What is an Affidavit of Affixture?

If you are looking to get your manufactured home financed with an FHA loan you will need an affidavit of affixture properly recorded.

What is an affidavit of affixture?

An affidavit of affixture is a recorded legal document that certifies the manufactured home is permanently affixted to the land. This makes it “real property” which is required if you’re looking to get the manufactured home financed with an FHA loan.

If you’re not sure if the affidavit has already be certified by the state of Michigan you can check here. You’ll need the serial number of the manufactured home and the last name of the primary owner. Those can be found on the title.

If you cannot find the title, you can request one from secretary of state.

How do I go about getting the affidavit of affixture recorded?

Here is the process of getting the affidavit of affixture recorded so that it can be eligible for FHA financing:

  • Fill out and send the affidavit of affixture to be certified by the state of Michigan
    • Send that to the state of Michigan along with the original title and $90 application fee
    • In addition, you’ll need to provide the legal description of where the property is located. You can locate the legal description on the deed at your local county recorder’s or assessor’s office (or on their website).
  • Once the state certifies the affidavit, they will send it back to you (7-10 business days)
  • Then you can take the state certified affidavit of affixture to your county office to be recorded

Important: If you have the affidavit recorded with the county prior to having the state certify it, the affidavit is not valid. It must be certified by the state prior to being recorded.

Why is the affidavit of affixture so important?

If you’re looking to get residential financing (like an FHA loan) the home has to be considered “real property”.

Manufactured homes (mobile homes) must be permanently affixed to the land in order to be considered “real property”.

If the home is not permanently affixed to the land, the home is treated as “mobile” and looked at as a vehicle with separate title from the land.

The affidavit of affixture combines the land and the home as one. So the land and home are permanently tied together on title.

If the affidavit is not recorded there are two separate titles: 1 title for the land, and 1 title for the manufactured home.

When getting an FHA mortgage, the lender will require the title company to issue an ALTA 7 title policy. This is further confirmation that the home is permanently affixed to the land.

Without the ALTA 7 endorsement from the title company, the home will not meet HUD (FHA) guidelines requirements, and cannot close.

Benefits of getting affidavit of affixture recorded

By getting the affidavit recorded properly, you open up more favorable financing options available.

Mobile home loans are not the same as residential mortgages, unless your home is permanently affixed to the land and considered “real property”

When it’s considered real property you can be eligible for:

  • FHA mortgage with very competitive rates
  • 30 and 15 year fixed loans
  • Home purchase and refinance.
  • Cash out refinance up to 85% loan-value ratio
  • Easier to sell the home to potential buyers if the property is considered “real property”

In Summary

Getting the affidavit of affixture recorded on a manufactured home is crucial and beneficial. If you follow the steps provided above you’ll be setting yourself up for success.

Source: BalanceProcess.com