Bill Text: NY S06277 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to manufactured homes' certificate of title and the conveyance and encumbrance of manufactured homes as real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S06277 Detail]
Download: New_York-2017-S06277-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 6277--A A. 7751--A 2017-2018 Regular Sessions SENATE - ASSEMBLY May 11, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO, JAFFEE -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, the banking law, the personal proper- ty law, the vehicle and traffic law and the real property law, in relation to manufactured home certificates of title, and the convey- ance and encumbrance of manufactured homes as real property The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 land-home property act". 3 § 2. Subdivision 13 of section 372 of the executive law, as amended by 4 chapter 309 of the laws of 1996, is amended to read as follows: 5 13. ["Mobile home"] "Manufactured home" means a [moveable or portable6unit designed and constructed to be towed on its own chassis, comprised7of frame and wheels, connected to utilities, and designed and8constructed without a permanent foundation for year-round living. A unit9may contain parts that may be folded, collapsed or telescoped when being10towed and expanded later to provide additional cubic capacity as well as11two or more separately towable components designed to be joined into one12integral unit capable of being again separated into the components for13repeated towing. "Mobile home" shall mean units designed to be usedEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07145-03-8S. 6277--A 2 A. 7751--A 1exclusively for residential purposes, excluding travel trailers] manu- 2 factured home as defined in paragraph fifty-three of subsection (a) of 3 section 9-102 of the uniform commercial code. 4 § 3. Subparagraph (ii) of paragraph l of subdivision 5-a of section 5 108 of the banking law, as amended by chapter 322 of the laws of 1993, 6 is amended to read as follows: 7 (ii) "mobile home" or "manufactured home" means a [structure, trans-8portable in one or more sections, which in the traveling mode, is eight9body feet or more in width or forty body feet or more in length, or when10erected on site, is three hundred twenty or more square feet, and which11is built on a permanent chassis and designed to be used as a dwelling12with or without a permanent foundation when connected to required utili-13ties, and includes the plumbing, heating, air-conditioning and elec-14trical systems contained therein] manufactured home as defined in para- 15 graph fifty-three of subsection (a) of section 9-102 of the uniform 16 commercial code. 17 § 4. Clause (ii) of item 1 of subparagraph (c) of paragraph 4 of 18 subdivision 8 of section 235 of the banking law, as amended by chapter 19 322 of the laws of 1993, is amended to read as follows: 20 (ii) "mobile home" or "manufactured home" means a [structure, trans-21portable in one or more sections, which in the traveling mode, is eight22body feet or more in width or forty body feet or more in length, or when23erected on site, is three hundred twenty or more square feet, and which24is built on a permanent chassis and designed to be used as a dwelling25with or without a permanent foundation when connected to required utili-26ties, and includes the plumbing, heating, air-conditioning and elec-27trical systems contained therein] manufactured home as defined in para- 28 graph fifty-three of subsection (a) of section 9-102 of the uniform 29 commercial code. 30 § 5. Clause (ii) of subparagraph 1 of paragraph (d) of subdivision 2 31 of section 380 of the banking law, as amended by chapter 322 of the laws 32 of 1993, is amended to read as follows: 33 (ii) "mobile home" or "manufactured home" means a [structure, trans-34portable in one or more sections, which in the traveling mode, is eight35body feet or more in width or forty body feet or more in length, or when36erected on site, is three hundred twenty or more square feet, and which37is built on a permanent chassis and designed to be used as a dwelling38with or without a permanent foundation when connected to required utili-39ties, and includes the plumbing, heating, air-conditioning and elec-40trical systems contained therein] manufactured home as defined in para- 41 graph fifty-three of subsection (a) of section 9-102 of the uniform 42 commercial code. 43 § 6. Subdivision 2 of section 491 of the banking law, as amended by 44 chapter 322 of the laws of 1993, is amended to read as follows: 45 2. "Motor vehicle" or "vehicle" means any device propelled or drawn by 46 any power other than muscular power, upon or by which any person or 47 property is or may be transported or drawn upon a public highway, road 48 or street. Unless otherwise specified, "motor vehicle" or "vehicle" also 49 means a "mobile home" or "manufactured home". "Mobile home" or "manufac- 50 tured home" means a [structure, transportable in one or more sections,51which in the traveling mode, is eight body feet or more in width or52forty body feet or more in length, or when erected on site, is three53hundred twenty or more square feet, and which is built on a permanent54chassis and designed to be used as a dwelling with or without a perma-55nent foundation when connected to required utilities, and includes the56plumbing, heating, air-conditioning and electrical systems containedS. 6277--A 3 A. 7751--A 1therein] manufactured home as defined in paragraph fifty-three of 2 subsection (a) of section 9-102 of the uniform commercial code. 3 § 7. Subdivision 1 of section 301 of the personal property law, as 4 amended by chapter 322 of the laws of 1993, is amended to read as 5 follows: 6 1. "Motor vehicle" or "vehicle" means any device propelled or drawn by 7 any power other than muscular power, upon or by which any person or 8 property is or may be transported or drawn upon a public highway, road 9 or street except that it shall not include a "snowmobile" as defined in 10 subdivision three of section 21.05 of the parks, recreation and historic 11 preservation law. "Motor vehicle" or "vehicle" also means a "mobile 12 home" or a "manufactured home". "Mobile home" or "manufactured home" 13 means a [structure, transportable in one or more sections, which in the14traveling mode, is eight body feet or more in width or forty body feet15or more in length, or when erected on site, is three hundred twenty or16more square feet, and which is built on a permanent chassis and designed17to be used as a dwelling with or without a permanent foundation when18connected to required utilities, and includes the plumbing, heating,19air-conditioning and electrical systems contained therein] manufactured 20 home as defined in paragraph fifty-three of subsection (a) of section 21 9-102 of the uniform commercial code. 22 § 8. Section 122-c of the vehicle and traffic law, as added by chapter 23 322 of the laws of 1993, is amended to read as follows: 24 § 122-c. Mobile home or manufactured home. [A structure, transportable25in one or more sections, which in the traveling mode, is eight body feet26or more in width or forty body feet or more in length, or when erected27on site, is three hundred twenty or more square feet, and which is built28on a permanent chassis and designed to be used as a dwelling with or29without a permanent foundation when connected to required utilities, and30includes the plumbing, heating, air-conditioning and electrical systems31contained therein.] The term "mobile home" or "manufactured home" shall 32 have the same meaning as a manufactured home as defined in paragraph 33 fifty-three of subsection (a) of section 9-102 of the uniform commercial 34 code. 35 § 9. Paragraph 19 of subdivision (a) of section 2102 of the vehicle 36 and traffic law, as added by chapter 322 of the laws of 1993, is amended 37 to read as follows: 38 (19) A [mobile home or a] manufactured home, manufactured prior to 39 July first, nineteen hundred ninety-four and designated by the manufac- 40 turer as being a nineteen hundred ninety-four or earlier model year 41 [mobile home or] manufactured home, [and] any [mobile home or] manufac- 42 tured home, manufactured or assembled prior to January first, nineteen 43 hundred ninety-four for which the manufacturer has not designated a 44 model year, and any "factory manufactured home" as defined in subdivi- 45 sion eight of section three hundred seventy-two of the executive law. 46 § 10. Section 2107 of the vehicle and traffic law is amended by adding 47 thirteen new subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), 48 (m), (n), (o) and (p) to read as follows: 49 (d) Except as provided in section twenty-one hundred seventeen-d of 50 this article, the commissioner shall not issue a certificate of title to 51 a manufactured home with respect to which there has been filed an affi- 52 davit of affixation pursuant to paragraph five of subdivision (a) of 53 section twenty-one hundred seventeen-a of this article, paragraph five 54 of subdivision (a) of section twenty-one hundred seventeen-b of this 55 article, and paragraph five of subdivision (a) of section twenty-one 56 hundred seventeen-c of this article.S. 6277--A 4 A. 7751--A 1 (e) The commissioner shall file, upon receipt, each affidavit of affi- 2 xation that is delivered in accordance with paragraph c of subdivision 3 two of section two hundred ninety-six-a of the real property law, each 4 declaration that is delivered pursuant to paragraph six of subdivision 5 (a) of section twenty-one hundred seventeen-c of this article and each 6 affidavit of severance that is delivered in accordance with subdivision 7 nine of section two hundred ninety-six-a of the real property law, when 8 satisfied as to its genuineness and regularity. 9 (f) The commissioner shall maintain a record of each affidavit of 10 affixation he or she files in accordance with subdivision (e) of this 11 section. The record shall state the name of the owner of the manufac- 12 tured home, the county of recordation, the date of recordation, the book 13 and page number of each book of deeds where there has been recorded an 14 affidavit of affixation pursuant to paragraph (c) of subdivision two of 15 section two hundred ninety-six-a of the real property law and this arti- 16 cle, and if applicable, a statement that filed with the affidavit of 17 affixation is a declaration pursuant to paragraph six of subdivision (a) 18 of section twenty-one hundred seventeen-c of this article, and any other 19 data the commissioner prescribes. 20 (g) The commissioner shall file, upon receipt, each application for 21 surrender of the manufacturer's certificate of origin relating to a 22 manufactured home that is delivered in accordance with section twenty- 23 one hundred seventeen-a of this article, when satisfied as to its 24 genuineness and regularity. 25 (h) The commissioner shall maintain a record of each manufactured home 26 manufacturer's certificate of origin that he or she accepts for surren- 27 der as provided in section twenty-one hundred seventeen-a of this arti- 28 cle. The record shall state the name of the owner of the manufactured 29 home, the date the manufacturer's certificate of origin was delivered 30 for surrender, the county of recordation, the date of recordation, and 31 the book and page number of each book of deeds where there has been 32 recorded an affidavit of affixation pursuant to paragraph (c) of subdi- 33 vision two of section two hundred ninety-six-a of the real property law 34 and this article, and any other data the commissioner prescribes. 35 (i) The commissioner shall file, upon receipt, each application for 36 surrender of the certificate of title relating to a manufactured home 37 that is delivered in accordance with section twenty-one hundred seven- 38 teen-b of this article, when satisfied as to its genuineness and regu- 39 larity. 40 (j) The commissioner shall maintain a record of each manufactured home 41 certificate of title that he or she accepts for surrender as provided in 42 section twenty-one hundred seventeen-b of this article. The record shall 43 state the name of the owner of the manufactured home, the date the 44 certificate of title was delivered for surrender, the county of recorda- 45 tion, the date of recordation, the book and page number of each book of 46 deeds where there has been recorded an affidavit of affixation pursuant 47 to paragraph (c) of subdivision two of section two hundred ninety-six-a 48 of the real property law and this article, and any other data the 49 commissioner prescribes. 50 (k) The commissioner shall file, upon receipt, each application for 51 confirmation of conversion relating to a manufactured home that is 52 delivered in accordance with section twenty-one hundred seventeen-c of 53 this article, when satisfied as to its genuineness and regularity. 54 (l) The commissioner shall maintain a record of each application for 55 confirmation of conversion accepted as provided in section twenty-one 56 hundred seventeen-c of this article. The record shall state the name ofS. 6277--A 5 A. 7751--A 1 the owner of the manufactured home, the county of recordation, the date 2 of recordation, the book and page number of each book of deeds where 3 there has been recorded an affidavit of affixation pursuant to paragraph 4 (c) of subdivision two of section two hundred ninety-six-a of the real 5 property law and this article, and any other data the commissioner 6 prescribes. 7 (m) The commissioner shall file, upon receipt, each application for a 8 new certificate of title relating to a manufactured home that is deliv- 9 ered in accordance with section twenty-one hundred seventeen-d of this 10 article, when satisfied as to its genuineness and regularity. 11 (n) The commissioner shall maintain a record of each affidavit of 12 severance he or she files in accordance with subdivision (m) of this 13 section and section twenty-one hundred seventeen-d of this article. The 14 record shall state the name of the owner of the manufactured home, the 15 county of recordation, the date of recordation, the book and page number 16 of each book of deeds where there has been recorded an affidavit of 17 severance pursuant to subdivision nine of section two hundred ninety- 18 six-a of the real property law, and any other data the commissioner 19 prescribes. 20 (o) Notwithstanding the provisions of any other law, the commissioner 21 shall maintain the records required by this section indefinitely. 22 (p) The commissioner shall establish electronic public access to the 23 records maintained in accordance with subdivisions (f), (h), (j), (l) 24 and (n) of this section. 25 § 11. Subdivision (e) of section 2108 of the vehicle and traffic law, 26 as added by chapter 322 of the laws of 1993, is amended to read as 27 follows: 28 (e) Notwithstanding any other provision of law, a certificate of title 29 to a vehicle which is a [mobile home or a] manufactured home issued by 30 the commissioner is prima facie evidence of the facts appearing on it, 31 notwithstanding the fact that such vehicle, at any time, in any manner, 32 shall have become [attached to realty] affixed in any manner to real 33 property. 34 § 12. The vehicle and traffic law is amended by adding four new 35 sections 2117-a, 2117-b, 2117-c and 2117-d to read as follows: 36 § 2117-a. Surrender of manufacturer's certificate of origin to a manu- 37 factured home. (a) The owner or owners of a manufactured home who 38 possess the manufacturer's certificate of origin to the manufactured 39 home that is affixed to a permanent foundation as provided in subdivi- 40 sion one of section two hundred ninety-six-a of the real property law, 41 or which the owner or owners intend to affix to a permanent foundation, 42 may surrender the manufacturer's certificate of origin to the manufac- 43 tured home to the commissioner by filing with the commissioner an appli- 44 cation for surrender of the manufacturer's certificate of origin 45 containing or accompanied by: 46 (1) the name, residence and mailing address of the owner; 47 (2) a description of the manufactured home including, so far as the 48 following data exists: the name of the manufacturer, the make, the model 49 name, the model year, the dimensions, and the vehicle identification 50 number or numbers of the manufactured home and whether it is new or 51 used, and any other information the commissioner requires; 52 (3) the date of purchase by the owner of the manufactured home, the 53 name and address of the person from whom the home was acquired and the 54 names and addresses of any lienholders in the order of apparent priori- 55 ty;S. 6277--A 6 A. 7751--A 1 (4) a statement signed by the owner, stating either, (i) any facts or 2 information known to the owner that could reasonably affect the validity 3 of the title of the manufactured home or the existence or non-existence 4 of security interests in or lien on it; or (ii) that no such facts or 5 information are known to the owner; 6 (5) the recorded original affidavit of affixation as provided by para- 7 graph (c) of subdivision two of section two hundred ninety-six-a of the 8 real property law; 9 (6) the original manufacturer's certificate of origin; 10 (7) the name and mailing address of each person wishing written 11 acknowledgment of surrender from the commissioner; and 12 (8) any other information and documents the commissioner reasonably 13 requires to identify the owner of the manufactured home and to enable 14 him or her to determine whether the owner satisfied the requirements of 15 paragraphs (a), (b) and (c) of subdivision six of section two hundred 16 ninety-six-a of the real property law and the owner is entitled to 17 surrender the manufacturer's certificate of origin and the existence or 18 non-existence of security interests in the manufactured home. 19 (b) When satisfied as to its genuineness and regularity of the surren- 20 der of the manufacturer's certificate of origin to a manufactured home 21 and upon satisfaction of the requirements of subdivision (a) of this 22 section, the commissioner shall cancel the manufacturer's certificate of 23 origin and update his or her records in accordance with the provisions 24 of subdivisions (g) and (h) of section twenty-one hundred seven of this 25 article and provide written acknowledgment of compliance with the 26 provisions of this section to each person identified in paragraph seven 27 of subdivision (a) of this section. 28 (c) Upon satisfaction of the requirements of this section a manufac- 29 tured home shall be conveyed and encumbered as provided in subdivision 30 seven of section two hundred ninety-six-a of the real property law. 31 (d) Upon written request, the commissioner shall provide written 32 acknowledgment of compliance with the provisions of this section. 33 § 2117-b. Surrender of title to a manufactured home. (a) The owner or 34 owners of a manufactured home that is covered by a certificate of title 35 and that is affixed to a permanent foundation as provided in subdivision 36 one of section two hundred ninety-six-a of the real property law, or 37 which the owner or owners intend to affix to a permanent foundation, may 38 surrender the certificate of title to the manufactured home to the 39 commissioner by filing with the commissioner an application for surren- 40 der of title containing or accompanied by: 41 (1) the name, residence and mailing address of the owner; 42 (2) a description of the manufactured home including, so far as the 43 following data exists: the name of the manufacturer, the make, the model 44 name, the model year, the dimensions, and the vehicle identification 45 number or numbers of the manufactured home and whether it is new or used 46 and any other information the commissioner requires; 47 (3) the date of purchase by the owner of the manufactured home, the 48 name and address of the person from whom the home was acquired and the 49 names and addresses of any security interest holders and lienholders in 50 the order of apparent priority; 51 (4) a statement signed by the owner, stating either: (i) any facts or 52 information known to the owner that could reasonably affect the validity 53 of the title of the manufactured home or the existence or non-existence 54 of security interests in or liens on it; or (ii) that no such facts or 55 information are known to the owner;S. 6277--A 7 A. 7751--A 1 (5) the recorded original affidavit of affixation as provided by para- 2 graph (d) of subdivision two of section two hundred ninety-six-a of the 3 real property law; 4 (6) the name and mailing address of each person wishing written 5 acknowledgement of surrender from the commissioner; 6 (7) the original certificate of title, which, upon concurrent transfer 7 of title to the manufactured home, may be endorsed by the current owner 8 of record to his or her purchaser; 9 (8) any release of lien required by subdivision (b) of this section; 10 and 11 (9) any other information and documents the commissioner reasonably 12 requires to identify the owner of the manufactured home, to determine 13 whether the owner satisfied the applicable requirements of subdivision 14 six of section two hundred ninety-six-a of the real property law, and to 15 enable him or her to determine whether the owner is entitled to surren- 16 der the certificate of title and the existence or non-existence of secu- 17 rity interests in or liens on the manufactured home. 18 (b) The commissioner shall not accept for surrender a certificate of 19 title to a manufactured home unless and until any liens pursuant to 20 section twenty-one hundred five-a and any security interests pursuant to 21 sections twenty-one hundred seven and twenty-one hundred eighteen of 22 this article have been released. 23 (c) When satisfied as to its genuineness and regularity of the surren- 24 der of a certificate of title to a manufactured home and upon satisfac- 25 tion of the requirements of subdivisions (a) and (b) of this section, 26 the commissioner shall cancel the certificate of title and update his or 27 her records in accordance with the provisions of subdivisions (i) and 28 (j) of section twenty-one hundred seven of this article. The commission- 29 er shall also provide written acknowledgment of compliance with the 30 provisions of this section to each person identified on the application 31 for surrender of a certificate of title under paragraph six of subdivi- 32 sion (a) of this section. 33 (d) Upon satisfaction of the requirements of this section a manufac- 34 tured home shall be conveyed and encumbered as provided for in the 35 provisions of subdivision six and subdivision seven of section two 36 hundred ninety-six-a of the real property law. 37 (e) Upon written request, the commissioner shall provide written 38 acknowledgment of compliance with the provisions of this section. 39 § 2117-c. Confirmation of conversion of a manufactured home. (a) The 40 owner or owners of a manufactured home that is not covered by a certif- 41 icate of title or a manufacturer's certificate of origin, or of a manu- 42 factured home that is covered by a manufacturer's certificate of origin 43 or certificate of title but which the owner or owners, after diligent 44 search and inquiry, are unable to produce, and that is affixed to a 45 permanent foundation, or which the owner intends to affix to a permanent 46 foundation, may satisfy the requirements of paragraph (d) of subdivision 47 two of section two hundred ninety-six-a of the real property law by 48 filing with the commissioner an application for confirmation of conver- 49 sion containing or accompanied by: 50 (1) the name, residence and mailing address of the owner; 51 (2) a description of the manufactured home including, so far as the 52 following data exists: the name of the manufacturer, the make, the model 53 name, the model year, the dimensions, and the vehicle identification 54 number or numbers of the manufactured home and whether it is new or used 55 and any other information the commissioner requires;S. 6277--A 8 A. 7751--A 1 (3) the date of purchase by the owner of the manufactured home, the 2 name and address of the person from whom the home was acquired and the 3 names and addresses of any security interest holders and lienholders in 4 the order of apparent priority; 5 (4) a statement signed by the owner, stating either: (i) any facts or 6 information known to the owner that could reasonably affect the validity 7 of the title of the manufactured home or the existence or non-existence 8 of security interests in or liens on it; or (ii) that no such facts or 9 information are known to the owner; 10 (5) the recorded original of the affidavit of affixation as provided 11 by paragraph (c) of subdivision two of section two hundred ninety-six-a 12 of the real property law; 13 (6) a sworn declaration by an attorney at law, duly admitted to prac- 14 tice in the courts of the state of New York, or an agent of a title 15 insurance company duly licensed to issue policies of title insurance in 16 the state of New York, that the manufactured home is free and clear of 17 or has been released or will be released from all record security inter- 18 ests, liens and encumbrances; and: (i) any facts or information known to 19 him or her that could reasonably affect the validity of the title of the 20 manufactured home or the existence or non-existence of security inter- 21 ests in it; or (ii) that no such facts or information are known to him 22 or her; and 23 (7) the name and mailing address of each person wishing written 24 acknowledgment of confirmation of conversion from the commissioner; and 25 (8) any other information and documents the commissioner reasonably 26 requires to identify the owner of the manufactured home and to determine 27 the owner satisfied the applicable requirements of subdivision six of 28 section two hundred ninety-six-a of the real property law, and the 29 existence or non-existence of security interests in or liens on the 30 manufactured home. 31 (b) When satisfied as to its genuineness and regularity of the confir- 32 mation of conversion of a manufactured home and upon satisfaction of the 33 requirements of subdivision (a) of this section, the commissioner shall 34 update his or her records in accordance with the provisions of subdivi- 35 sions (e), (k) and (l) of section twenty-one hundred seven of this arti- 36 cle. The commissioner shall also provide written acknowledgment of 37 compliance with the provisions of this section to each person identified 38 on the application for confirmation of conversion under paragraph seven 39 of subdivision (a) of this section. 40 (c) Upon satisfaction of the requirements of this section a manufac- 41 tured home shall be conveyed and encumbered as provided in subdivision 42 seven of section two hundred ninety-six-a of the real property law. 43 (d) Upon written request, the commissioner shall provide written 44 acknowledgment of compliance with the provisions of this section. 45 § 2117-d. Application to reinstate certificate of title to a manufac- 46 tured home. (a) Notwithstanding any other provision of law, where a 47 manufactured home has been affixed to a permanent foundation, as 48 provided in subdivision one of section two hundred ninety-six-a of the 49 real property law, and an affidavit of affixation pursuant to paragraph 50 (c) of subdivision two of section two hundred ninety-six-a of the real 51 property law has been recorded as part of the real property records in 52 the county in which the manufactured home is located, and where the 53 manufactured home subsequently is detached or severed from the real 54 property, the owner or owners may apply for a new certificate of title 55 by filing with the commissioner an application to issue a new certif- 56 icate of title to a manufactured home containing or accompanied by:S. 6277--A 9 A. 7751--A 1 (1) the name, residence and mailing address of the owner; 2 (2) a description of the manufactured home including, so far as the 3 following data exists: the name of the manufacturer, the make, the model 4 name, the model year, the dimensions, and the vehicle identification 5 number or numbers of the manufactured home and whether it is new or 6 used, and any other information the commissioner requires; 7 (3) a statement signed by the applicant, stating either: (i) any facts 8 or information known to the applicant that could reasonably affect the 9 validity of the title of the manufactured home or the existence or non- 10 existence of security interests in or liens on it; or (ii) that no such 11 facts or information are known to the applicant; 12 (4) the recorded original of the affidavit of severance as provided by 13 subdivision nine of section two hundred ninety six-a of the real proper- 14 ty law; 15 (5) a sworn declaration by an attorney at law, duly admitted to prac- 16 tice in the courts of the state of New York, or an agent of a title 17 insurance company duly licensed to issue policies of title insurance in 18 the state of New York, that the manufactured home is free and clear of 19 all security interests, liens and encumbrances or that all security 20 interests, liens and encumbrances will be released, and: (i) any facts 21 or information known to him or her that could reasonably affect the 22 validity of the title of the manufactured home or the existence or non- 23 existence of any security interests in or lien on it; or (ii) that no 24 such facts or information are known to him or her; and 25 (6) any other information and documents the commissioner reasonably 26 requires to identify the manufactured home and to enable him or her to 27 determine whether the owner is entitled to a certificate of title and 28 the existence or non-existence of security interests in or liens on the 29 manufactured home. 30 (b) When satisfied as to its genuineness and regularity of the appli- 31 cation for a certificate of title to a manufactured home and upon satis- 32 faction of the requirements of subdivision (a) of this section, the 33 commissioner shall issue a new certificate of title and update his or 34 her records in accordance with the provisions of section twenty-one 35 hundred seven of this article. 36 (c) Immediately upon satisfaction of the requirements of this section 37 and thereafter, a manufactured home shall be conveyed and encumbered as 38 personal property as provided in this chapter. 39 § 13. Subdivisions (d) and (e) of section 2118 of the vehicle and 40 traffic law, subdivision (d) as added by chapter 322 of the laws of 1993 41 and subdivision (e) as amended by chapter 84 of the laws of 2001, are 42 amended to read as follows: 43 (d) A security interest noted on a certificate of title to a vehicle 44 which is a [mobile home or a] manufactured home shall have priority over 45 [any other] all subsequent liens or security interests except for those 46 set forth in subdivision (c) of section [two thousand one] twenty-one 47 hundred three of this article. 48 (e) [After] Except as otherwise provided in sections twenty-one 49 hundred seventeen-b and twenty-one hundred twenty-three of this article, 50 and section two hundred ninety-six-a of the real property law, after a 51 certificate of title has been issued [in this state] for a [vehicle52which is a mobile home or a] manufactured home, and as long as the 53 [vehicle which is a mobile home or a] manufactured home is subject to 54 any security interest perfected pursuant to this section, the commis- 55 sioner shall not file an affidavit of affixation, nor revoke the certif- 56 icate of title, nor issue a certificate of title under subdivision (a)S. 6277--A 10 A. 7751--A 1 of section twenty-one hundred seven of this article, and, in any event, 2 the validity and priority of any security interest perfected pursuant to 3 this section shall continue, notwithstanding the provision of any other 4 law[, including but not limited to section 9--303 and section 9-313 of5the uniform commercial code]. 6 § 14. Section 2123 of the vehicle and traffic law, as amended by chap- 7 ter 322 of the laws of 1993, is amended to read as follows: 8 § 2123. Exclusiveness of procedure. The method provided in this arti- 9 cle of perfecting and giving notice of security interests subject to 10 this article is exclusive. Security interests subject to this article 11 are hereby exempted from the provisions of law which otherwise relate to 12 the perfection of security interests, [including but not limited to13section 9-313 of the uniform commercial code] provided, however, that 14 with respect to a manufactured home that is or will be affixed to a 15 permanent foundation, upon recordation of an affidavit of affixation 16 pursuant to paragraph (c) of subdivision two of section two hundred 17 ninety-six-a of the real property law and satisfaction of the require- 18 ments of section twenty-one hundred seventeen-a, twenty-one hundred 19 seventeen-b or twenty-one hundred seventeen-c of this article, any 20 perfection or termination of a security interest with respect to such 21 manufactured home shall conform to the requirements of article nine of 22 the real property law. 23 § 15. Paragraph 2 of subdivision (a) of section 2124 of the vehicle 24 and traffic law, as added by chapter 322 of the laws of 1993, is amended 25 to read as follows: 26 (2) [Notwithstanding any other provision of law] Except as provided in 27 section twenty-one hundred seventeen-b and subdivision (e) of section 28 twenty-one hundred eighteen of this article, the commissioner shall not 29 suspend or revoke a certificate of title to a [vehicle which is a mobile30home or] manufactured home by reason of the fact that, at any time, in 31 any manner, it shall have become attached to [realty] real property. 32 § 16. The real property law is amended by adding a new section 296-a 33 to read as follows: 34 § 296-a. Conveyance and encumbrance of manufactured homes as real 35 property. 1. Manufactured home; permanently affixed to real property. 36 For purposes of this section, the term "manufactured home" means a 37 "manufactured home" as defined in paragraph fifty-three of subsection 38 (a) of section 9-102 of the uniform commercial code. Notwithstanding the 39 foregoing, for the purposes of 11 USC § 1322(b)(2), a manufactured home 40 shall be deemed to be real property. For purposes of this section, arti- 41 cle forty-six of the vehicle and traffic law, and the uniform commercial 42 code, a manufactured home is "affixed to a permanent foundation" if it 43 is anchored to real property by attachment to a permanent foundation, 44 and connected to a residential utility, such as water, gas, electricity, 45 sewer or septic service. 46 2. Conversion procedure. To convey or voluntarily encumber a manufac- 47 tured home as real property, the following conditions must be met: 48 (a) The manufactured home shall be affixed to a permanent foundation; 49 (b) The ownership interests in the manufactured home and the real 50 property to which the manufactured home is or shall be affixed shall be 51 identical, provided, however, that the owner of the manufactured home, 52 if not the owner of the real property, is in possession of the real 53 property under the terms of a lease in recordable form, and owner has 54 the consent of the lessor of the real property; and 55 (c) Each person having an ownership interest in such home shall 56 execute and record with the recording officer of the county or countiesS. 6277--A 11 A. 7751--A 1 in which the real property is located an affidavit of affixation as 2 provided in subdivision three of this section, and satisfy the other 3 applicable requirements of this section. 4 (d) Upon receipt of the recorded original affidavit of affixation 5 pursuant to subdivision five of this section, any person designated 6 therein for filing with the commissioner of motor vehicles shall file 7 the recorded original of affidavit of affixation with the commissioner. 8 In the case where the home is covered by a manufacturer's certificate of 9 origin, the recorded original affidavit of affixation and the original 10 manufacturer's certificate of title shall be filed with the commissioner 11 pursuant to section twenty-one hundred seventeen-a of the vehicle and 12 traffic law. In the case the home is covered by a certificate of title, 13 the recorded original affidavit of affixation and the original certif- 14 icate of title shall be filed with the commissioner in accordance with 15 section twenty-one hundred seventeen-b of the vehicle and traffic law. 16 In the case the home is not covered by a manufacturer's certificate of 17 origin or a certificate of title, or where a manufactured home that is 18 covered by a manufacturer's certificate of origin or certificate of 19 title but which the owner or owners, after diligent search and inquiry, 20 are unable to produce, the recorded original affidavit of affixation 21 shall be filed with the commissioner in accordance with section twenty- 22 one hundred seventeen-c of the vehicle and traffic law. 23 3. Affidavit of affixation. (a) An affidavit of affixation shall 24 contain or be accompanied by: 25 (i) so far as the data exists, the name of the manufacturer, the make, 26 the model name, the model year, the dimensions, and the vehicle iden- 27 tification number or numbers of the manufactured home, and whether it is 28 new or used; 29 (ii)(A) a statement that the party executing the affidavit is the 30 owner of the real property described therein or, (B) if not the owner of 31 the real property, (1) a statement that the party executing the affida- 32 vit is in possession of the real property pursuant to the terms of a 33 lease in recordable form, and (2) the consent of the lessor of the real 34 property shall be endorsed upon or attached to the affidavit and be 35 acknowledged or proved in the manner as to entitle a conveyance to be 36 recorded; 37 (iii) the street address and the legal description of the real proper- 38 ty upon which the manufactured home is or will be affixed to a permanent 39 foundation; 40 (iv) as applicable, (A) if the manufactured home is not covered by a 41 certificate of title, a statement by the owner or owners to that effect; 42 and 43 (1) a copy of the original manufacturer's certificate of origin for 44 the manufactured home, duly endorsed to the owner or owners of the manu- 45 factured home; a statement that annexed to the affidavit of affixation 46 is a copy of the original manufacturer's certificate of origin for the 47 manufactured home, duly endorsed to the owner of the manufactured home 48 and that the owner of the manufactured home shall surrender the original 49 manufacturer's certificate of origin to the commissioner of motor vehi- 50 cles; or 51 (2) a statement that the owner or owners of the home, after diligent 52 search and inquiry, are unable to produce the original manufacturer's 53 certificate of origin for the manufactured home and that the owner of 54 the manufactured home shall apply to the commissioner of motor vehicles 55 for a confirmation of conversion of the manufactured home;S. 6277--A 12 A. 7751--A 1 (B) if the manufactured home is covered by a certificate of title, 2 either: 3 (1) a statement by the owner of the manufactured home that the manu- 4 factured home is covered by a certificate of title, the date the title 5 was issued, the title number, a copy of the certificate of title for the 6 manufactured home, naming or duly endorsed to the owner or owners of the 7 manufactured home; a statement that annexed to the affidavit of affixa- 8 tion is a copy of the certificate of title for the manufactured home, 9 naming or duly endorsed to the owner or owners of the manufactured home; 10 and that the owner or owners of the manufactured home shall surrender 11 the original certificate of title to the commissioner of motor vehicles; 12 or 13 (2) a statement by the owner of the manufactured home, after diligent 14 search and inquiry, is unable to produce the certificate of title for 15 the manufactured home and that the owner of the manufactured home shall 16 apply to the commissioner of motor vehicles for a confirmation of 17 conversion of the manufactured home; or 18 (C) if the manufactured home is covered by neither a manufacturer's 19 certificate of origin nor a certificate of title, a statement by the 20 owner of the manufactured home to that effect and that the owner of the 21 manufactured home shall apply to the commissioner of motor vehicles for 22 a confirmation of conversion; 23 (v) a statement whether or not the manufactured home is subject to one 24 or more security interests or liens, and: 25 (1) if the manufactured home is subject to one or more security inter- 26 ests, the name and address of each party holding a security interest in 27 or lien on the manufactured home, including but not limited to, those 28 shown on any certificate of title issued by the commissioner of motor 29 vehicles, if any, and a statement that the security interest or lien 30 shall be released; or 31 (2) a statement that each security interest in or lien on the manufac- 32 tured home, if any, has been released, together with due proof of each 33 such release, if any; 34 (vi) a statement that the manufactured home is or shall be affixed to 35 a permanent foundation; 36 (vii) the name and address of the person designated for filing the 37 recorded original affidavit of affixation with the commissioner of motor 38 vehicles, to whom the recording officer shall return the affidavit of 39 affixation after it has been duly recorded in the real property records, 40 as provided in this section. 41 (b) The affidavit of affixation shall be in the form set forth in 42 paragraph (c) of this subdivision, duly acknowledged or proved in like 43 manner as to entitle a conveyance to be recorded and when so acknowl- 44 edged or proved, upon payment of the lawful fees therefor, the recording 45 officer shall immediately cause the affidavit of affixation and any 46 attachments thereto, to be duly recorded and indexed in the record of 47 deeds. 48 (c) The affidavit of affixation shall conform to the requirements of 49 this subdivision. An affidavit of affixation shall be in the form set 50 forth below: 51 _______________________, 20____ 52 Date 53 _______________________________ 54 Place of RecordingS. 6277--A 13 A. 7751--A 1 Record & Return by [] Mail [] Pickup to: 2 _______________________________ 3 Name 4 _______________________________ 5 Address 1 6 _______________________________ 7 Address 2 8 MANUFACTURED HOME AFFIDAVIT OF AFFIXATION 9 Homeowner, being duly sworn, on his or her oath, states as follows: 10 1. Homeowner owns the manufactured home ("Home") described as follows: 11 _________________________________________________________________________ 12 New/Used Year Manufacturer's Name Model Name or Model No. 13 _________________________________________________________________________ 14 Manufacturer's Serial No. Length / Width 15 2. The Home is or will be located at the following "Property Address": 16 _________________________________________________________________________ 17 Street or Route City County State Zip Code 18 3. The legal description of the Property Address ("Land") is: 19 _________________________________________________________________________ 20 _________________________________________________________________________ 21 _________________________________________________________________________ 22 4. The Homeowner is the owner of the Land or, if not the owner of the 23 Land, is in possession of the real property pursuant to a lease in 24 recordable form, and the consent of the lessor is attached to this 25 Affidavit. 26 5. The Home is, or shall be promptly upon delivery, anchored to the Land 27 by attachment to a permanent foundation and connected to appropriate 28 residential utilities (e.g., water, gas, electricity, sewer). 29 6. Homeowner intends that the Home be an immovable fixture and a 30 permanent improvement to the Land. 31 7. The Home shall be assessed and taxed as an improvement to the Land. 32 8. Homeowner shall initial only one of the following, as it applies to 33 title to the Home. 34 [__] The Home is not covered by a certificate of title. A copy of the 35 manufacturer's certificate of origin, duly endorsed to the Homeowner, 36 is attached to this Affidavit. The Homeowner shall surrender the 37 original manufacturer's certificate of origin. 38 [__] The Home is not covered by a certificate of title. After dili- 39 gent search and inquiry, the Homeowner is unable to produce the 40 original manufacturer's certificate of origin.S. 6277--A 14 A. 7751--A 1 [__] The Home is covered by a certificate of title. A copy of the 2 certificate of title is attached to this Affidavit. The Homeowner 3 shall surrender the original certificate of title. 4 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my 5 presence and in the presence of the undersigned witnesses on this 6 ___________ day of _______________________, __________. 7 _________________________(Seal) _________________________(Seal) 8 Homeowner #1 Witness 9 _________________________ _________________________ 10 Printed Name Printed Name 11 _________________________(Seal) _________________________(Seal) 12 Homeowner #2 Witness 13 _________________________ _________________________ 14 Printed Name Printed Name 15 STATE OF ___________________ ) 16 ) ss.: 17 COUNTY OF __________________ ) 18 On the _____________ day of _______________ in the year _____ 19 before me, the undersigned, a Notary Public in and for said State, 20 personally appeared 21 _______________________________________________________________________, 22 personally known to me or proved to me on the basis of satisfactory 23 evidence to be the individual(s) whose name(s) is(are) subscribed to the 24 within instrument and acknowledged to me that he/she/they executed the 25 same in his/her/their capacity(ies), and that by his/her/their 26 signature(s) on the instrument, the individual(s), or the person on 27 behalf of which the individual(s) acted, executed the instrument. 28 _______________________________ 29 Notary Signature 30 _______________________________ 31 Notary Printed Name 32 Notary Public; State of _______________ 33 Qualified in the County of ____________ 34 My commission expires: ________________ 35 Official Seal: 36 Lender's Statement of Intent: 37 The undersigned ("Lender") intends that the Home be an immovable fixture 38 and a permanent improvement to the Land.S. 6277--A 15 A. 7751--A 1 _______________________________ 2 Lender 3 By:____________________________ 4 Authorized Signature 5 STATE OF _________________ ) 6 ) ss.: 7 COUNTY OF ________________ ) 8 On the ____________ day of ________ in the year ________ before me, the 9 undersigned, a Notary Public in and for said State, personally appeared 10 _______________________________________________________________________, 11 personally known to me or proved to me on the basis of satisfactory 12 evidence to be the individual(s) whose name(s) is(are) subscribed to the 13 within instrument and acknowledged to me that he/she/they executed the 14 same in his/her/their capacity(ies), and that by his/her/their 15 signature(s) on the instrument, the individual(s), or the person on 16 behalf of which the individual(s) acted, executed the instrument. 17 _______________________________ 18 Notary Signature 19 _______________________________ 20 Notary Printed Name 21 Notary Public; State of _________________ 22 Qualified in the County of ______________ 23 My commission expires: __________________ 24 Official Seal: 25 (d) The fee for recording an affidavit of affixation shall be twenty- 26 five dollars. 27 4. Disposition of liens. Neither the act of affixing a manufactured 28 home to real property, nor the recording of the affidavit of affixation 29 shall impair the rights of any holder of a security interest in a manu- 30 factured home perfected as provided in section twenty-one hundred eigh- 31 teen of the vehicle and traffic law, unless and until the due filing 32 with and acceptance by the commissioner of motor vehicles of an applica- 33 tion to surrender the title and a release of any lien as provided in 34 section twenty-one hundred twenty-one of the vehicle and traffic law. 35 Upon the filing of such a release, the security interest created under 36 the vehicle and traffic law terminates. The recording of an affidavit 37 of affixation does not change the character of the lien noted on a 38 certificate of title, and no mortgage recording tax shall be imposed at 39 the time an affidavit of affixation is recorded or upon any lien upon a 40 manufactured home created under the vehicle and traffic law. 41 5. Notice to commissioner of motor vehicles. Upon payment of the fees 42 provided by law and recordation of the affidavit of affixation or affi- 43 davit of severance, the recording officer shall endorse the affidavit as 44 "recorded in land records", setting forth thereon the indexing informa- 45 tion for the affidavit of affixation or the affidavit of severance and 46 the recording officer shall forthwith forward the recorded original 47 affidavit of affixation or the affidavit of severance to the person 48 designated therein for filing with the commissioner of motor vehicles.S. 6277--A 16 A. 7751--A 1 6. Time of conversion: A manufactured home shall be deemed to be real 2 property and shall be governed by the laws applicable thereto, upon the 3 occurrence of all of the following events: 4 (a) the manufactured home is affixed to a permanent foundation as 5 provided in subdivision one of this section, 6 (b) an affidavit of affixation conforming to the requirements of 7 subdivision three of this section has been duly recorded, 8 (c) the recorded original of the affidavit of affixation is delivered 9 to the commissioner of motor vehicles as provided in subdivision five of 10 this section, 11 (d) the requirements of section twenty-one hundred seventeen-a, twen- 12 ty-one hundred seventeen-b, or section twenty-one hundred seventeen-c of 13 the vehicle and traffic law, as applicable, are satisfied. 14 (e) Notwithstanding the provisions of paragraphs (a), (b), (c), and 15 (d) of this subdivision, if an application to surrender a manufacturer's 16 certificate of origin pursuant to section twenty-one hundred seventeen-a 17 of the vehicle and traffic law, an application to surrender a certif- 18 icate of title pursuant to section twenty-one hundred seventeen-b of the 19 vehicle and traffic law, or an application for confirmation of conver- 20 sion pursuant to section twenty-one hundred seventeen-c of the vehicle 21 and traffic law is delivered to the commissioner of motor vehicles with- 22 in thirty days of recording the related affidavit of affixation with the 23 recording officer in the county in which the real property to which the 24 manufactured home is or shall be affixed and the application is there- 25 after accepted by the commissioner, the requirements of this section 26 shall be deemed satisfied as of the date the affidavit of affixation is 27 recorded. 28 7. Conveyance and encumbrance as real property. When a manufactured 29 home is deemed to be real property as provided in subdivision six of 30 this section, any mortgage, lien or security interest which can attach 31 to land, buildings erected thereon or fixtures affixed thereto, shall 32 attach, as of the date of recording in the same manner as real property. 33 Title to such manufactured home shall be transferred by deed or other 34 form of conveyance that is effective to transfer an interest in real 35 property, together with the land to which such structure is affixed. The 36 manufactured home shall be deemed to be real property and shall be 37 governed by the laws of this state applicable to real property. 38 8. Manufactured homes that remain personal property or a fixture. 39 Except as provided in subdivisions three, five, six and seven of this 40 section, an affidavit of affixation is not necessary or effective to 41 convey or encumber a manufactured home or to change the character of the 42 manufactured home to real property. 43 9. Affidavit of severance. (a) If and when a manufactured home for 44 which an affidavit of affixation has been recorded, is detached or 45 severed from the real property where it is affixed, any person having an 46 interest in the real property may record an affidavit of severance in 47 the land records of the county where the affidavit of affixation with 48 respect to the home is recorded. The affidavit of severance shall 49 contain or be accompanied by: 50 (i) the name, residence and mailing address of the owner of the manu- 51 factured home; 52 (ii) a description of the manufactured home including, so far as the 53 following data exists: the name of the manufacturer, the make, the model 54 name, the model year, the dimensions, and the vehicle identification 55 number or numbers of the manufactured home and whether it is new or 56 used;S. 6277--A 17 A. 7751--A 1 (iii) a statement of book number, page number and date of recordation 2 of the affidavit of affixation; 3 (iv) a statement of either, (A) any facts or information known to the 4 affiant that could reasonably affect the validity of the title of the 5 manufactured home or the existence or non-existence of security inter- 6 ests in it or liens on it, or (B) that no such facts or information are 7 known to the affiant; 8 (v) a sworn declaration by an attorney-at-law, duly admitted to prac- 9 tice in the courts of the state of New York, or an agent of the title 10 insurance company duly licensed to issue policies of title insurance in 11 the state of New York that the manufactured home is free and clear of 12 all security interests, liens and encumbrances, and (A) any facts or 13 information known to him or her that could reasonably affect the validi- 14 ty of the title of the manufactured home or the existence or non-exis- 15 tence of security interests in or liens on it; or (B) that no such facts 16 or information are known to him or her; and 17 (vi) the name and address of the person designated for recording the 18 affidavit of severance with the commissioner of motor vehicles, to whom 19 the recording officer shall deliver the affidavit of severance after it 20 has been duly recorded in the real property records, as provided in this 21 section. 22 (b) The affidavit of severance shall be in the form set forth in para- 23 graph (c) of this subdivision duly acknowledged or proved in like manner 24 as to entitle a conveyance to be recorded and when so acknowledged or 25 proved, upon payment of the lawful fees therefor, such recording officer 26 shall immediately cause the affidavit and any attachments thereto, to be 27 duly recorded and indexed in the record of deeds. 28 (c) The affidavit of severance shall conform to the requirements of 29 this section. An affidavit of severance shall be in the form set forth 30 below: 31 ______________, 20 _____ FILING INSTRUCTIONS: ______, ________, 32 Date _______ _______. 33 ________________________ 34 Place of Recording 35 Prepared by: Record & Return by [] Mail [] Pickup 36 to: 37 _______________________________ ________________________________ 38 Name Bar No. (if applicable) Name 39 _______________________________ ________________________________ 40 Address 1 Address 1 41 _______________________________ ________________________________ 42 Address 2 Address 2 43 _______________________________ ________________________________ 44 Telephone Number Telephone Number 45 MANUFACTURED HOME AFFIDAVIT OF SEVERANCE 46 STATE OF __________________ ) 47 ) ss.: 48 COUNTY OF __________________ )S. 6277--A 18 A. 7751--A 1 BEFORE ME, the undersigned notary public, on this day personally 2 appeared Homeowner(s) known to me to be the person(s) whose name(s) 3 is/are subscribed below (each a "Homeowner"), and who, being by me first 4 duly sworn, did each on his or her oath state as follows: 5 1. The legal description of the real property from which the manufac- 6 tured home ("Home"), described below, is or will be severed ("Land") 7 is: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 8 2. The Homeowner(s) reside at the following address: 9 ________________________________________________________________________ 10 Street or Route City County State Zip Code 11 Mailing address, if different: 12 ________________________________________________________________________ 13 Street or Route City County State Zip Code 14 3. Homeowner owns the Home described as follows: 15 ________________________________________________________________________ 16 New/Used Manf. Model Name Manf. Length/Width 17 Year Name/Make and Model No. Serial No. 18 4. The Home is or was located at the following "Property Address": 19 ________________________________________________________________________ 20 Street or Route City County State Zip Code 21 5. An Affidavit of Affixation was duly recorded in the land records of 22 _______________________ County on _______________________, with an 23 instrument number of _____________ and/or in the Deed Book in book 24 number _____________ at page number __________. A copy of the 25 recorded Affidavit of Affixation is attached to this Affidavit. 26 6. The Home is subject to the following security interest (each, a 27 "Security interest"): 28 Name of Lienholder: _______________ Name of Lienholder: ________________ 29 Address: __________________________ Address: ___________________________ 30 Original Principal Original Principal 31 Amount Secured: ___________________ Amount Secured: ____________________ 32 7. Other than those disclosed in this Affidavit, (i) the Homeowner is 33 not aware of any facts or information known to him or her that could 34 reasonably affect the validity of the title of the manufactured home 35 or the existence or non-existence of security interests in or liens 36 on it or (ii) that no such facts or information are known to the 37 Homeowner.S. 6277--A 19 A. 7751--A 1 8. The sworn statement of an attorney at law, duly admitted to practice 2 in the courts of the state of New York, or an agent of a title insur- 3 ance company duly licensed to issue policies of title insurance in 4 the state of New York is attached ("Severance Certification"). The 5 Severance Certification states that the manufactured home is free and 6 clear of all security interests, liens and encumbrances or all secu- 7 rity interests, liens and encumbrances will be released, and (A) any 8 facts or information known to him that could reasonably affect the 9 validity of the title of the manufactured home or the existence or 10 non-existence of security interests in or liens on it; or (B) that no 11 such facts or information are known to him. 12 9. The Homeowner designates the following person to file the recorded 13 copy of this Manufactured Home Affidavit of Severance with the 14 Department of Motor Vehicles. After recording of this Affidavit, the 15 county clerk court shall return the recorded copy to this designated 16 person: 17 Name: ___________________________ 18 Address: ____________________________________ 19 10. This Affidavit is executed by Homeowner(s) pursuant to applicable 20 state law. 21 IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my pres- 22 ence on this __________ day of __________________, _________. 23 ________________________________(SEAL) 24 Homeowner #1 25 ________________________________ 26 Printed Name 27 ________________________________(SEAL) 28 Homeowner #2 29 ________________________________ 30 Printed Name 31 STATE OF _______________ ) 32 ) ss.: 33 COUNTY OF _______________) 34 On the ________ day of _________________ in the year _______ before 35 me, the undersigned, a Notary Public in and for said State, personally 36 appeared 37 ___________________________________________________________________, 38 personally known to me or proved to me on the basis of satisfactory 39 evidence to be the individual(s) whose name(s) is(are) subscribed to theS. 6277--A 20 A. 7751--A 1 within instrument and acknowledged to me that he/she/they executed the 2 same in his/her/their capacity(ies), and that by his/her/their 3 signature(s) on the instrument, the individual(s), or the person on 4 behalf of which the individual(s) acted, executed the instrument. 5 ___________________________________________ 6 Notary Signature 7 ___________________________________________ 8 Notary Printed Name 9 Notary Public; State of ___________________ 10 Qualified in the County of ________________ 11 My commission expires: ___________________ 12 Official Seal: 13 (d) The fee for recording an affidavit of severance shall be twenty- 14 five dollars. 15 (e) Upon receipt from the recording officer of the affidavit of sever- 16 ance by the person presenting the affidavit for recording, such person 17 shall forthwith deliver for filing to the commissioner of motor vehicles 18 the affidavit of severance and other documents provided in this subdivi- 19 sion. 20 10. Documents in trust. (a) The holder of a manufacturer's certif- 21 icate of origin to a manufactured home may deliver it to any person to 22 facilitate conveying or encumbering the home. Any person receiving any 23 such manufacturer's certificate of origin so delivered holds it in trust 24 for the person delivering it. 25 (b) The holder of a certificate of title to a manufactured home may 26 deliver it to any person to facilitate conveying or encumbering the 27 home. Any person receiving any such manufacturer's certificate of origin 28 so delivered holds it in trust for the person delivering it. 29 (c) The holder of a security interest in a manufactured home may 30 deliver lien release documents to any person to facilitate conveying or 31 encumbering the home. Any person receiving any such documents so deliv- 32 ered holds the documents in trust for the lienholder. 33 11. Impairment of rights. Nothing in this section shall impair any 34 rights existing under law prior to the effective date of this section of 35 anyone claiming an interest in a manufactured home. 36 § 17. Regulations. The commissioner of motor vehicles is hereby 37 authorized and directed to promulgate rules and regulations necessary 38 for the implementation of this act. 39 § 18. This act shall take effect January 1, 2020; provided, however, 40 that effective immediately, the addition, amendment and/or repeal of any 41 rule or regulation necessary for the implementation of this act on its 42 effective date are authorized to be made and completed on or before such 43 date.
