Posted by MBCA on 5/7/06 5:17pm
Msg #118246

Manufactured Home Affidavit Of Affixation

I did a search, but couldn't find any information on this one.

On this document they want to know the following: new/used, year, manufacturer's name, model name, model #, manufacturer's serial #, length & width, street address, city, state, zip and county.
Then they go on to ask for the legal description, which isn't on this document (or on any of the other documents, I checked).
It also says the homeowner designates the following person to record this affidavit, which again is blank

The wording on the last page of the document says:

This affidavit is executed by Homeowner pursuant to applicable state law, In Witness Whereof, Homeowner has executed this affidavit in my presence and in the presence of the undersigned witness on this____________day of_______________________.

Then they have a place for the witness to sign and the borrower.
On the next page they have a California acknowledgment which I can't notorize because there are so many blank spaces on this doc. Even if the borrower knows all this info about his maufactured home, I still don't have the legal description on the document and we can't notorize anything with blank spaces! There is also a Manufactued Home Rider To Security Instrument, which has just about the same wording with an acknowledgment.

Is this the norm for manufactured homes? What do I do?

Reply by BrendaTx on 5/7/06 5:41pm
Msg #118249

Look under the kitchen sink cabinet - on the door. There may be something there.

Reply by LkArrowhd/CA on 5/7/06 5:44pm
Msg #118250

Who may I ask hired you to do this, the owner of the home, a company (no specific names)? If a company, can you call them and ask. If borrower, they should have all the info needed, especially if new and if old where is the original paperwork?

Reply by TitleGalCA on 5/7/06 5:44pm
Msg #118251

I have done one signing for a manufactured/mobile home and since the escrow officer hired me and the signing was in my office, I didn't sweat the forms I was unfamiliar with.

It doesn't matter what the norm is, just do your job as notary; whether jurat or ack.

***and we can't notarize anything with blank spaces***

Who told you that? The handbook references "incomplete documents". Just because the legal description isn't attached, or is referenced as an exhibit A...you can still notarize the document.

If we follow your logic, about blank spaces, then I guess 99% of the grant deeds that notaries do without the transfer tax computed (a blank) then all those notaries did it wrong??

Most documents are prepared by title companies/lenders BEFORE they know the legal description to the property. Let the title company attached the legal prior to recording.

Reply by MBCA on 5/7/06 5:57pm
Msg #118253

Thank you!

Reply by TitleGalCA on 5/7/06 6:00pm
Msg #118256

Welcome! n/m

Reply by dickb/wi on 5/8/06 7:26pm
Msg #118415

in wisconsin WE CAN NOT NOTARIZE A DOC W/BLANK SPACES........it's in the manual and i have called the sos on this in the past and they said NO NO NO....both NNA and ASN have said not to notarize a doc with blank spaces......not criticising you but just the info i have recd.......

Reply by Raimond on 5/7/06 5:59pm
Msg #118255

I have done several of these...

Do not notarize it.... You are the witness only!

Also some of the information you need is on the outside of the trailer. Most likely on a metal plate from the manufacture.
E-mail me direct if you still need help...

Reply by LkArrowhd/CA on 5/7/06 6:03pm
Msg #118258

Thanks for the tip Ray.....

Reply by Raimond on 5/7/06 6:13pm
Msg #118261

Welcome Susan! n/m

Reply by BrendaTx on 5/7/06 6:16pm
Msg #118263

**Most likely on a metal plate from the manufacture.**

I wish I could remember this...sometimes they put it under the sink. Sometimes that is scary.

Reply by Raimond on 5/7/06 6:22pm
Msg #118267

Brenda....

It could be we both are correct...

I have done several, all new homes. On these they were outside.... on older models it could be on the inside. My toy hauler has it outside but again, it is a newer trailer...

You just never know!

Thanks for yet another idea of were to look....

Reply by LawrenceOK on 5/7/06 7:39pm
Msg #118276

You can find the manufacturers template attached to the under frame just above the pull tongue. The HUD information is usually on the cabinet door under the sink. But if the borrowers still have the paper work, then all the info is on the sales contract.

Reply by BrendaTx on 5/7/06 7:52pm
Msg #118278

You can find the manufacturers template attached to the under frame just above the pull tongue. The HUD information is usually on the cabinet door under the sink. But if the borrowers still have the paper work, then all the info is on the sales contract.

This is superduper info, Lawrence...it shall go into #33325 as it is a much needed tidbit.

Reply by LawrenceOK on 5/7/06 8:04pm
Msg #118282

Re: Manufactured Home Affidavit Of Affixation and BTW

If they have removed the pull tongue and skirted the home, it is NOT your job to go tearing up the skirting to get to it either. Actually it's not your job to be filling in all of this information anyway. Talk about a lazy lender.

Reply by Raimond on 5/7/06 8:13pm
Msg #118284

Re: Manufactured Home Affidavit Of Affixation and BTW

Hear Hear Lawerence!!

I now call the seller and get anything that is not on the form already.....

Reply by NCLisa on 5/8/06 12:03am
Msg #118309

A doublewide or single wide may have all that info on it, but but newer manufactured and modular homes don't always have serial numbers or anything like that these days. That form is to be completed by the title company or attorney, not you or the borrower. It gets recorded so that the tax assessors office realizes that the structure is attached to the land, and is taxed as real property and not personal property.

The borrower does sign the document, and you are notarizing it.

I consider a DT complete without the legal description attached. It has the property address, and it is up to the TC or attorney to make sure the legal is attached. As for having borrowers verify their legals, most don't know that they are in lot 7, phase 8, block 4 of a subdivision, and here in NC with so many metes and bounds descriptions, no borrower knows unless they have their survey in hand.

Reply by PAW on 5/8/06 9:13am
Msg #118327

Legal Description

This issue has been covered so many times, but here is my response, yet again.

According to FL statute, and the interpretation of it by the FL AG, SOS, ASN, and my own legal adviser, a document is not considered complete without all referenced attachments being "attached". ("Attached" does not necessarily mean physically attached, but included in the document package.) That being said, FL Statutes (F.S.A. 117.107(10)) specifically prohibits a notary notarizing the signature on a document that is not complete or contains blanks, with one single provision.

As for borrowers not knowing their legal description, most here do because everything is based on the legal description, whether it be meets & bounds, or lots & blocks, because a copy of the survey is generally required to be validated (by a new survey or affidavit) whenever there is any transaction concerning the real property. Considering that just about every refi mortgage that I've done, has a survey affidavit in it, when I call to confirm the appointment, I tell the borrowers that in addition to copies of the ID, we will probably need to know their insurance agent/company name and address as well as their survey. Then, when we get to the docs in question, including the legal description for the mortgage, all information is readily available.

Reply by Jason on 5/8/06 9:54am
Msg #118333

Another case of know your state's regs

In WA, I can't complete that form. Wouldn't fly.

Not the right form for the purpose.

Can't notarize forms I complete.

I toss em back to the TC.