What is a Manufactured Home?
Mobile Home Categories A.R.S. § 41-2142 defines the following categories of structures:
Manufactured Housing: A structure built on or after June 15, 1976, that is eight or more feet wide and forty or more feet long, has a permanent chassis, is transportable in one or more sections, is equipped with complete plumbing, heating, and electrical systems from the factory, and is designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. Manufactured housing is built in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, and Title VI of the Housing and Community Development Act of 1974. A.R.S. § 41-2142. Federal regulations control both the design and construction of all manufactured housing.
Mobile Home: A structure built prior to June 15, 1976, on a permanent chassis, transportable in one or more sections, and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. This definition does not include recreational vehicles or factory-built buildings. A.R.S. § 41-2142.
Park Model: A structure built on a single chassis, mounted on wheels and designed to be connected to utilities for operation of installed fixtures and appliances. A park model has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up. This category does not include fifth-wheel trailers. A.R.S. § 41-2142(30)(c).
What is an Affidavit of Affixture?
An Affidavit of Affixture is a document that is used to change the assessment of a mobile home unit from personal property to real property. The owner of a mobile home that is “permanently affixed” to real property may file an Affidavit of Affixture (DOR Form 82528) with the Assessor in the county where the real property is located. Pursuant to A.R.S. § 42-15201(2), a “permanently affixed” mobile home is a mobile home that is installed on real property, where the real property and the mobile home have identical ownership. “Affixed” does not mean that the mobile home is physically attached to the land. The Affidavit of Affixture process is best thought of as a legal process, not a physical one. No physical changes to the mobile home are required in order to file an Affidavit of Affixture.
How is an Arizona Manufactured Home taxed?
Mobile homes permanently affixed to land owned by the mobile home owner for which an Affidavit of Affixture has been recorded must be placed on the Real Property Tax Roll as an improvement to the land, pursuant to A.R.S. § 42-15202 (et. seq). A mobile home for which an Affidavit of Affixture has not been recorded must be placed on the Personal Property Tax Roll.
How long after an Affidavit of Affixture is recorded does the home get moved from the Personal Property Tax Roll to the Real Property Tax Roll?
It can take up to 36 months. We suggest a phone call to the assessors office in your county within six months after an Affidavit of Affixture is recorded to make sure that the Affixture has been recognized.
What is an Unaffixture?
An Unaffixture or Retitling is the un-doing of the Affidavit of Affixture. This process results in the home being titled with the MVD and again becoming Personal Property. The Retitling of a home is often done in order to be able to sell and then move the home to another location.
What is an MVD Power of Attorney?
An MVD Power of Attorney permits the person or company listed as the attorney in fact to act on behalf of the owner of the manufactured home pertaining only to matters involving the specific manufactured home listed by vin number and no other. It does not give permission to act on any other manufactured homes or vehicles that may be owned by the person named as buyer/seller/owner on the form.
What is a Bonded Title?
A Bonded Title is used when the paper trail from one owner to the next cannot be established. One example is that the current owner of the manufactured home has no title and is unable to contact the previous owner to have them provide a title and sign it over to them. The Bonded Title process begins with an MVD inspection of the home to establish the correct vin number to identify the record in the MVD system. The record is then obtained and certified letters are sent to each owner and lien holder listed asking for a signed off title and a lien release. If the letters are returned unopened, no further action is necessary. If a there is a response from one of the parties, further action is taken depending on the circumstances. A Bonded Title Affidavit stating the reason the Bonded Title is being sought after must be completed.
Also A bond must be purchased in the amount of one and one-half times the retail value of the home as determined by the MVD. The bond premium cost is usually two to five percent of the bond amount depending on the applicant’s credit rating. Once all the documentation, bond, and a title application is given to the MVD and a Bonded Title is issued.
Can an Affidavit of Affixture be obtained with a lien listed on the title?
Yes, if the lien has been paid, a lien release can be surrendered along with the title. If the lien has not been paid, but the lien holder is willing to give permission to transfer the lien from the title to the Affidavit of Affixture via a letter on company letterhead, the letter may be surrendered along with the title.
Where can I find the VIN (vehicle identification number) or serial number to a manufactured home?
A few examples are below.
