SB 153: "An Act relating to manufactured homes, including manufactured homes permanently affixed to land, to the conversion of manufactured homes to real property, to the severance of manufactured homes from real property, to the titling, conveyance, and encumbrance of manufactured homes, and to manufacturers' certificates of origin for vehicles; and providing for an effective date."
00 SENATE BILL NO. 153 01 "An Act relating to manufactured homes, including manufactured homes permanently 02 affixed to land, to the conversion of manufactured homes to real property, to the 03 severance of manufactured homes from real property, to the titling, conveyance, and 04 encumbrance of manufactured homes, and to manufacturers' certificates of origin for 05 vehicles; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 FINDINGS AND PURPOSE. (a) The legislature finds the legal status of 10 manufactured homes affixed or to be affixed to real property in the state needs to be clarified. 11 (b) The purpose of this Act is to establish a clear statutory procedure for 12 (1) converting to real property manufactured homes that are affixed to real 13 property; and
01 (2) severing manufactured homes from real property. 02 * Sec. 2. AS 06.05.207 is amended by adding a new subsection to read: 03 (c) In this section, "real property" includes a manufactured home that has 04 become real property under AS 34.85.010; in this subsection, "manufactured home" 05 has the meaning given in AS 45.29.102. 06 * Sec. 3. AS 06.15.250 is amended by adding a new subsection to read: 07 (b) In this section, "real property" includes a manufactured home that has 08 become real property under AS 34.85.010; in this subsection, "manufactured home" 09 has the meaning given in AS 45.29.102. 10 * Sec. 4. AS 06.45.060(5)(A) is amended to read: 11 (A) loans to members shall be made in conformity with 12 regulations adopted by the commissioner, except that 13 (i) a residential real estate loan that is made to finance 14 the acquisition of a one- to four-family dwelling for the principal 15 residence of a credit union member that is secured by a first lien on the 16 dwelling may have a maturity not exceeding 30 years; 17 (ii) a loan to finance the purchase of a manufactured 18 [MOBILE] home that is secured by a first lien on the manufactured 19 [MOBILE] home, to be used as the residence of a credit union member, 20 or for the repair, alteration, or improvement of a residential dwelling 21 that is the residence of a credit union member must have a maturity not 22 to exceed 20 years unless the loan is insured or guaranteed under (iii) of 23 this subparagraph; 24 (iii) a loan secured by the insurance or guarantee of the 25 federal government, of a state government, or an agency of either may 26 be made for the maturity and under the terms and conditions specified 27 in the law under which the insurance or guarantee is provided; 28 (iv) a loan or aggregate of loans to a director or member 29 of the supervisory or credit committee of the credit union making the 30 loan that exceeds $20,000 plus pledged shares shall be approved by the 31 board of directors;
01 (v) loans to other members for which directors or 02 members of the supervisory or credit committee act as guarantor or 03 endorser shall be approved by the board of directors when the loans 04 standing alone or when added to an outstanding loan or loans of the 05 guarantor or endorser exceed $20,000; 06 (vi) the rate of interest may not exceed the greater of 15 07 percent a year or the rate specified in AS 45.45.010(b); 08 (vii) the taking, receiving, reserving, or charging of a 09 rate of interest greater than is allowed by this paragraph, when 10 knowingly done, is considered a forfeiture of the entire interest that the 11 note, bill, or other evidence of debt carries with it, or that has been 12 agreed to be paid on the note, bill, or other evidence of debt; if a greater 13 rate of interest has been paid, the person by whom it has been paid or 14 the person's legal representatives may recover back from the credit 15 union taking or receiving it the entire amount of interest paid, but the 16 action must be commenced within two years from the time the usurious 17 collection was made; 18 (viii) a borrower may repay a loan before maturity in 19 whole or in part on any business day without penalty; 20 (ix) loans shall be paid or amortized under regulations 21 adopted by the commissioner that consider the needs or conditions of 22 the borrowers, the amounts and duration of the loans, the interests of 23 the members and the credit union, and other factors established in 24 regulations adopted by the commissioner; 25 (x) the total dollar amount of real estate loans and 26 manufactured [MOBILE] home loans outstanding may not exceed 25 27 percent of the assets of the credit union without the written approval of 28 the commissioner; 29 (xi) a credit union with assets of less than $3,000,000 30 may make real estate loans with maturities in excess of 15 years only 31 with the approval of the commissioner;
01 * Sec. 5. AS 06.45.060 is amended by adding a new subsection to read: 02 (b) In this section, "manufactured home" has the meaning given in 03 AS 45.29.102. 04 * Sec. 6. AS 06.60.990(19) is amended to read: 05 (19) "mortgage loan" 06 (A) means a loan made to an individual if the proceeds are to 07 be used primarily for personal, family, or household purposes and if the loan is 08 secured by a mortgage or deed of trust on an interest in a residential owner- 09 occupied property, including a manufactured home that has become real 10 property under AS 34.85.010, for one to four family units located in the state 11 and regardless of where the loan is made; in this subparagraph, 12 "manufactured home" has the meaning given in AS 45.29.102; 13 (B) includes the renewal or refinancing of a loan; 14 (C) does not include loans 15 (i) or extensions of credit to buyers of real property for 16 a part of the purchase price of the property by persons selling the 17 property owned by them; 18 (ii) to persons related to the lender by blood or 19 marriage; 20 (iii) to persons who are employees of the lender; or 21 (iv) made primarily for a business, commercial, or 22 agricultural purpose of the borrower or for construction of residential 23 property; 24 * Sec. 7. AS 09.45 is amended by adding a new section to read: 25 Article 13. General Provisions. 26 Sec. 09.45.990. Definitions. In this chapter, 27 (1) "real property" includes a manufactured home that has become real 28 property under AS 34.85.010; 29 (2) "manufactured home" has the meaning given in AS 45.29.102. 30 * Sec. 8. AS 28.05.061(a) is amended to read: 31 (a) The Department of Administration shall file, maintain, and appropriately
01 index records of 02 (1) vehicle registrations under AS 28.10.071(a) - (c); 03 (2) stolen, converted, recovered, and unclaimed vehicles under 04 AS 28.10.071(d); 05 (3) titles and documents creating and evidencing liens or 06 encumbrances under AS 28.10.381; 07 (4) abandoned vehicles under AS 28.11.030(c); [AND] 08 (5) driver's license and driving records under AS 28.15.151; 09 (6) applications under AS 28.10.262 for cancellation of a 10 manufacturer's certificate of origin for a manufactured home; 11 (7) applications under AS 28.10.263 for cancellation of a certificate 12 of title for a manufactured home; 13 (8) applications under AS 28.10.264 for confirmation of conversion 14 of a manufactured home to real property; 15 (9) applications under AS 28.10.265 for a certificate of title for a 16 severed manufactured home; 17 (10) manufacturer's certificates of origin accepted for cancellation 18 by the department under AS 28.10.262 for a manufactured home; and 19 (11) certificates of title accepted for cancellation by the 20 department under AS 28.10.263 for a manufactured home. 21 * Sec. 9. AS 28.05.061 is amended by adding new subsections to read: 22 (e) For cancelled manufacturer's certificates of origin, cancelled certificates of 23 title, or applications for conversion filed under (a)(8), (10), or (11) of this section, the 24 department record must state 25 (1) the name of each owner of the manufactured home; 26 (2) the date the manufacturer's certificate of origin or the certificate of 27 title was accepted for cancellation if the certificate was cancelled under (a)(10) or (11) 28 of this section; and 29 (3) the recording information for the affixation affidavit required by 30 AS 28.10.266. 31 (f) For applications for certificates of title under (a)(9) of this section, the
01 department record must state the name of each owner of the manufactured home and 02 the recording information for the severance affidavit recorded under AS 40.17.125. 03 (g) In this section, "recording information" means the district where the 04 affidavit was recorded, and the date and book and page numbers of the affidavit's 05 recording in the recording district. 06 * Sec. 10. AS 28.10.201(b) is amended to read: 07 (b) The owner of a vehicle described in AS 28.10.011 as being exempt from 08 registration and the owner of a snowmobile or off-highway vehicle may not apply for, 09 nor may the department issue, a certificate of title for the vehicle. However, the 10 department 11 (1) may issue a certificate of title to the owner of a vehicle exempt 12 from registration under AS 28.10.011(3), (6), (7), or (10) only upon application by that 13 owner; and 14 (2) except as provided in (e) of this section, shall issue a certificate of 15 title to the owner of a manufactured [MOBILE] home upon application, display of 16 evidence of ownership satisfactory to the department, and payment of a fee of $100 by 17 the owner; a certificate of title issued under this paragraph must comply with 18 AS 28.10.231. 19 * Sec. 11. AS 28.10.201 is amended by adding a new subsection to read: 20 (e) The department may not issue a certificate of title to a manufactured home 21 if an application for the manufactured home has been filed under AS 28.10.262 - 22 28.10.264. 23 * Sec. 12. AS 28.10.211(c) is amended to read: 24 (c) When an application for title refers to a new vehicle, the application must 25 be accompanied by a "manufacturer's certificate [STATEMENT] of origin" and other 26 information reasonably required by the department. 27 * Sec. 13. AS 28.10.211 is amended by adding a new subsection to read: 28 (f) The holder of a manufacturer's certificate of origin to a manufactured home 29 may deliver the certificate to any person to facilitate conveying or encumbering the 30 manufactured home, and a person who receives the manufacturer's certificate of origin 31 holds it in trust for the person delivering it.
01 * Sec. 14. AS 28.10.221 is amended by adding a new subsection to read: 02 (d) Except as provided in AS 28.10.263, the department may not suspend or 03 revoke a certificate of title to a manufactured home based solely on the fact that the 04 manufactured home is affixed in any manner to real property. 05 * Sec. 15. AS 28.10.261 is amended by adding a new subsection to read: 06 (c) Notwithstanding another provision of law to the contrary, a certificate of 07 title issued by the department for a manufactured home is prima facie evidence of the 08 facts appearing on it, even if the manufactured home is affixed in any manner to real 09 property. 10 * Sec. 16. AS 28.10 is amended by adding new sections to article 2 to read: 11 Sec. 28.10.262. Cancellation of manufacturer's certificate of origin to a 12 manufactured home. (a) Subject to AS 28.05.041 and (b) of this section, the 13 department shall cancel the manufacturer's certificate of origin for a manufactured 14 home and update the department's records under AS 28.05.061, if the owner of the 15 manufactured home files the following items with the department: 16 (1) an application that complies with AS 28.10.266 for cancellation of 17 the manufacturer's certificate of origin; and 18 (2) the original certificate of origin. 19 (b) To be eligible for cancellation under (a) of this section, the manufactured 20 home must be covered by a manufacturer's certificate of origin and 21 (1) be permanently affixed to real property under AS 34.85.150; or 22 (2) the owner must intend to permanently affix the manufactured home 23 to real property under AS 34.85.150. 24 (c) The department shall provide to each identified person a written 25 acknowledgment that a person has satisfied this section with regard to a manufactured 26 home. 27 (d) When a person satisfies this section with regard to a manufactured home, 28 the manufactured home is not subject to this chapter. 29 Sec. 28.10.263. Cancellation of certificate of title to manufactured home. 30 (a) Subject to AS 28.05.041 and (b) of this section, the department shall cancel the 31 certificate of title for a manufactured home and update the department's records under
01 AS 28.05.061, if the owner of the manufactured home files the following items with 02 the department: 03 (1) an application that complies with AS 28.10.266 for cancellation of 04 the certificate of title; and 05 (2) the original certificate of title. 06 (b) To be eligible for cancellation under (a) of this section, the manufactured 07 home must be covered by a certificate of title and 08 (1) be permanently affixed to real property under AS 34.85.150, or the 09 owner must intend to permanently affix the manufactured home to real property under 10 AS 34.85.150; and 11 (2) all liens or encumbrances filed under AS 28.10.381 have been 12 released. 13 (c) The department shall provide to each identified person a written 14 acknowledgment that a person has satisfied this section with regard to a manufactured 15 home. 16 (d) When a person satisfies this section with regard to a manufactured home, 17 the manufactured home is not subject to this chapter. 18 Sec. 28.10.264. Confirmation of conversion of a manufactured home to 19 real property. (a) Subject to AS 28.05.041, the department shall confirm the 20 conversion of a manufactured home to real property and update the department's 21 records under AS 28.05.061, if the owner of the manufactured home files with the 22 department a conversion confirmation application that complies with AS 28.10.266 23 and if 24 (1) the manufactured home is permanently affixed to real property 25 under AS 34.85.150, or the owner intends to permanently affix the manufactured 26 home to real property under AS 34.85.150; and 27 (2) the manufactured home is 28 (A) not covered by a manufacturer's certificate of origin or a 29 certificate of title; 30 (B) covered by a manufacturer's certificate of origin, but the 31 owner of the manufactured home, after diligent search and inquiry, is unable to
01 produce the certificate of origin; or 02 (C) covered by a certificate of title, but the owner of the 03 manufactured home, after diligent search and inquiry, is unable to produce the 04 certificate of title. 05 (b) The department shall provide to each identified person a written 06 acknowledgment that a person has satisfied this section with regard to a manufactured 07 home. 08 (c) When a person satisfies this section with regard to a manufactured home, 09 the manufactured home is not subject to this chapter. 10 Sec. 28.10.265. Certificate of title to severed manufactured home. (a) 11 Subject to AS 28.05.041, the department shall issue a certificate of title for a 12 manufactured home and update the department's records under AS 28.05.061, if the 13 owner of the manufactured home files with the department an application that 14 complies with AS 28.10.266 and if 15 (1) the manufactured home was permanently affixed to real property 16 under AS 34.85.150; 17 (2) an affixation affidavit was recorded for the manufactured home 18 under AS 40.17.125; and 19 (3) the manufactured home was severed after the occurrence of (1) and 20 (2) of this subsection from the real property to which it was affixed. 21 (b) When a person satisfies this section with regard to a manufactured home, 22 the manufactured home is subject to this chapter. 23 Sec. 28.10.266. Application provisions. An application under AS 28.10.262 - 24 28.10.265 must provide 25 (1) the name, residence, and mailing address of the owner of the 26 manufactured home; 27 (2) a description of the manufactured home, including the name of the 28 manufacturer, the make, the model name, the model year, the dimensions, the 29 manufacturer's serial number for the manufactured home, and other information 30 required by the department about the manufactured home; 31 (3) whether the manufactured home is new or used;
01 (4) for an application under AS 28.10.262 - 28.10.264, the date of 02 purchase by the owner of the manufactured home and the name and address of the 03 person from whom the home was acquired; 04 (5) for an application under AS 28.10.262 - 28.10.264, the names and 05 addresses of any persons who hold liens or encumbrances against the manufactured 06 home and the order of their apparent priority; 07 (6) a statement signed by the owner, stating 08 (A) any facts or information known to the owner that could 09 reasonably affect the validity of the title to the manufactured home or the 10 existence or nonexistence of a lien or encumbrance on it; or 11 (B) that the owner does not know any facts or information that 12 could reasonably affect the validity of the title to the manufactured home or the 13 existence or nonexistence of a lien or encumbrance on the manufactured home; 14 (7) subject to AS 28.10.268, for an application under AS 28.10.262 - 15 28.10.264, a certified copy of the affixation affidavit recorded under AS 40.17.125 for 16 the manufactured home; 17 (8) for an application under AS 28.10.265, a certified copy of the 18 severance affidavit recorded under AS 40.17.125 for the manufactured home; 19 (9) for an application under AS 28.10.262, the original manufacturer's 20 certificate of origin; 21 (10) for an application under AS 28.10.263, the original certificate of 22 title; 23 (11) for an application under AS 28.10.264 or 28.10.265, a declaration 24 that complies with AS 28.10.267; 25 (12) the name and mailing address of each person named to receive a 26 written acknowledgment from the department under AS 28.10.262 - 28.10.264; and 27 (13) other information and documents the department reasonably 28 requires to 29 (A) identify the owner of the manufactured home; 30 (B) determine the existence or nonexistence of liens or 31 encumbrances on the manufactured home;
01 (C) for an application under AS 28.10.262 - 28.10.264, enable 02 the department to determine whether the owner satisfied the applicable 03 requirements of AS 34.85; and 04 (D) for an application under AS 28.10.265, enable the 05 department to determine whether the owner of the manufactured home is 06 entitled to a certificate of title. 07 Sec. 28.10.267. Declaration. (a) The declaration required by AS 28.10.265 08 must be made under oath or affirmation by an attorney authorized under AS 08.08 to 09 practice law in the state or an agent of a title insurance company entitled under 10 AS 21.66 to transact a title insurance business in this state. 11 (b) The declaration must state that the manufactured home is free and clear of 12 all liens and encumbrances and 13 (1) any facts or information known to the attorney or agent that could 14 reasonably affect the validity of the title to the manufactured home or the existence or 15 nonexistence of a lien or encumbrance on the manufactured home; or 16 (2) that the attorney or agent does not know any facts or information 17 that could reasonably affect the validity of the title of the manufactured home or the 18 existence or nonexistence of a lien or encumbrance on the manufactured home. 19 Sec. 28.10.268. Time of satisfaction. If a person delivers an application under 20 AS 28.10.262 - 28.10.264 for a manufactured home to the department within 30 days 21 after an affixation affidavit for the manufactured home is recorded under 22 AS 40.17.125, and if the application is accepted by the department, the requirements 23 of AS 28.10.262 - 28.10.264 are considered to be satisfied on the date the affixation 24 affidavit is recorded, and, if the manufactured home is conveyed or encumbered on 25 and after that date, the manufactured home shall be conveyed and encumbered as real 26 property. 27 Sec. 28.10.269. Definitions. In AS 28.10.201 - 28.10.269, unless the context 28 indicates otherwise, 29 (1) "affixation affidavit" means an affixation affidavit under 30 AS 34.85.060; 31 (2) "identified person" means a person identified in an application filed
01 under AS 28.10.262 - 28.10.264 to receive a written acknowledgement of the filing 02 from the department. 03 * Sec. 17. AS 28.10.371 is amended by adding new subsections to read: 04 (b) Notwithstanding (a) of this section, a lien on a manufactured home for the 05 purchase of the manufactured home is valid against judicial lien creditors and 06 execution creditors on and after the date the lien attaches under AS 45.29 against the 07 manufactured home. 08 (c) Notwithstanding (a) of this section, the holder of a lien on a manufactured 09 home may deliver a lien release document to a person to facilitate conveying or 10 encumbering the manufactured home. A person receiving the lien release document 11 holds the document in trust for the lienholder. 12 * Sec. 18. AS 28.10.381 is amended by adding a new subsection to read: 13 (c) Except as otherwise provided in AS 28.10.262, 28.10.263, and AS 34.85, 14 after a certificate of title has been issued for a manufactured home and while the 15 manufactured home is subject to a lien or encumbrance under (a) of this section, 16 (1) the department may not cancel the manufacturer's certificate of 17 origin for the manufactured home under AS 28.10.262, or cancel the certificate of title 18 for the manufactured home under AS 28.10.263; and 19 (2) the validity and priority of the lien or encumbrance continues. 20 * Sec. 19. AS 28.10.391 is amended by adding a new subsection to read: 21 (e) Notwithstanding another provision of this section, the creation or 22 termination of a lien or encumbrance with respect to a manufactured home that has 23 been converted to real property under AS 34.85.010 is governed by the laws that apply 24 to real property. 25 * Sec. 20. AS 28.10.661(2) is amended to read: 26 (2) "vehicle" includes mobile homes for the purposes of provisions 27 relating to certificates of title; in this paragraph, "mobile home" means a 28 manufactured home. 29 * Sec. 21. AS 28.10.661 is amended by adding a new paragraph to read: 30 (3) "manufactured home" has the meaning given in AS 45.29.102. 31 * Sec. 22. AS 29.45.070 is amended to read:
01 Sec. 29.45.070. Mobile homes. Mobile homes, trailers, house trailers, trailer 02 coaches, and similar property used or intended to be used for residential, office, or 03 commercial purposes and permanently affixed [ATTACHED] to real property 04 under AS 34.85.150 [THE LAND OR CONNECTED TO WATER, GAS, 05 ELECTRIC, OR SEWAGE FACILITIES] are classified as real property for tax 06 purposes unless expressly classified as personal property by ordinance. This section 07 does not apply to house trailers and mobile homes that are unoccupied and held for 08 sale by persons engaged in the business of selling mobile homes. In this section, 09 "mobile home" has the meaning given to "manufactured home" in AS 45.29.102. 10 * Sec. 23. AS 34.03.360 is amended by adding a new paragraph to read: 11 (23) "mobile home" has the meaning given to "manufactured home" in 12 AS 45.29.102. 13 * Sec. 24. AS 34.70.200(3) is amended to read: 14 (3) "residential real property" means real property whose primary 15 purpose is to provide a single-family dwelling, or two single-family dwellings in one 16 building, including a manufactured home that has become real property under 17 AS 34.85.010; in this paragraph, "manufactured home" has the meaning given in 18 AS 45.29.102; 19 * Sec. 25. AS 34.80.090(6) is amended to read: 20 (6) "residential real property" means real property on which there are 21 one to four attached or detached dwelling units, or any number of apartments if the 22 apartments are in a horizontal property regime formed under AS 34.07 or any number 23 of units if the units are in a common interest community created under AS 34.08; 24 "residential real property" includes a manufactured home that has become real 25 property under AS 34.85.010; in this paragraph, "manufactured home" has the 26 meaning given in AS 45.29.102; 27 * Sec. 26. AS 34 is amended by adding a new chapter to read: 28 Chapter 85. Manufactured Home Property Act. 29 Sec. 34.85.010. Real property characterization. A manufactured home 30 becomes real property when 31 (1) the home is permanently affixed to land under AS 34.85.150;
01 (2) an affixation affidavit has been recorded under AS 40.17.125; 02 (3) the ownership interests in the manufactured home and in the real 03 property to which the manufactured home is permanently affixed are identical, except 04 as provided by AS 34.85.040; and 05 (4) if the manufactured home is 06 (A) covered by a manufacturer's certificate of origin that the 07 owner of the manufactured home is able to produce, the department has 08 cancelled the manufacturer's certificate of origin under AS 28.10.262; 09 (B) covered by a certificate of title that the owner of the 10 manufactured home is able to produce, the department has cancelled the 11 certificate of title under AS 28.10.263; or 12 (C) not covered by a manufacturer's certificate of origin or a 13 certificate of title, or if the manufactured home is covered by a manufacturer's 14 certificate of origin or a certificate of title but the owner of the manufactured 15 home, after diligent search and inquiry, was unable to produce the 16 manufacturer's certificate of origin or certificate of title, the department has 17 confirmed the conversion of the manufactured home to real property under 18 AS 28.10.264. 19 Sec. 34.85.020. Effect of real property characterization. (a) When a 20 manufactured home becomes real property under AS 34.85.010, a mortgage, deed of 21 trust, lien, or security interest that can attach to land, buildings erected on land, or 22 fixtures affixed to land or buildings, attach to the manufactured home in the same 23 manner as if the manufactured home were built from ordinary building materials on 24 the land where the manufactured home is located. 25 (b) If the title to a manufactured home is transferred after the manufactured 26 home becomes real property under AS 34.85.010, title to the manufactured home, 27 together with the land to which the converted manufactured home is affixed, shall be 28 transferred by deed or other form of conveyance that is effective to transfer an interest 29 in real property. 30 (c) When a manufactured home becomes real property under AS 34.85.010, 31 the manufactured home is governed by the laws applicable to real property in effect as
01 of the date the manufactured home satisfies AS 34.85.010. 02 Sec. 34.85.040. Ownership interest exception. If the owner of a 03 manufactured home is not the owner of the real property on which the manufactured 04 home is located, the requirement under AS 34.85.010(3) that the ownership interests 05 be identical is satisfied if the owner possesses the real property under 06 (1) a lease in a recordable form that has a term that continues for at 07 least 20 years after the date of execution of the affixation affidavit; and 08 (2) the lessor of the real property consents. 09 Sec. 34.85.060. Affixation affidavit requirements. An affixation affidavit 10 must provide 11 (1) the name of the manufacturer, the make, the model name, the 12 model year, the dimensions, and the manufacturer's serial number of the manufactured 13 home; 14 (2) whether the manufactured home is new or used; 15 (3) a statement that the person executing the affidavit is 16 (A) the owner of the real property described in the affixation 17 affidavit; or 18 (B) not the owner of the real property described in the 19 affixation affidavit, and the person 20 (i) is in possession of the real property under a lease in 21 recordable form that has a term that continues for at least 20 years after 22 the date of execution of the affidavit; and 23 (ii) the lessor of the real property consents; 24 (4) if (3)(B)(ii) of this section applies, the consent of the lessor of the 25 real property endorsed on or attached to the affidavit and acknowledged or proved in 26 the manner required for the conveyance to be recorded; 27 (5) the street address and the legal description of the real property to 28 which the manufactured home is or shall be permanently affixed; 29 (6) if the manufactured home is not covered by a certificate of title, a 30 statement by the owner to that effect; 31 (7) an owner's statement under AS 34.85.070;
01 (8) a statement whether or not the manufactured home is subject to a 02 lien or encumbrance; 03 (9) if the manufactured home is subject to a lien or encumbrance, a 04 statement giving the name and address of each person who holds a lien or 05 encumbrance on the manufactured home, including each holder of a lien or 06 encumbrance shown on a certificate of title issued by the department, the original 07 principal amount secured by each lien and encumbrance, and a statement that 08 (A) the lien or encumbrance shall be released; or 09 (B) each lien or encumbrance on the manufactured home has 10 been released and proof of the release; 11 (10) if the manufactured home is not covered by a manufacturer's 12 certificate of origin or a certificate of title, a statement by the owner of the 13 manufactured home that the manufactured home is not covered by a manufacturer's 14 certificate of origin or a certificate of title and that the owner of the manufactured 15 home will apply to the department for a confirmation of conversion of the 16 manufactured home; 17 (11) a statement that the manufactured home is or will be permanently 18 affixed to the real property; and 19 (12) the name and address of a person designated for filing the 20 certified copy of the affixation affidavit with the department to whom the recording 21 officer shall return a certified copy of the affixation affidavit after the affixation 22 affidavit has been duly recorded under AS 40.17.125. 23 Sec. 34.85.070. Owner's statement for affixation affidavit. (a) An owner's 24 statement for an affixation affidavit must comply with (b) or (c) of this section. 25 (b) If a manufactured home is covered by a manufacturer's certificate of 26 origin, the owner of the manufactured home shall state that 27 (1) the manufactured home is covered by a manufacturer's certificate 28 of origin, the date the manufacturer's certificate of origin was issued, the 29 manufacturer's serial number, the original manufacturer's certificate of origin for the 30 manufactured home is annexed to the affixation affidavit and is endorsed to the owner 31 of the manufactured home, and the owner of the manufactured home will surrender the
01 manufacturer's certificate of origin for cancellation under AS 28.10.262; or 02 (2) the owner of the manufactured home, after diligent search and 03 inquiry, is unable to produce the original manufacturer's certificate of origin for the 04 manufactured home, and shall apply to the department for a confirmation of 05 conversion of the manufactured home under AS 28.10.264. 06 (c) If a manufactured home is covered by a certificate of title, the owner of the 07 manufactured home shall 08 (1) state that the manufactured home is covered by a certificate of title, 09 provide the date the title was issued and the title number, and indicate that the owner 10 shall surrender the title for cancellation under AS 28.10.263; or 11 (2) state that, after diligent search and inquiry, the owner has been 12 unable to produce the certificate of title for the manufactured home and that the owner 13 of the manufactured home shall apply to the department for a confirmation of 14 conversion of the manufactured home under AS 28.10.264. 15 Sec. 34.85.080. Effect on liens and encumbrances. Permanently affixing a 16 manufactured home to real property or recording an affixation affidavit under 17 AS 40.17.125 does not impair the rights of a holder of, or the character of, a lien or 18 encumbrance on a manufactured home under AS 28.10.381 unless an application to 19 cancel the title is filed with the department under AS 28.10.263 and the lien or 20 encumbrance is released under AS 28.10.401. 21 Sec. 34.85.090. Filing affidavit with department. When a person designated 22 in an affidavit to file the affidavit with the department receives a certified copy of the 23 recorded affidavit, the person shall deliver the certified copy of the affidavit to the 24 department for filing under AS 28.10.262 - 28.10.264. 25 Sec. 34.85.100. Use of affidavit. (a) Except as provided in AS 34.85.010, 26 34.85.020, 34.85.090, and AS 40.17.125, an affixation affidavit is not necessary or 27 effective to convey or encumber a manufactured home or to change the character of a 28 manufactured home to real property. 29 (b) A conveyance of land on which a manufactured home is located must 30 recite that the conveyance does not affect the title to the manufactured home and that 31 the transfer or encumbrance of the manufactured home can only be made under
01 AS 28.10 if 02 (1) an affixation affidavit has not been recorded for the manufactured 03 home; or 04 (2) a severance affidavit has been recorded for the manufactured home. 05 (c) An agreement that waives the requirements of (a) or (b) of this subsection 06 is void. 07 Sec. 34.85.110. Severance of manufactured home. (a) If an affixation 08 affidavit has been recorded for a converted manufactured home and if the converted 09 manufactured home is severed from the real property to which it was affixed, each 10 person having an interest in the real property shall record a severance affidavit in the 11 recording district where the affixation affidavit was recorded. 12 Sec. 34.85.120. Severance affidavit. The severance affidavit must contain or 13 be accompanied by 14 (1) the name, residence, and mailing address of the owner of the 15 manufactured home; 16 (2) a description of the manufactured home, including the name of the 17 manufacturer, the make, the model name, the model year, the dimensions, and the 18 manufacturer's serial number of the manufactured home; 19 (3) whether the manufactured home it is new or used; 20 (4) the book number, page number, and date when the affixation 21 affidavit was recorded; 22 (5) a statement 23 (A) of any facts or information known to the person signing the 24 affidavit that could reasonably affect the validity of the title of the 25 manufactured home or the existence or nonexistence of a lien or encumbrance 26 on the manufactured home; or 27 (B) that the person signing the affidavit does not know any 28 facts or information that could reasonably affect the validity of the title of the 29 manufactured home or the existence or nonexistence of a lien or encumbrance 30 on the manufactured home; 31 (6) a declaration made under oath or affirmation by an attorney
01 authorized under AS 08.08 to practice law in the state or an agent of a title insurance 02 company entitled under AS 21.66 to transact a title insurance business in this state that 03 the manufactured home is free and clear of all liens and encumbrances, and 04 (A) any facts or information known to the attorney or agent that 05 could reasonably affect the validity of the title to the manufactured home or the 06 existence or nonexistence of a lien or encumbrance on the manufactured home; 07 or 08 (B) that the attorney or agent does not know any facts or 09 information known to the attorney or agent that could reasonably affect the 10 validity of the title to the manufactured home or the existence or nonexistence 11 of a lien or encumbrance on the manufactured home; and 12 (7) the name and address of the person designated to file the certified 13 copy of the severance affidavit with the department under AS 28.10.265 and to whom 14 the recording officer is to return the certified copy of the severance affidavit after it 15 has been recorded under AS 40.17.125. 16 Sec. 34.85.130. Filing of severance affidavit. On receipt of a certified copy of 17 the severance affidavit by the person designated in the affidavit for filing with the 18 department, the person shall file the certified copy with the department under 19 AS 28.10.262 - 28.10.264. 20 Sec. 34.85.140. Affidavit form and acknowledgment. (a) An affixation 21 affidavit and a severance affidavit must be acknowledged in the same manner as a 22 conveyance of real property and must be in a form that may be recorded under 23 AS 40.17. 24 (b) The department shall establish by regulation the forms for an affixation 25 affidavit and a severance affidavit. 26 Sec. 34.85.150. Permanently affixed. A manufactured home is permanently 27 affixed when it is 28 (1) anchored to real property by attachment to a permanent foundation; 29 (2) constructed in accordance with applicable state and local building 30 codes and manufacturer's specifications as provided in the Model Manufactured Home 31 Installation Standards of the federal Department of Housing and Urban Development
01 (24 C.F.R. 3285); and 02 (3) connected to a residential utility, including water, gas, electricity, 03 sewer, or septic service. 04 Sec. 34.85.190. Definitions. In this chapter, unless the context requires 05 otherwise, 06 (1) "affixation affidavit" means an affixation affidavit under 07 AS 34.85.060; 08 (2) "department" means the Department of Administration; 09 (3) "manufactured home" has the meaning given in AS 45.29.102; 10 (4) "permanently affixed" means when a manufactured home is 11 permanently affixed under AS 34.85.150; 12 (5) "severance affidavit" means a severance affidavit under 13 AS 34.85.120. 14 Sec. 34.85.195. Short title. This chapter may be cited as the Manufactured 15 Home Property Act. 16 * Sec. 27. AS 40.17 is amended by adding a new section to read: 17 Sec. 40.17.125. Recording affidavits related to manufactured housing. (a) 18 A recorder shall record an affixation affidavit and a severance affidavit if the affidavit 19 meets the requirements for recording under AS 40.17.030, meets the requirements for 20 the affidavit under AS 34.85, and is offered for recording in the recording district 21 where the real property to which the manufactured home affixed is located. 22 (b) A recording officer shall write on the recorded affidavit 23 (1) the indexing information for the recorded affidavit; and 24 (2) that the recorded affidavit was recorded in land records. 25 (c) After recording the affixation affidavit, the recording officer shall send a 26 certified copy of the recorded affidavit and its attachments to the person designated in 27 the affidavit as the person to file the recorded affidavit with the department under 28 AS 28.10.262 - 28.10.264. 29 (d) In this section, 30 (1) "affidavit" means an affixation affidavit or a severance affidavit; 31 (2) "affixation affidavit" has the meaning given in AS 34.85.190:
01 (3) "manufactured home" has the meaning given in AS 45.29.102; 02 (4) "recorded affidavit" means an affidavit recorded under this section; 03 (5) "severance affidavit" has the meaning given in AS 34.85.190. 04 * Sec. 28. AS 45.10.220(2) is amended to read: 05 (2) "goods" means personal chattels purchased primarily for personal, 06 family, or household use and not for commercial or business use, but does not include 07 money or, except as provided in the next phrase, chose in action; "goods" includes 08 [BUT IS NOT LIMITED TO] merchandise certificates or coupons issued by a retail 09 seller to be used in their face amount instead of cash in exchange for goods or services 10 sold by the seller and goods, including a manufactured home, that, at the time of 11 sale or subsequently, are to be so affixed to real property as to become a part of it, 12 whether or not severable from it; in this paragraph, "manufactured home" has the 13 meaning given in AS 45.29.102; 14 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION: REGULATIONS. The Department of Administration shall adopt 17 regulations necessary to implement this Act. The regulations must take effect under AS 44.62 18 (Administrative Procedure Act) on January 1, 2010. 19 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 SAVING CLAUSE. This Act may not be interpreted to impair a right or claim 22 existing under law before January 1, 2010 of a person claiming an interest in a manufactured 23 home. In this section, "manufactured home" has the meaning given in AS 45.29.102. 24 * Sec. 31. Section 29 of this Act takes effect immediately under AS 01.10.070(c). 25 * Sec. 32. Except as provided in sec. 31 of this Act, this Act takes effect January 1, 2010.