the person(s) whose name(s) is/are subscribed below (each a
"Homeowner"), and who, being by me first duly sworn, did each

09700SB1227sam001 - 2 - LRB097 07200 HLH 53886 a
on his or her oath state as follows:
1. Homeowner owns the manufactured home ("Home") described as
follows:
.....................................................
..............................
(New/Used; Year; Manufacturer's Name; Model Name and Model
No.; Manufacturer's VIN No(s).; Length/Width)
2. The Home was built in compliance with the federal
Manufactured Home Construction and Safety Standards (42
U.S.C.A. Ch. 70).
3. If Homeowner is the first retail buyer of the Home,
Homeowner is in receipt of (i) the manufacturer's warranty
for the Home, (ii) the Consumer Manual for the Home, (iii)
the Insulation Disclosure for the Home, (iv) the
formaldehyde health notice, and (v) the Dispute Resolution
Disclosure required by 24 C.F.R. 3288.5.
4. The street address of the real property to which the Home is
or shall be permanently affixed ("Property Address") is:
.............................................................
(Street or Route; City; County; State; Zip Code)
5. The legal description of the real property to which the Home
is or shall be permanently affixed ("Land") is:
..............

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..............................
..............................
..............................
6. Homeowner is the owner of the Land or, if not the owner of
the Land, the Home is not located in a mobile home park, as
defined in Section 2.5 of the Mobile Home Park Act, and
Homeowner is in possession of the Land pursuant to a lease
in recordable form that has a term that continues for at
least 20 years after the date of the execution of this
Affidavit, and the consent of the lessor is attached to
this Affidavit.
7. The Home is or shall be assessed and taxed as an improvement
to the Land.
8. As of the date of the execution of this Affidavit, or, if
the Home is not yet located at the Property Address, upon
the delivery of the Home to the Property Address:
(a) All permits required by governmental authorities have
been obtained;
(b) The Home [ ] is [ ] shall be permanently affixed as
defined in Section 5-5 of the Conveyance and Encumbrance of
Manufactured Homes as Real Property and Severance Act;
(c) The wheels, axles, towbar, or hitch were removed when
the Home was placed on the Property Address; and
(d) The Home has the characteristics of site-built housing
and is part of the Land.

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9. The Home [ ] was [ ] was not permanently affixed before
January 1, 2011.
10. If Homeowner is the owner of the Land, any conveyance or
financing of the Home and the Land shall be a single
transaction under applicable State law.
11. The Home is subject to the following security interests or
liens:
Name of Lienholder: ................
Address: ........
Original Principal Amount Secured: ..........................
Name of Lienholder: ................
Address: ........
Original Principal Amount Secured: ..........................
12. Other than those disclosed in this Affidavit, Homeowner is
not aware of (i) any other security interest, claim, lien,
or encumbrance affecting the Home or (ii) any other facts
or information that could reasonably affect the validity of
the title of the Home or the existence or non-existence of
security interests in it.
13. A release of lien from each of the lienholders identified
in paragraph 11 of this Affidavit [] has been [] shall be
delivered to the Secretary of State.
14. Homeowner shall initial only one of the following, as it

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applies to the Home:
[] The Home is not covered by a certificate of title. The
Home is covered by a Manufacturer's Statement of Origin,
issued on the ...... of .........., ....., manufacturer's
vehicle identification number ........................, which
Homeowner shall surrender. The original Manufacturer's
Statement of Origin, duly endorsed to Homeowner, is attached
to this Affidavit.
[] The Home is covered by a certificate of title issued
on the ....... day of .........., ......, title number
........................, which Homeowner shall surrender.
15. Homeowner designates the following person to file a
certified copy of this Affidavit with the Secretary of
State, and the person to whom the Recorder shall return a
certified copy of this Affidavit after it has been duly
recorded in the real property records:
Name: ..............................................
Address: ................................................
16. This Affidavit is executed by Homeowner pursuant to Section
5-15 of the Conveyance and Encumbrance of Manufactured
Homes as Real Property and Severance Act.
IN WITNESS WHEREOF, Homeowner(s) has/have executed this
Affidavit in my presence and in the presence of the
undersigned witnesses on this ...... day of ......, ......

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...........................(SEAL) ..........................
Homeowner #1 Witness
...........................
Printed Name
...........................(SEAL) ..........................
Homeowner #2 Witness
...........................
Printed Name
...........................(SEAL) ..........................
Homeowner #3 Witness
...........................
Printed Name
...........................(SEAL) ..........................
Homeowner #4 Witness
...........................
Printed Name
STATE OF .........................)
) SS.
COUNTY OF ........................)

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The foregoing instrument was acknowledged before me this
(date) by (name(s) of person(s) who acknowledged).
.......................... Notary Public
Signature
My commission expires: ...................
Official Seal:
ATTENTION RECORDER: This instrument covers goods that are
or are to become fixtures on the Property described herein and
is to be filed for record in the records where conveyances of
real estate are recorded."; and
on page 11, line 24, by replacing "(e)" with "(d)"; and
on page 12, line 1, by replacing "(c)" with "(d)"; and
on page 12, line 21, after "3-109" by inserting "of the
Illinois Vehicle Code"; and
on page 12, immediately below line 21, by inserting the
following:
"(d) An affidavit of severance shall be in the form set
forth below:

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MANUFACTURED HOME
AFFIDAVIT OF SEVERANCE
STATE OF .........................)
)SS.
COUNTY OF ........................)
BEFORE ME, the undersigned notary public, on this day
personally appeared ................... (type the name(s) of
each person signing this Affidavit) known to me to be the
person(s) whose name(s) is/are subscribed below (each an
"Affiant"), and who, being by me first duly sworn, did each on
his or her oath state as follows:
1. The owner(s) of the manufactured home described below
reside(s) at the following address:
..........................
(Street or Route; City; County; State; Zip Code)
Mailing address, if different:
...............................
(Street or Route; City; County; State; Zip Code)
2. The manufactured home that is the subject of this Affidavit
("Home") is described as follows:
............................

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(New/Used; Year; Manufacturer's Name; Model Name and Model
No.; Manufacturer's VIN No(s).; Length/Width)
3. The Home was severed from the following address ("Land"):
.
(Street or Route; City; County; State; Zip Code)
4. An Affidavit of Affixation was duly recorded in the land
records of the county in which the Land is located on
(date) ............., in book number ...... at page
number .....
5. Affiant is the owner of the Land or, if not the owner of
the Land, is in possession of the Land pursuant to a
lease in recordable form, and the consent of the lessor
is attached to this Affidavit.
6. The Home is subject to the following security interests:
Name of Lienholder: ................
Address: ........
Original Principal Amount Secured: ..........................
Name of Lienholder: ................
Address: ........
Original Principal Amount Secured: ..........................
7. Other than those disclosed in this Affidavit, Affiant is

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not aware of (i) any other security interest, claim,
lien, or encumbrance affecting the Home or (ii) any other
facts or information that could reasonably affect the
validity of the title of the Home or the existence or
non-existence of security interests in it.
8. A release of lien from each of the lienholders identified
in paragraph 6 of this Affidavit [] has been [] shall be
delivered to the Secretary of State.
9. Affiant designates the following person to file a
certified copy of this Affidavit with the Secretary of
State, and the person to whom the Recorder shall return a
certified copy of this Affidavit after it has been duly
recorded in the real property records:
Name: ...............................................
Address: ................................................
10. This Affidavit is executed by Affiant pursuant to Section
5-50 of the Conveyance and Encumbrance of Manufactured
Homes as Real Property and Severance Act.
IN WITNESS WHEREOF, Affiant(s) has/have executed this
Affidavit in my presence and in the presence of the
undersigned witnesses on this ....... day of
................, .......
...........................(SEAL) ..........................

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Homeowner #1 Witness
...........................
Printed Name
...........................(SEAL) ..........................
Homeowner #2 Witness
...........................
Printed Name
...........................(SEAL) ..........................
Homeowner #3 Witness
...........................
Printed Name
...........................(SEAL) ..........................
Homeowner #4 Witness
...........................
Printed Name
STATE OF .........................)
) SS.
COUNTY OF ........................)
The foregoing instrument was acknowledged before me this
(date) by (name(s) of person(s) who acknowledged).
.......................... Notary Public

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Signature
My commission expires: ...................
Official Seal:
ATTENTION RECORDER: This instrument covers goods that had been
fixtures on the Property described herein and is to be filed
for record in the records where conveyances of real estate are
recorded."; and
on page 12, line 22, by replacing "Section 55" with "Section
5-55"; and
by deleting everything from line 10 on page 13 through line 14
on page 14; and
on page 16, by replacing line 6 with "not those mobile homes or
manufactured homes are permanently affixed"; and
on page 16, lines 9 and 10, by replacing "the mobile home or
manufactured home is" with "those mobile homes or manufactured
homes are"; and
on page 16, line 18, by replacing "County Assessor's office"
with "chief county assessment officer"; and

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on page 19, line 20, after "parks", by inserting "and"; and
on page 23, line 14, by replacing "file" with "record file";
and
on page 37, line 5, by replacing "of the" with "of Section
9-102 of the"; and
on page 62, line 24, by replacing ""manufactured home"" with "a
manufactured home"; and
on page 80, line 26, after "and", by inserting "each"; and
on page 83, line 7, by replacing "of the house trailer" with
"of the house trailer"; and
on page 91, line 15, after "Severance", by inserting "Act"; and
on page 95, line 11, by replacing "its" with "the"; and
on page 96, line 7, after "by", by inserting "a"; and
on page 103, line 11, by changing "Sections" to "Section"; and
on page 104, line 4, by replacing "time" with "time,"; and

09700SB1227sam001 - 14 - LRB097 07200 HLH 53886 a
on page 138, line 1, by replacing " 9-102, which" with "9-102
of the Uniform Commercial Code that"; and
on page 138, line 6, by replace "Code, which" with "Code that";
and
on page 158, immediately below line 24, by inserting the
following:
"ARTICLE 99. EFFECTIVE DATE
Section 99-999. Effective date. This Act takes effect upon
becoming law.".