AS Title 34, Chapter 85: Manufactured Home Property Act

Chapter 85. Manufactured Home Property Act. Sec. 34.85.010. Real property characterization. A manufactured home becomes real property if (1) the home is permanently affixed to land under AS 34.85.150 ; (2) an affixation affidavit has been recorded under AS 40.17.125 ; (3) the ownership interests in the manufactured home and in the real property to which the manufactured home is permanently affixed are identical, except as provided by AS 34.85.040 ; and (4) the manufactured home is (A) covered by a manufacturer's certificate of origin that the owner of the manufactured home is able to produce, and the department has cancelled the manufacturer's certificate of origin under AS 28.10.262 ; (B) covered by a certificate of title that the owner of the manufactured home is able to produce, and the department has cancelled the certificate of title under AS 28.10.263 ; or (C) not covered by a manufacturer's certificate of origin or a certificate of title, or if the manufactured home is covered by a manufacturer's certificate of origin or a certificate of title but the owner of the manufactured home, after diligent search and inquiry, was unable to produce the manufacturer's certificate of origin or certificate of title, and the department has provided a written confirmation under AS 28.10.264 . Sec. 34.85.020. Effect of real property characterization. (a) When a manufactured home becomes real property under AS 34.85.010 , a mortgage, deed of trust, lien, or security interest that can attach to land, buildings erected on land, or fixtures affixed to land or buildings attaches to the manufactured home in the same manner as if the manufactured home were built from ordinary building materials on the land where the manufactured home is located. (b) If the title to a manufactured home is transferred after the manufactured home becomes real property under AS 34.85.010 , title to the manufactured home, together with the land to which the converted manufactured home is affixed, shall be transferred by deed or other form of conveyance that is effective to transfer an interest in real property. (c) When a manufactured home becomes real property under AS 34.85.010 , the manufactured home is governed by the laws applicable to real property in effect on the date the manufactured home satisfies AS 34.85.010 . Sec. 34.85.040. Ownership interest exception. If the owner of a manufactured home is not the owner of the real property on which the manufactured home is located, the requirement under AS 34.85.010 (3) that the ownership interests be identical is satisfied if the owner possesses the real property under (1) a lease in a recordable form that has a term that continues for at least 20 years after the date of execution of the affixation affidavit; and (2) the lessor of the real property consents. Sec. 34.85.060. Affixation affidavit requirements. An affixation affidavit must provide (1) the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home; (2) whether the manufactured home is new or used; (3) a statement that the person executing the affidavit is (A) the owner of the real property described in the affixation affidavit; or (B) not the owner of the real property described in the affixation affidavit, and the person (i) is in possession of the real property under a lease in recordable form that has a term that continues for at least 20 years after the date of execution of the affidavit; and (ii) the lessor of the real property consents; (4) if (3)(B)(ii) of this section applies, the consent of the lessor of the real property endorsed on or attached to the affidavit and acknowledged or proved in the manner required for the conveyance to be recorded; (5) the street address and the legal description of the real property to which the manufactured home is or shall be permanently affixed; (6) if the manufactured home is not covered by a certificate of title, a statement by the owner to that effect; (7) an owner's statement under AS 34.85.070 ; (8) a statement whether or not the manufactured home is subject to a lien or encumbrance; (9) if the manufactured home is subject to a lien or encumbrance, a statement giving the name and address of each person who holds a lien or encumbrance on the manufactured home, including each holder of a lien or encumbrance shown on a certificate of title issued by the department, the original principal amount secured by each lien and encumbrance, and a statement that (A) the lien or encumbrance shall be released; or (B) each lien or encumbrance on the manufactured home has been released and proof of the release; (10) if the manufactured home is not covered by a manufacturer's certificate of origin or a certificate of title, a statement by the owner of the manufactured home that the manufactured home is not covered by a manufacturer's certificate of origin or a certificate of title and that the owner of the manufactured home will apply to the department under AS 28.10.264 ; (11) a statement that the manufactured home is or will be permanently affixed to the real property; and (12) the name and address of a person designated for filing the certified copy of the affixation affidavit with the department. Sec. 34.85.070. Owner's statement for affixation affidavit. (a) An owner's statement for an affixation affidavit must comply with (b) or (c) of this section. (b) If a manufactured home is covered by a manufacturer's certificate of origin, the owner of the manufactured home shall (1) state that the manufactured home is covered by a manufacturer's certificate of origin, provide the date the manufacturer's certificate of origin was issued, provide the manufacturer's serial number, state that the original manufacturer's certificate of origin for the manufactured home is annexed to the affixation affidavit and is endorsed to the owner of the manufactured home, and state that the owner of the manufactured home will surrender the manufacturer's certificate of origin for cancellation under AS 28.10.262 ; or (2) state that the owner of the manufactured home, after diligent search and inquiry, has been unable to produce the original manufacturer's certificate of origin for the manufactured home and shall apply to the department under AS 28.10.264 . (c) If a manufactured home is covered by a certificate of title, the owner of the manufactured home shall (1) state that the manufactured home is covered by a certificate of title, provide the date the title was issued and the title number, and state that the owner shall surrender the title for cancellation under AS 28.10.263 ; or (2) state that the owner, after diligent search and inquiry, has been unable to produce the certificate of title to the manufactured home and shall apply to the department under AS 28.10.264 . Sec. 34.85.080. Effect on liens and encumbrances. Permanently affixing a manufactured home to real property or recording an affixation affidavit under AS 40.17.125 does not impair the rights of a holder of, or the character of, a lien or encumbrance on a manufactured home under AS 28.10.381 unless an application to cancel the title is filed with the department under AS 28.10.263 and the lien or encumbrance is released under AS 28.10.401 . Sec. 34.85.090. Filing affixation affidavit with department. When a person designated in an affixation affidavit to file the affixation affidavit with the department receives a certified copy of the recorded affixation affidavit, the person shall deliver the certified copy of the affixation affidavit to the department for filing under AS 28.10.262 — 28.10.264. Sec. 34.85.100. Use of affidavit. (a) Except as provided in AS 34.85.010 , 34.85.020, 34.85.090, and AS 40.17.125 , an affixation affidavit is not necessary or effective to convey or encumber a manufactured home or to change the character of a manufactured home to real property. (b) A conveyance of land on which a manufactured home is located must recite that the conveyance does not affect the title to the manufactured home and that the transfer or encumbrance of the manufactured home can only be made under AS 28.10 if (1) an affixation affidavit has not been recorded for the manufactured home; or (2) a severance affidavit has been recorded for the manufactured home. (c) An agreement that waives the requirements of (a) or (b) of this subsection is void. Sec. 34.85.110. Severance of manufactured home. If an affixation affidavit has been recorded for a converted manufactured home and if the converted manufactured home is severed from the real property to which it was affixed, each person having an interest in the real property shall record a severance affidavit in the recording district where the affixation affidavit was recorded. Sec. 34.85.120. Severance affidavit. The severance affidavit must contain or be accompanied by (1) the name, residence, and mailing address of the owner of the manufactured home; (2) a description of the manufactured home, including the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home; (3) a statement of whether the manufactured home is new or used; (4) the serial numbers and date when the affixation affidavit was recorded; (5) a statement (A) of any facts or information known to the person signing the affidavit that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home; or (B) that the person signing the affidavit does not know any facts or information that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home; (6) a declaration made under oath or affirmation by an attorney authorized under AS 08.08 to practice law in the state or an agent of a title insurance company entitled under AS 21.66 to transact a title insurance business in this state that the manufactured home is free and clear of all liens and encumbrances, and (A) stating any facts or information known to the attorney or agent that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home; or (B) that the attorney or agent does not know any facts or information that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home; and (7) the name and address of the person designated to file the certified copy of the severance affidavit with the department under AS 28.10.265 . Sec. 34.85.130. Filing of severance affidavit. On receipt of a certified copy of the severance affidavit by the person designated in the affidavit for filing with the department, the person shall file the certified copy with the department under AS 28.10.262 — 28.10.264. Sec. 34.85.140. Affidavit form and acknowledgment. (a) An affixation affidavit and a severance affidavit must be acknowledged in the same manner as a conveyance of real property and must be in a form that may be recorded under AS 40.17 . (b) The department shall establish by regulation the forms for an affixation affidavit and a severance affidavit. Sec. 34.85.150. Permanently affixed. A manufactured home is permanently affixed when it is (1) anchored to real property by attachment to a permanent foundation; (2) constructed in accordance with applicable state and local building codes and manufacturer's specifications as provided in the Model Manufactured Home Installation Standards of the federal Department of Housing and Urban Development (24 C.F.R. 3285); and (3) connected to a residential utility, including water, gas, electricity, sewer, or septic service. Sec. 34.85.190. Definitions. In this chapter, unless the context requires otherwise, (1) “affixation affidavit” means an affixation affidavit under AS 34.85.060 ; (2) “department” means the Department of Administration; (3) “manufactured home” has the meaning given in AS 45.29.102 ; (4) “permanently affixed” means when a manufactured home is permanently affixed under AS 34.85.150 ; (5) “severance affidavit” means a severance affidavit under AS 34.85.120 . Sec. 34.85.195. Short title. This chapter may be cited as the Manufactured Home Property Act.