HCS CSSB 104(RLS): "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; allowing a deferral of municipal property taxes on the increase in the value of real property attributable to subdivision of that property; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 104(RLS) 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; allowing a deferral of municipal property taxes on the increase in the value of 06 real property attributable to subdivision of that property; and providing for an effective 07 date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 FINDINGS AND PURPOSE. (a) The legislature finds the legal status of 12 manufactured homes affixed or to be affixed to real property in the state needs to be clarified. 13 (b) The purpose of this Act is to establish a clear statutory procedure for
01 (1) converting to real property manufactured homes that are affixed to real 02 property; and 03 (2) severing manufactured homes from real property. 04 * Sec. 2. AS 06.05.207 is amended by adding a new subsection to read: 05 (c) In this section, "real property" includes a manufactured home that has 06 become real property under AS 34.85.010. In this subsection, "manufactured home" 07 has the meaning given in AS 45.29.102. 08 * Sec. 3. AS 06.15.250 is amended by adding a new subsection to read: 09 (b) In this section, "real property" includes a manufactured home that has 10 become real property under AS 34.85.010. In this subsection, "manufactured home" 11 has the meaning given in AS 45.29.102. 12 * Sec. 4. AS 06.45.060(5)(A) is amended to read: 13 (A) loans to members shall be made in conformity with 14 regulations adopted by the commissioner, except that 15 (i) a residential real estate loan that is made to finance 16 the acquisition of a one- to four-family dwelling for the principal 17 residence of a credit union member that is secured by a first lien on the 18 dwelling may have a maturity not exceeding 30 years; 19 (ii) a loan to finance the purchase of a manufactured 20 [MOBILE] home that is secured by a first lien on the manufactured 21 [MOBILE] home, to be used as the residence of a credit union member, 22 or for the repair, alteration, or improvement of a residential dwelling 23 that is the residence of a credit union member must have a maturity not 24 to exceed 20 years unless the loan is insured or guaranteed under (iii) of 25 this subparagraph; 26 (iii) a loan secured by the insurance or guarantee of the 27 federal government, of a state government, or an agency of either may 28 be made for the maturity and under the terms and conditions specified 29 in the law under which the insurance or guarantee is provided; 30 (iv) a loan or aggregate of loans to a director or member 31 of the supervisory or credit committee of the credit union making the
01 loan that exceeds $20,000 plus pledged shares shall be approved by the 02 board of directors; 03 (v) loans to other members for which directors or 04 members of the supervisory or credit committee act as guarantor or 05 endorser shall be approved by the board of directors when the loans 06 standing alone or when added to an outstanding loan or loans of the 07 guarantor or endorser exceed $20,000; 08 (vi) the rate of interest may not exceed the greater of 15 09 percent a year or the rate specified in AS 45.45.010(b); 10 (vii) the taking, receiving, reserving, or charging of a 11 rate of interest greater than is allowed by this paragraph, when 12 knowingly done, is considered a forfeiture of the entire interest that the 13 note, bill, or other evidence of debt carries with it, or that has been 14 agreed to be paid on the note, bill, or other evidence of debt; if a greater 15 rate of interest has been paid, the person by whom it has been paid or 16 the person's legal representatives may recover back from the credit 17 union taking or receiving it the entire amount of interest paid, but the 18 action must be commenced within two years from the time the usurious 19 collection was made; 20 (viii) a borrower may repay a loan before maturity in 21 whole or in part on any business day without penalty; 22 (ix) loans shall be paid or amortized under regulations 23 adopted by the commissioner that consider the needs or conditions of 24 the borrowers, the amounts and duration of the loans, the interests of 25 the members and the credit union, and other factors established in 26 regulations adopted by the commissioner; 27 (x) the total dollar amount of real estate loans and 28 manufactured [MOBILE] home loans outstanding may not exceed 25 29 percent of the assets of the credit union without the written approval of 30 the commissioner; 31 (xi) a credit union with assets of less than $3,000,000
01 may make real estate loans with maturities in excess of 15 years only 02 with the approval of the commissioner; 03 * Sec. 5. AS 06.45.060 is amended by adding a new subsection to read: 04 (b) In this section, "manufactured home" has the meaning given in 05 AS 45.29.102. 06 * Sec. 6. AS 06.60.990(33) is amended to read: 07 (33) "residential mortgage loan" means a loan that is primarily for 08 personal, family, or household use and that is secured by a mortgage, deed of trust, or 09 other equivalent consensual security interest on a dwelling or residential real estate 10 located in the state; in this paragraph, 11 (A) "manufactured home" has the meaning given in 12 AS 45.29.102; 13 (B) "residential real estate" means real property on which a 14 dwelling is constructed or intended to be constructed, including a 15 manufactured home that has become real property under AS 34.85.010; 16 * Sec. 7. AS 09.45 is amended by adding a new section to read: 17 Article 13. General Provisions. 18 Sec. 09.45.990. Definitions. In this chapter, 19 (1) "manufactured home" has the meaning given in AS 45.29.102; 20 (2) "real property" includes a manufactured home that has become real 21 property under AS 34.85.010. 22 * Sec. 8. AS 28.05.061(a) is amended to read: 23 (a) The Department of Administration shall file, maintain, and appropriately 24 index records of 25 (1) vehicle registrations under AS 28.10.071(a) - (c); 26 (2) stolen, converted, recovered, and unclaimed vehicles under 27 AS 28.10.071(d); 28 (3) titles and documents creating and evidencing liens or 29 encumbrances under AS 28.10.381; 30 (4) abandoned vehicles under AS 28.11.030(c); [AND] 31 (5) driver's license and driving records under AS 28.15.151;
01 (6) applications under AS 28.10.262 for cancellation of a 02 manufacturer's certificate of origin for a manufactured home; 03 (7) applications under AS 28.10.263 for cancellation of a certificate 04 of title to a manufactured home; 05 (8) applications under AS 28.10.264 for confirmation of the 06 nonapplication of AS 28.10 to a manufactured home; 07 (9) applications under AS 28.10.265 for a certificate of title to a 08 severed manufactured home; 09 (10) manufacturer's certificates of origin accepted for cancellation 10 by the department under AS 28.10.262 for a manufactured home; and 11 (11) certificates of title accepted for cancellation by the 12 department under AS 28.10.263 for a manufactured home. 13 * Sec. 9. AS 28.05.061 is amended by adding new subsections to read: 14 (e) For cancelled manufacturer's certificates of origin, cancelled certificates of 15 title, or applications for confirmation filed under (a)(8), (10), or (11) of this section, 16 the department's record must state 17 (1) the name of each owner of the manufactured home; 18 (2) the date the manufacturer's certificate of origin or the certificate of 19 title was accepted for cancellation if the certificate was cancelled under (a)(10) or (11) 20 of this section; and 21 (3) the recording information for the affixation affidavit required by 22 AS 28.10.266. 23 (f) For applications for certificates of title under (a)(9) of this section, the 24 department's record must state the name of each owner of the manufactured home and 25 the recording information for the severance affidavit recorded under AS 40.17.125. 26 (g) In this section, "recording information" means the district where the 27 affidavit was recorded, and the date and serial numbers of the affidavit's recording in 28 the recording district. 29 * Sec. 10. AS 28.10.201(b) is amended to read: 30 (b) The owner of a vehicle described in AS 28.10.011 as being exempt from 31 registration and the owner of a snowmobile or off-highway vehicle may not apply for,
01 nor may the department issue, a certificate of title for the vehicle. However, the 02 department 03 (1) may issue a certificate of title to the owner of a vehicle exempt 04 from registration under AS 28.10.011(3), (6), (7), or (10) only upon application by that 05 owner; and 06 (2) except as provided in (e) of this section, shall issue a certificate of 07 title to the owner of a manufactured [MOBILE] home upon application, display of 08 evidence of ownership satisfactory to the department, and payment of a fee of $100 by 09 the owner; a certificate of title issued under this paragraph must comply with 10 AS 28.10.231. 11 * Sec. 11. AS 28.10.201 is amended by adding a new subsection to read: 12 (e) The department may not issue a certificate of title to a manufactured home 13 if an application for the manufactured home has been filed under AS 28.10.262 - 14 28.10.264. 15 * Sec. 12. AS 28.10.211(c) is amended to read: 16 (c) When an application for title refers to a new vehicle, the application must 17 be accompanied by a "manufacturer's certificate [STATEMENT] of origin" and other 18 information reasonably required by the department. 19 * Sec. 13. AS 28.10.211 is amended by adding a new subsection to read: 20 (f) The holder of a manufacturer's certificate of origin for a manufactured 21 home may deliver the certificate to any person to facilitate conveying or encumbering 22 the manufactured home, and a person who receives the manufacturer's certificate of 23 origin holds it in trust for the person delivering it. 24 * Sec. 14. AS 28.10.221 is amended by adding a new subsection to read: 25 (d) Except as provided in AS 28.10.263, the department may not suspend or 26 revoke a certificate of title to a manufactured home based on the fact that the 27 manufactured home is affixed in any manner to real property. 28 * Sec. 15. AS 28.10.261 is amended by adding a new subsection to read: 29 (c) Notwithstanding another provision of law to the contrary, a certificate of 30 title to a manufactured home issued by the department is prima facie evidence of the 31 facts appearing on it, even if the manufactured home is affixed in any manner to real
01 property. 02 * Sec. 16. AS 28.10 is amended by adding new sections to article 2 to read: 03 Sec. 28.10.262. Cancellation of manufacturer's certificate of origin for 04 manufactured home. (a) If a manufactured home is permanently affixed to real 05 property under AS 34.85.150, or if the owner intends to permanently affix the 06 manufactured home to real property under AS 34.85.150, the owner may submit to the 07 department an application requesting that the department cancel the manufacturer's 08 certificate of origin for a manufactured home and update the department's records 09 under AS 28.05.061. 10 (b) The application under (a) of this section must comply with AS 28.10.266. 11 (c) Subject to AS 28.05.041, if the department is satisfied that the application 12 filed under (a) of this section complies with (b) of this section, the department shall 13 cancel the manufacturer's certificate of origin for the manufactured home, update the 14 department's records under AS 28.05.061, and issue a written acknowledgment that 15 the department has cancelled the certificate of origin under this section. The 16 department shall deliver the written acknowledgment to the owner of the 17 manufactured home and to a person identified under AS 28.10.266(12). 18 (d) When the department has cancelled the manufacturer's certificate of origin 19 under (c) of this section, the manufactured home is not subject to this chapter. 20 Sec. 28.10.263. Cancellation of certificate of title to manufactured home. 21 (a) If a manufactured home is permanently affixed to real property under 22 AS 34.85.150, or if the owner intends to permanently affix the manufactured home to 23 real property under AS 34.85.150, the owner may submit to the department an 24 application requesting that the department cancel the certificate of title to a 25 manufactured home and update the department's records under AS 28.05.061. 26 (b) The application under (a) of this section must comply with AS 28.10.266. 27 (c) Subject to AS 28.05.041, if the department is satisfied that the application 28 filed under (a) of this section complies with (b) of this section and that there are no 29 outstanding liens or encumbrances filed against the manufactured home under 30 AS 28.10.381, the department shall cancel the certificate of title to the manufactured 31 home, update the department's records under AS 28.05.061, and issue a written
01 acknowledgment that the department has cancelled the certificate of title under this 02 section. The department shall deliver the written acknowledgment to the owner of the 03 manufactured home and to a person identified under AS 28.10.266(12). 04 (d) When the department has cancelled a certificate of title under (c) of this 05 section, the manufactured home is not subject to this chapter. 06 Sec. 28.10.264. Confirmation of nonapplication of chapter. (a) The owner 07 of a manufactured home may submit an application to the department requesting that 08 the department indicate on the department's records that the manufactured home is not 09 subject to this chapter if 10 (1) the manufactured home is permanently affixed to real property 11 under AS 34.85.150, or the owner intends to permanently affix the manufactured 12 home to real property under AS 34.85.150; and 13 (2) the manufactured home 14 (A) is not covered by a manufacturer's certificate of origin or a 15 certificate of title; 16 (B) is covered by a manufacturer's certificate of origin, but the 17 owner of the manufactured home, after diligent search and inquiry, is unable to 18 produce the certificate of origin; or 19 (C) is covered by a certificate of title, but the owner of the 20 manufactured home, after diligent search and inquiry, is unable to produce the 21 certificate of title. 22 (b) The application under (a) of this section must comply with AS 28.10.266 23 and be accompanied by a bond or cash deposit described in (c) of this section. 24 (c) The bond that accompanies the application under (b) of this section must 25 be in the form prescribed by the department and executed by the applicant. The 26 amount of the bond or cash deposit that accompanies the application under (b) of this 27 section must be equal to one and one-half times the value of the manufactured home as 28 determined by the department and must be conditioned to indemnify former owners, 29 secured parties, and subsequent purchasers of the manufactured home and their 30 successors against loss resulting from a defect in or undisclosed security interest on 31 the title of the applicant. An injured party may bring a court action against the bond or
01 cash deposit for a breach of the conditions of the bond or cash deposit, but the liability 02 of the bond surety or the department may not exceed the amount of the bond or cash 03 deposit. The department shall return the bond or cash deposit at the end of three years 04 after the submission under (b) of this section, except that service on the department of 05 notice that an action is pending against the bond or cash deposit extends that period 06 until 45 days after a final decision in the action on the bond or cash deposit. 07 (d) If the department is satisfied that the application filed under (a) of this 08 section complies with (b) of this section, the department shall, subject to 09 AS 28.05.041, indicate under AS 28.05.061 on the department's records that the 10 manufactured home is not subject to this chapter and shall provide to the owner a 11 written confirmation that the owner of the manufactured home has submitted an 12 application that complies with (b) of this section and that the manufactured home is 13 not subject to this chapter. The department shall deliver the written confirmation to the 14 owner of the manufactured home and to a person identified under AS 28.10.266(12). 15 (e) When the department has provided a written confirmation under (d) of this 16 section, the manufactured home is not subject to this chapter. 17 Sec. 28.10.265. Certificate of title to severed manufactured home. (a) The 18 owner of a manufactured home may submit an application to the department 19 requesting that the department issue a certificate of title to a manufactured home and 20 update the department's records under AS 28.05.061 if 21 (1) the manufactured home was permanently affixed to real property 22 under AS 34.85.150; 23 (2) an affixation affidavit was recorded for the manufactured home 24 under AS 40.17.125; and 25 (3) after the occurrence of (1) and (2) of this subsection, the 26 manufactured home was severed from the real property to which it was affixed. 27 (b) The application under (a) of this section must comply with AS 28.10.266. 28 (c) Subject to AS 28.05.041, if the department is satisfied that the application 29 filed under (a) of this section complies with (b) of this section, the department shall 30 issue a certificate of title to the manufactured home under AS 28.10.231 - 28.10.241, 31 update the department's records under AS 28.05.061, and issue to the owner and to a
01 person identified under AS 28.10.266(12) a written acknowledgment that the 02 department has issued a certificate of title under this section. 03 (d) When the department has issued a certificate of title under (c) of this 04 section, the manufactured home is subject to this chapter. 05 Sec. 28.10.266. Application provisions. An application under AS 28.10.262 - 06 28.10.265 must provide 07 (1) the name, residence, and mailing address of the owner of the 08 manufactured home; 09 (2) a description of the manufactured home, including the name of the 10 manufacturer, the make, the model name, the model year, the manufacturer's serial 11 number for the manufactured home, and other information required by the department 12 about the manufactured home; 13 (3) whether the manufactured home is new or used; 14 (4) for an application under AS 28.10.262 - 28.10.264, the date of 15 purchase by the owner of the manufactured home and the name and address of the 16 person from whom the home was acquired; 17 (5) for an application under AS 28.10.262 - 28.10.264, the name and 18 address of any person who holds a lien or an encumbrance against the manufactured 19 home and the order of apparent priority; 20 (6) a statement signed by the owner, stating 21 (A) any facts or information known to the owner that could 22 reasonably affect the validity of the title to the manufactured home or the 23 existence or nonexistence of a lien or encumbrance on it; or 24 (B) that the owner does not know any facts or information that 25 could reasonably affect the validity of the title to the manufactured home or the 26 existence or nonexistence of a lien or encumbrance on the manufactured home; 27 (7) subject to AS 28.10.268, for an application under AS 28.10.262 - 28 28.10.264, a certified copy of an affixation affidavit that complies with AS 34.85.060 29 and that has been recorded under AS 40.17.125 for the manufactured home; 30 (8) for an application under AS 28.10.265, a certified copy of a 31 severance affidavit that complies with AS 34.85.120 and that has been recorded under
01 AS 40.17.125 for the manufactured home; 02 (9) for an application under AS 28.10.262, the original manufacturer's 03 certificate of origin; 04 (10) for an application under AS 28.10.263, the original certificate of 05 title; 06 (11) for an application under AS 28.10.264 or 28.10.265, a declaration 07 that complies with AS 28.10.267; 08 (12) if desired by the applicant, the name and mailing address of one 09 person, in addition to the owner, to receive a written acknowledgment from the 10 department under AS 28.10.262, 28.10.263, or 28.10.265 or a written confirmation 11 under AS 28.10.264; and 12 (13) other information and documents the department reasonably 13 requires 14 (A) to identify the owner of the manufactured home; 15 (B) to determine the existence or nonexistence of liens or 16 encumbrances on the manufactured home; 17 (C) for an application under AS 28.10.262 - 28.10.264, to 18 enable the department to determine whether the owner satisfied the applicable 19 requirements of AS 34.85.010; and 20 (D) for an application under AS 28.10.265, to enable the 21 department to determine whether the owner of the manufactured home is 22 entitled to a certificate of title. 23 Sec. 28.10.267. Declaration. (a) The declaration required by 24 AS 28.10.266(11) must be made under oath or affirmation by an attorney authorized 25 under AS 08.08 to practice law in the state or an agent of a title insurance company 26 entitled under AS 21.66 to transact a title insurance business in this state. 27 (b) The declaration must state that the manufactured home is free and clear of 28 all liens and encumbrances and 29 (1) any facts or information known to the attorney or agent that could 30 reasonably affect the validity of the title to the manufactured home or the existence or 31 nonexistence of a lien or encumbrance on the manufactured home; or
01 (2) that the attorney or agent does not know any facts or information 02 that could reasonably affect the validity of the title to the manufactured home or the 03 existence or nonexistence of a lien or encumbrance on the manufactured home. 04 Sec. 28.10.268. Time of satisfaction. If a person delivers an application under 05 AS 28.10.262 - 28.10.264 for a manufactured home to the department within 30 days 06 after an affixation affidavit for the manufactured home is recorded under 07 AS 40.17.125, and if the application is accepted by the department, the requirements 08 of AS 28.10.262 - 28.10.264 are considered to be satisfied on the date the affixation 09 affidavit is recorded, and, if the manufactured home is conveyed or encumbered on 10 and after that date, the manufactured home shall be conveyed and encumbered as real 11 property. 12 Sec. 28.10.269. Definitions. In AS 28.10.201 - 28.10.269, unless the context 13 indicates otherwise, 14 (1) "affixation affidavit" means an affixation affidavit under 15 AS 34.85.060; 16 (2) "severance affidavit" means a severance affidavit under 17 AS 34.85.120. 18 * Sec. 17. AS 28.10.371 is amended by adding new subsections to read: 19 (b) Notwithstanding (a) of this section, a lien on a manufactured home for the 20 purchase of the manufactured home is valid against judicial lien creditors and 21 execution creditors on and after the date the lien attaches under AS 45.29 against the 22 manufactured home. 23 (c) Notwithstanding (a) of this section, the holder of a lien on a manufactured 24 home may deliver a lien release document to a person to facilitate conveying or 25 encumbering the manufactured home. A person receiving the lien release document 26 holds the document in trust for the lienholder. 27 * Sec. 18. AS 28.10.381 is amended by adding a new subsection to read: 28 (c) Except as otherwise provided in AS 28.10.262, 28.10.263, and AS 34.85, 29 after a certificate of title to a manufactured home has been issued and while the 30 manufactured home is subject to a lien or encumbrance under (a) of this section, 31 (1) the department may not cancel the manufacturer's certificate of
01 origin for the manufactured home under AS 28.10.262, or cancel the certificate of title 02 to the manufactured home under AS 28.10.263; and 03 (2) the validity and priority of the lien or encumbrance continues. 04 * Sec. 19. AS 28.10.391 is amended by adding a new subsection to read: 05 (e) Notwithstanding another provision of this section, the creation or 06 termination of a lien or encumbrance with respect to a manufactured home that has 07 been converted to real property under AS 34.85.010 is governed by the laws that apply 08 to real property. 09 * Sec. 20. AS 28.10.661(2) is amended to read: 10 (2) "vehicle" includes mobile homes for the purposes of provisions 11 relating to certificates of title; in this paragraph, "mobile home" means a 12 manufactured home. 13 * Sec. 21. AS 28.10.661 is amended by adding a new paragraph to read: 14 (3) "manufactured home" has the meaning given in AS 45.29.102. 15 * Sec. 22. AS 29.45 is amended by adding a new section to read: 16 Sec. 29.45.051. Tax deferral for certain subdivided property. (a) A 17 municipality may by ordinance permit deferral of payment of taxes on all or a portion 18 of the increase in assessed value directly attributable to 19 (1) the subdivision of a single parcel of property into three or more 20 parcels; and 21 (2) any improvements made to the property necessitated by its 22 subdivision. 23 (b) A deferral from taxation allowed under (a) of this section shall be limited 24 to a maximum period of five years. A municipality may by ordinance provide for the 25 deferral of payment of taxes permitted under (a) of this section to be of a shorter 26 duration. 27 (c) Subject to (b) of this section, a municipality may also by ordinance provide 28 that 29 (1) the deferral is terminated when 30 (A) a lot in the subdivision is sold; or 31 (B) a residential or commercial building is built on a lot in the
01 subdivision; or 02 (2) the deferral continues for the unsold lots in the subdivision after 03 (A) a lot in the subdivision is sold; or 04 (B) a residential or commercial building is constructed on a lot 05 in the subdivision. 06 * Sec. 23. AS 29.45.070 is amended to read: 07 Sec. 29.45.070. Mobile homes. Mobile homes, trailers, house trailers, trailer 08 coaches, and similar property used or intended to be used for residential, office, or 09 commercial purposes and permanently affixed [ATTACHED] to real property 10 under AS 34.85.150 [THE LAND OR CONNECTED TO WATER, GAS, 11 ELECTRIC, OR SEWAGE FACILITIES] are classified as real property for tax 12 purposes unless expressly classified as personal property by ordinance. This section 13 does not apply to house trailers and mobile homes that are unoccupied and held for 14 sale by persons engaged in the business of selling mobile homes. In this section, 15 "mobile home" has the meaning given to "manufactured home" in AS 45.29.102. 16 * Sec. 24. AS 34.03.360 is amended by adding a new paragraph to read: 17 (23) "mobile home" has the meaning given to "manufactured home" in 18 AS 45.29.102. 19 * Sec. 25. AS 34.70.200(3) is amended to read: 20 (3) "residential real property" means real property whose primary 21 purpose is to provide a single-family dwelling, or two single-family dwellings in one 22 building, including a manufactured home that has become real property under 23 AS 34.85.010; in this paragraph, "manufactured home" has the meaning given in 24 AS 45.29.102; 25 * Sec. 26. AS 34.80.090(6) is amended to read: 26 (6) "residential real property" means real property on which there are 27 one to four attached or detached dwelling units, or any number of apartments if the 28 apartments are in a horizontal property regime formed under AS 34.07 or any number 29 of units if the units are in a common interest community created under AS 34.08; 30 "residential real property" includes a manufactured home that has become real 31 property under AS 34.85.010; in this paragraph, "manufactured home" has the
01 meaning given in AS 45.29.102; 02 * Sec. 27. AS 34 is amended by adding a new chapter to read: 03 Chapter 85. Manufactured Home Property Act. 04 Sec. 34.85.010. Real property characterization. A manufactured home 05 becomes real property if 06 (1) the home is permanently affixed to land under AS 34.85.150; 07 (2) an affixation affidavit has been recorded under AS 40.17.125; 08 (3) the ownership interests in the manufactured home and in the real 09 property to which the manufactured home is permanently affixed are identical, except 10 as provided by AS 34.85.040; and 11 (4) the manufactured home is 12 (A) covered by a manufacturer's certificate of origin that the 13 owner of the manufactured home is able to produce, and the department has 14 cancelled the manufacturer's certificate of origin under AS 28.10.262; 15 (B) covered by a certificate of title that the owner of the 16 manufactured home is able to produce, and the department has cancelled the 17 certificate of title under AS 28.10.263; or 18 (C) not covered by a manufacturer's certificate of origin or a 19 certificate of title, or if the manufactured home is covered by a manufacturer's 20 certificate of origin or a certificate of title but the owner of the manufactured 21 home, after diligent search and inquiry, was unable to produce the 22 manufacturer's certificate of origin or certificate of title, and the department 23 has provided a written confirmation under AS 28.10.264. 24 Sec. 34.85.020. Effect of real property characterization. (a) When a 25 manufactured home becomes real property under AS 34.85.010, a mortgage, deed of 26 trust, lien, or security interest that can attach to land, buildings erected on land, or 27 fixtures affixed to land or buildings attaches to the manufactured home in the same 28 manner as if the manufactured home were built from ordinary building materials on 29 the land where the manufactured home is located. 30 (b) If the title to a manufactured home is transferred after the manufactured 31 home becomes real property under AS 34.85.010, title to the manufactured home,
01 together with the land to which the converted manufactured home is affixed, shall be 02 transferred by deed or other form of conveyance that is effective to transfer an interest 03 in real property. 04 (c) When a manufactured home becomes real property under AS 34.85.010, 05 the manufactured home is governed by the laws applicable to real property in effect on 06 the date the manufactured home satisfies AS 34.85.010. 07 Sec. 34.85.040. Ownership interest exception. If the owner of a 08 manufactured home is not the owner of the real property on which the manufactured 09 home is located, the requirement under AS 34.85.010(3) that the ownership interests 10 be identical is satisfied if the owner possesses the real property under 11 (1) a lease in a recordable form that has a term that continues for at 12 least 20 years after the date of execution of the affixation affidavit; and 13 (2) the lessor of the real property consents. 14 Sec. 34.85.060. Affixation affidavit requirements. An affixation affidavit 15 must provide 16 (1) the name of the manufacturer, the make, the model name, the 17 model year, the dimensions, and the manufacturer's serial number of the manufactured 18 home; 19 (2) whether the manufactured home is new or used; 20 (3) a statement that the person executing the affidavit is 21 (A) the owner of the real property described in the affixation 22 affidavit; or 23 (B) not the owner of the real property described in the 24 affixation affidavit, and the person 25 (i) is in possession of the real property under a lease in 26 recordable form that has a term that continues for at least 20 years after 27 the date of execution of the affidavit; and 28 (ii) the lessor of the real property consents; 29 (4) if (3)(B)(ii) of this section applies, the consent of the lessor of the 30 real property endorsed on or attached to the affidavit and acknowledged or proved in 31 the manner required for the conveyance to be recorded;
01 (5) the street address and the legal description of the real property to 02 which the manufactured home is or shall be permanently affixed; 03 (6) if the manufactured home is not covered by a certificate of title, a 04 statement by the owner to that effect; 05 (7) an owner's statement under AS 34.85.070; 06 (8) a statement whether or not the manufactured home is subject to a 07 lien or encumbrance; 08 (9) if the manufactured home is subject to a lien or encumbrance, a 09 statement giving the name and address of each person who holds a lien or 10 encumbrance on the manufactured home, including each holder of a lien or 11 encumbrance shown on a certificate of title issued by the department, the original 12 principal amount secured by each lien and encumbrance, and a statement that 13 (A) the lien or encumbrance shall be released; or 14 (B) each lien or encumbrance on the manufactured home has 15 been released and proof of the release; 16 (10) if the manufactured home is not covered by a manufacturer's 17 certificate of origin or a certificate of title, a statement by the owner of the 18 manufactured home that the manufactured home is not covered by a manufacturer's 19 certificate of origin or a certificate of title and that the owner of the manufactured 20 home will apply to the department under AS 28.10.264; 21 (11) a statement that the manufactured home is or will be permanently 22 affixed to the real property; and 23 (12) the name and address of a person designated for filing the 24 certified copy of the affixation affidavit with the department. 25 Sec. 34.85.070. Owner's statement for affixation affidavit. (a) An owner's 26 statement for an affixation affidavit must comply with (b) or (c) of this section. 27 (b) If a manufactured home is covered by a manufacturer's certificate of 28 origin, the owner of the manufactured home shall 29 (1) state that the manufactured home is covered by a manufacturer's 30 certificate of origin, provide the date the manufacturer's certificate of origin was 31 issued, provide the manufacturer's serial number, state that the original manufacturer's
01 certificate of origin for the manufactured home is annexed to the affixation affidavit 02 and is endorsed to the owner of the manufactured home, and state that the owner of the 03 manufactured home will surrender the manufacturer's certificate of origin for 04 cancellation under AS 28.10.262; or 05 (2) state that the owner of the manufactured home, after diligent search 06 and inquiry, has been unable to produce the original manufacturer's certificate of 07 origin for the manufactured home and shall apply to the department under 08 AS 28.10.264. 09 (c) If a manufactured home is covered by a certificate of title, the owner of the 10 manufactured home shall 11 (1) state that the manufactured home is covered by a certificate of title, 12 provide the date the title was issued and the title number, and state that the owner shall 13 surrender the title for cancellation under AS 28.10.263; or 14 (2) state that the owner, after diligent search and inquiry, has been 15 unable to produce the certificate of title to the manufactured home and shall apply to 16 the department under AS 28.10.264. 17 Sec. 34.85.080. Effect on liens and encumbrances. Permanently affixing a 18 manufactured home to real property or recording an affixation affidavit under 19 AS 40.17.125 does not impair the rights of a holder of, or the character of, a lien or 20 encumbrance on a manufactured home under AS 28.10.381 unless an application to 21 cancel the title is filed with the department under AS 28.10.263 and the lien or 22 encumbrance is released under AS 28.10.401. 23 Sec. 34.85.090. Filing affixation affidavit with department. When a person 24 designated in an affixation affidavit to file the affixation affidavit with the department 25 receives a certified copy of the recorded affixation affidavit, the person shall deliver 26 the certified copy of the affixation affidavit to the department for filing under 27 AS 28.10.262 - 28.10.264. 28 Sec. 34.85.100. Use of affidavit. (a) Except as provided in AS 34.85.010, 29 34.85.020, 34.85.090, and AS 40.17.125, an affixation affidavit is not necessary or 30 effective to convey or encumber a manufactured home or to change the character of a 31 manufactured home to real property.
01 (b) A conveyance of land on which a manufactured home is located must 02 recite that the conveyance does not affect the title to the manufactured home and that 03 the transfer or encumbrance of the manufactured home can only be made under 04 AS 28.10 if 05 (1) an affixation affidavit has not been recorded for the manufactured 06 home; or 07 (2) a severance affidavit has been recorded for the manufactured home. 08 (c) An agreement that waives the requirements of (a) or (b) of this subsection 09 is void. 10 Sec. 34.85.110. Severance of manufactured home. If an affixation affidavit 11 has been recorded for a converted manufactured home and if the converted 12 manufactured home is severed from the real property to which it was affixed, each 13 person having an interest in the real property shall record a severance affidavit in the 14 recording district where the affixation affidavit was recorded. 15 Sec. 34.85.120. Severance affidavit. The severance affidavit must contain or 16 be accompanied by 17 (1) the name, residence, and mailing address of the owner of the 18 manufactured home; 19 (2) a description of the manufactured home, including the name of the 20 manufacturer, the make, the model name, the model year, the dimensions, and the 21 manufacturer's serial number of the manufactured home; 22 (3) whether the manufactured home it is new or used; 23 (4) the serial numbers and date when the affixation affidavit was 24 recorded; 25 (5) a statement 26 (A) of any facts or information known to the person signing the 27 affidavit that could reasonably affect the validity of the title to the 28 manufactured home or the existence or nonexistence of a lien or encumbrance 29 on the manufactured home; or 30 (B) that the person signing the affidavit does not know any 31 facts or information that could reasonably affect the validity of the title to the
01 manufactured home or the existence or nonexistence of a lien or encumbrance 02 on the manufactured home; 03 (6) a declaration made under oath or affirmation by an attorney 04 authorized under AS 08.08 to practice law in the state or an agent of a title insurance 05 company entitled under AS 21.66 to transact a title insurance business in this state that 06 the manufactured home is free and clear of all liens and encumbrances, and 07 (A) stating any facts or information known to the attorney or 08 agent that could reasonably affect the validity of the title to the manufactured 09 home or the existence or nonexistence of a lien or encumbrance on the 10 manufactured home; or 11 (B) that the attorney or agent does not know any facts or 12 information that could reasonably affect the validity of the title to the 13 manufactured home or the existence or nonexistence of a lien or encumbrance 14 on the manufactured home; and 15 (7) the name and address of the person designated to file the certified 16 copy of the severance affidavit with the department under AS 28.10.265. 17 Sec. 34.85.130. Filing of severance affidavit. On receipt of a certified copy of 18 the severance affidavit by the person designated in the affidavit for filing with the 19 department, the person shall file the certified copy with the department under 20 AS 28.10.262 - 28.10.264. 21 Sec. 34.85.140. Affidavit form and acknowledgment. (a) An affixation 22 affidavit and a severance affidavit must be acknowledged in the same manner as a 23 conveyance of real property and must be in a form that may be recorded under 24 AS 40.17. 25 (b) The department shall establish by regulation the forms for an affixation 26 affidavit and a severance affidavit. 27 Sec. 34.85.150. Permanently affixed. A manufactured home is permanently 28 affixed when it is 29 (1) anchored to real property by attachment to a permanent foundation; 30 (2) constructed in accordance with applicable state and local building 31 codes and manufacturer's specifications as provided in the Model Manufactured Home
01 Installation Standards of the federal Department of Housing and Urban Development 02 (24 C.F.R. 3285); and 03 (3) connected to a residential utility, including water, gas, electricity, 04 sewer, or septic service. 05 Sec. 34.85.190. Definitions. In this chapter, unless the context requires 06 otherwise, 07 (1) "affixation affidavit" means an affixation affidavit under 08 AS 34.85.060; 09 (2) "department" means the Department of Administration; 10 (3) "manufactured home" has the meaning given in AS 45.29.102; 11 (4) "permanently affixed" means when a manufactured home is 12 permanently affixed under AS 34.85.150; 13 (5) "severance affidavit" means a severance affidavit under 14 AS 34.85.120. 15 Sec. 34.85.195. Short title. This chapter may be cited as the Manufactured 16 Home Property Act. 17 * Sec. 28. AS 40.17 is amended by adding a new section to read: 18 Sec. 40.17.125. Recording affidavits related to manufactured homes. (a) A 19 recorder shall record an affixation affidavit and a severance affidavit if the affidavit 20 meets the requirements for recording under AS 40.17.030 and is offered for recording 21 in the recording district where the real property to which the manufactured home 22 affixed is located. 23 (b) A recording officer shall place on the recorded affidavit 24 (1) the indexing information for the recorded affidavit; and 25 (2) an indication that the recorded affidavit was recorded. 26 (c) In this section, 27 (1) "affidavit" means an affixation affidavit or a severance affidavit; 28 (2) "affixation affidavit" has the meaning given in AS 34.85.190; 29 (3) "manufactured home" has the meaning given in AS 45.29.102; 30 (4) "recorded affidavit" means an affidavit recorded under this section; 31 (5) "severance affidavit" has the meaning given in AS 34.85.190.
01 * Sec. 29. AS 45.10.220(2) is amended to read: 02 (2) "goods" means personal chattels purchased primarily for personal, 03 family, or household use and not for commercial or business use, but does not include 04 money or, except as provided in the next phrase, chose in action; "goods" includes 05 [BUT IS NOT LIMITED TO] merchandise certificates or coupons issued by a retail 06 seller to be used in their face amount instead of cash in exchange for goods or services 07 sold by the seller and goods, including a manufactured home, that, at the time of 08 sale or subsequently, are to be so affixed to real property as to become a part of it, 09 whether or not severable from it; in this paragraph, "manufactured home" has the 10 meaning given in AS 45.29.102; 11 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: REGULATIONS. The Department of Administration shall adopt 14 regulations necessary to implement this Act. The regulations must take effect under AS 44.62 15 (Administrative Procedure Act) on January 1, 2013. 16 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 SAVING CLAUSE. This Act may not be interpreted to impair a right or claim 19 existing under law before January 1, 2013, of a person claiming an interest in a manufactured 20 home. In this section, "manufactured home" has the meaning given in AS 45.29.102. 21 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application 24 of it to any person or circumstance, is held invalid, the remainder of this Act and the 25 application to other persons or circumstances are not affected. 26 * Sec. 33. Section 30 of this Act takes effect immediately under AS 01.10.070(c). 27 * Sec. 34. Sections 22 and 32 of this Act take effect July 1, 2012. 28 * Sec. 35. Except as provided in secs. 33 and 34 of this Act, this Act takes effect January 1, 29 2013.