Utah Code 70D-2-401. Qualification of manufactured home or mobile home as improvement to real property — Requirements — Removal from property
Terms Used In Utah Code 70D-2-401
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Department of Financial Institutions. See Utah Code 70D-1-102
- Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Manufactured home: means a transportable factory built housing unit that:(4)(a) is constructed:(4)(a)(i) on or after June 15, 1976, according to the National Manufactured Housing Construction and Safety Standards Act of 1974; and(4)(a)(ii) in one or more sections, which:(4)(a)(ii)(A) in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or(4)(a)(ii)(B) when erected on site, is 400 or more square feet;(4)(b) is built on a permanent chassis;(4)(c) is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and(4)(d) includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 70D-2-102
- Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code that existed before the National Manufactured Housing Construction and Safety Standards Act of 1974. See Utah Code 70D-2-102
- Modular home: means a modular unit as defined in Section 15A-1-302. See Utah Code 70D-2-102
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage: means a mortgage or deed of trust affecting real property located in this state. See Utah Code 70D-1-102
- Permanently affixed: means anchored to, and supported by, a permanent foundation or installed in accordance with the manufactured housing installation standard code referred to in Section 15A-1-202. See Utah Code 70D-2-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Personal property: All property that is not real property.
- Personal property: includes :
(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Record: means information that is:
(8)(a) inscribed on a tangible medium; or(8)(b) stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70D-1-102- State: means :
(10)(a) a state, territory, or possession of the United States;(10)(b) the District of Columbia; or(10)(c) the Commonwealth of Puerto Rico. See Utah Code 70D-1-102- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5(2) For purposes of this chapter, if the requirements of this section are met, a manufactured home or mobile home is:(2)(a) considered to be an improvement to real property; and(2)(b) considered as real property.(3) A manufactured home or mobile home is considered to be an improvement to real property if:(3)(a) the manufactured home or mobile home is permanently affixed to real property;(3)(b) the person seeking to have the manufactured home or mobile home considered to be an improvement to real property:(3)(b)(i) owns the manufactured home or mobile home;(3)(b)(ii)(3)(b)(ii)(A) owns the real property to which the manufactured home or mobile home is permanently affixed; or(3)(b)(ii)(B) leases the real property to which the manufactured home or mobile home is permanently affixed and the real property is financed in accordance with Subsection(4) ; and(3)(b)(iii) meets the requirements of:(3)(b)(iii)(A) Subsections(5) and(6) ; or(3)(b)(iii)(B) Subsection(8) ; and(3)(c)(3)(c)(i) in accordance with Subsection(7) , the following are recorded by the county recorder:(3)(c)(i)(A) the affidavit of affixture described in Subsection(7) ; and(3)(c)(i)(B) the receipt of surrender of ownership documents described in Subsection(7) ; or(3)(c)(ii) the affidavit of affixture described in Subsection(8) is recorded by the county recorder in accordance with Subsection(8) .(4) For purposes of Subsection(3)(b)(ii)(B) , a manufactured home or mobile home shall be financed in accordance with the guidelines established by:(4)(a) the Federal Home Loan Mortgage Corporation;(4)(b) the Federal National Mortgage Association;(4)(c) the United States Department of Agriculture; or(4)(d) another entity that requires as part of the entity’s financing program restrictions:(4)(d)(i) on:(4)(d)(i)(A) ownership; and(4)(d)(i)(B) actions affecting title and possession; and(4)(d)(ii) if the restrictions described in Subsection(4)(d)(i) are similar to restrictions imposed by one or more of the entities described in Subsections(4)(a) through(c) .(5)(5)(a) An owner of a manufactured home or mobile home seeking to have the manufactured home or mobile home considered to be an improvement to real property and considered real property shall complete an affidavit of affixture.(5)(b) An affidavit of affixture described in Subsection(5)(a) shall contain:(5)(b)(i) the vehicle identification numbers of the manufactured home or mobile home;(5)(b)(ii) the legal description of the real property to which the manufactured home or mobile home is permanently affixed;(5)(b)(iii) a statement certified by the assessor of the county in which the manufactured home or mobile home is located that the owner of the manufactured home or mobile home:(5)(b)(iii)(A) is not required to pay personal property tax in this state on the manufactured home or mobile home; or(5)(b)(iii)(B) if the manufactured home or mobile home is subject to personal property tax in this state, has paid all current and prior year personal property taxes assessed on the manufactured home or mobile home;(5)(b)(iv) a description of any security interests in the manufactured home or mobile home; and(5)(b)(v) a receipt of surrender of ownership documents issued by the Motor Vehicle Division of the State Tax Commission in accordance with Subsection(6) .(6)(6)(a) The Motor Vehicle Division of the State Tax Commission shall issue a receipt of surrender of ownership documents under Subsection(5)(b)(v) if an owner described in Subsection(5) surrenders to the Motor Vehicle Division the:(6)(a)(i) manufacturer’s original certificate of origin; or(6)(a)(ii) title to the manufactured home or mobile home.(6)(b) After issuing the receipt of surrender of ownership documents in Subsection(6)(a) , the Motor Vehicle Division shall maintain a permanent record of:(6)(b)(i) the receipt of surrender of ownership documents; and(6)(b)(ii) the certificate or title described in Subsection(6)(a)(ii) .(7)(7)(a) An owner shall present to the county recorder:(7)(a)(i) the affidavit of affixture described in Subsection(5) ; and(7)(a)(ii) the receipt of surrender of ownership documents described in Subsection(6) .(7)(b) A county recorder who receives the documents described in Subsection(7)(a) shall record the documents.(7)(c) An owner of property described in Subsection(5) shall provide a copy of the recorded affidavit of affixture to:(7)(c)(i) the Motor Vehicle Division of the State Tax Commission; and(7)(c)(ii) the assessor of the county in which the manufactured home or mobile home is located.(8)(8)(a) If an owner cannot comply with Subsections(5) ,(6) , and(7) because the certificate of title for the manufactured home or mobile home is lost or destroyed and a duplicate title cannot be obtained, the owner of the manufactured home or mobile home seeking to have the manufactured home or mobile home considered to be an improvement to real property and considered real property shall complete an affidavit of affixture meeting the requirements of Subsection(8)(b) .(8)(b) An affidavit of affixture described in Subsection(8)(a) shall contain the following from the owner:(8)(b)(i) the vehicle identification number of the manufactured home or mobile home;(8)(b)(ii) the legal description of the real property to which the manufactured home or mobile home is permanently affixed;(8)(b)(iii) a statement that the manufactured home or mobile home is permanently affixed to the real property;(8)(b)(iv) a statement that the manufactured home or mobile home is not registered with nor being assessed a fee in lieu of taxes by the Motor Vehicle Division of the State Tax Commission;(8)(b)(v) a statement that the manufactured home or mobile home is being taxed as an improvement to real estate by the county assessor as permitted under Section59-2-1503 ;(8)(b)(vi) a statement that the certificate of title described in Subsection(6)(a)(ii) has been lost or destroyed and the owner is unable to secure a duplicate title; and(8)(b)(vii) a statement that the manufacturer’s identification number or numbers are included in the deed or loan document recorded with the county recorder.(8)(c) The affidavit of affixture described in Subsection(8)(b) may be substantially in the following form:“AFFIDAVIT OF AFFIXTURE I,[Affiant’s Name], being first duly sworn, do hereby depose and say:
1. I am a resident of [County], State of [State], and I have personal knowledge of the facts contained in this affidavit and I am making this affidavit to comply with Utah Code Ann. Section
70D-2-401 .2. I own a fee simple interest in the following described property (“Real Property”) located at [City or Town], [County], State of Utah, more particularly described as:
[legal description].
3. I own a [manufactured home or mobile home] (“the Home”) described by the manufacturer’s identification number(s): [VIN or other manufacturer’s identifying number].
4. The Home is permanently affixed to the Real Property.
5. The Home is not registered with the Utah Motor Vehicles Division.
6. The Home is taxed as an improvement to real estate by the [County] County Assessor as permitted under Utah Code Ann. Section
59-2-1503 .7. The Certificate of Title for the Home has been lost or destroyed and I am unable to secure a duplicate title.
8. The manufacturer’s identification number(s) are included in the deed that is being recorded concurrently with this affidavit.
DATED this ____ day of _______________, 20__.
_____________________________
The foregoing instrument was acknowledged before me this ____ day of ______________, 20__, by ________________________.
___________________________
Notary Public
My Commission Expires:
Residing at:_______________
______________________”
(8)(d) A county recorder who receives an affidavit of affixture described in Subsection(8)(b) shall record the affidavit of affixture.(9) A lien on the manufactured home or mobile home that is considered to be an improvement to real property shall be perfected in the manner provided for the perfection of a lien on real property.(10) If a manufactured home or mobile home owner separates the manufactured home or mobile home from the real property, the owner may acquire a new title by submitting to the Motor Vehicle Division of the State Tax Commission:(10)(a) a recorded affidavit that the manufactured home or mobile home is removed from the real property; and(10)(b) an application for a new title.(11) The determination of whether a manufactured home or mobile home is considered real property or personal property under this section may not be considered in determining whether the manufactured home or mobile home is real property or personal property for purposes of taxation underTitle 59, Chapter 2, Property Tax Act .(12) This section does not apply to a modular home.
