Outline
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Affidavit of Affixture Sample
Affidavit of Affixture
This Affidavit of Affixture is made pursuant to the laws governing affixture in the state of [State Name]. It outlines the pertinent details regarding the affixture of a mobile or manufactured home to real property.
STATE OF [State Name]
COUNTY OF [County Name]
Before me, the undersigned authority, personally appeared [Affiant's Full Name], who, being duly sworn, deposes and says:
- That I am the owner of the mobile home described as follows:
Make: ________________________
Model: ________________________
Year: ________________________
VIN/Serial Number: ________________________
- That I affirm the location of said mobile home as follows:
Address of Real Property: ________________________
City: ________________________
State: ________________________
Zip Code: ________________________
- That the mobile home has been affixed to the real property named above, in accordance with applicable state laws, and is intended to remain there permanently.
Moreover, I affirm that:
- The mobile home is firmly anchored and securely attached to the foundation.
- Utilities have been installed and are functioning correctly.
- I have taken all necessary actions to ensure that the home complies with all local regulations.
This affidavit is executed on [Date] in [City, County, State].
Affiant's Signature: ________________________
Printed Name: ________________________
Address: ________________________
Phone Number: ________________________
Sworn to and subscribed before me this ____ day of __________, 20__.
Notary Public Signature: ________________________
Notary Public Name: ________________________
Commission Expires: ________________________
Instructions on Utilizing Affidavit of Affixture
Once you have gathered the necessary information and documents, you can proceed to fill out the Affidavit of Affixture form. This process involves providing specific details about the property and the affixture itself. Careful attention to accuracy is essential, as this document may have significant implications for property ownership and tax status.
- Begin by entering the date at the top of the form.
- Fill in your full name and address in the designated sections.
- Provide a detailed description of the property, including the physical address and any relevant identifiers, such as parcel numbers.
- Indicate the type of structure being affixed, specifying whether it is a mobile home, manufactured home, or another type.
- Include the make, model, and year of the structure, along with its Vehicle Identification Number (VIN) if applicable.
- State the reason for the affixture, clearly outlining your intentions regarding the property.
- Sign the form in the presence of a notary public, ensuring that the notary also signs and stamps the document.
- Make copies of the completed form for your records and any other necessary parties.
After completing the form, it is advisable to submit it to the appropriate county or local authority. This will typically involve filing it with the tax assessor's office or the land records office, depending on local regulations. Ensure that you check for any specific submission requirements or fees that may apply in your jurisdiction.
Misconceptions
Misconceptions about the Affidavit of Affixture form can lead to confusion and misunderstandings. Below are some common misconceptions along with clarifications.
- It is only for mobile homes. Many believe that the Affidavit of Affixture is exclusively for mobile homes. In reality, it can apply to various types of manufactured structures that are permanently affixed to land.
- Filing the form guarantees property value increase. Some think that submitting this form will automatically increase the value of their property. However, while it may help establish ownership, property values depend on various market factors.
- It is not legally binding. A common misconception is that the Affidavit of Affixture has no legal standing. In fact, when properly executed, it serves as a legal document that can establish rights and ownership.
- Only the original owner can file it. Many assume that only the original owner of the structure can submit the form. However, any party with an interest in the property may file it, provided they have the necessary documentation.
- It is only needed in certain states. Some people believe that the Affidavit of Affixture is only required in specific states. In truth, requirements vary by state, but it is applicable in many jurisdictions where manufactured homes are involved.
- It replaces a title. There is a misconception that filing an Affidavit of Affixture replaces the need for a title. Instead, it complements existing title documentation by affirming the structure's attachment to the land.
- It can be filed anytime. Some individuals think they can file the form at any time. However, it is typically best to file it soon after the structure is affixed to the land to avoid complications.
- It is a simple process with no requirements. Many believe that the process is straightforward and requires no documentation. In reality, specific requirements and supporting documents are necessary to complete the filing.
- It is only relevant for tax purposes. Some people think the Affidavit of Affixture is solely for tax reasons. While it can affect taxation, its primary purpose is to establish legal ownership and rights regarding the property.
Documents used along the form
When dealing with the Affidavit of Affixture form, several other documents may be necessary to ensure a smooth process. Each of these forms serves a specific purpose, often complementing the affidavit to provide clarity and legal support. Below is a list of commonly used documents that may accompany the Affidavit of Affixture.
- Certificate of Title: This document proves ownership of the property and is essential for confirming that the affixed structure belongs to the owner of the land.
- Property Deed: The property deed outlines the legal description of the property and the rights of the owner. It is crucial for establishing the legal context of the land where the structure is affixed.
- Building Permit: A building permit is often required to ensure that the structure complies with local zoning laws and building codes. This document demonstrates that the necessary approvals were obtained before construction.
- Surveyor's Report: This report provides a detailed assessment of the property boundaries and any existing structures. It can help clarify the placement of the affixed structure in relation to property lines.
- Tax Assessor's Statement: This statement indicates the assessed value of the property and any improvements made. It can be important for tax purposes and to establish the value of the affixed structure.
- Affidavit Letter of Support: Providing an Affidavit that includes personal testimonials can significantly support the credibility of the ownership claim during the affidavit process.
- Homeowner's Association (HOA) Approval: If the property is within an HOA, obtaining approval for the affixed structure may be necessary. This document shows compliance with community regulations and standards.
Having these documents ready can streamline the process and help avoid potential issues down the line. Each one plays a role in supporting the validity and legality of the Affidavit of Affixture, ensuring that all aspects of property ownership and construction are properly documented.