Several changes are being made to both the multi-state and state-specific text of Cx43. These changes are as follows:
1. Multi-state: Minor textual changes are being made to this document for grammatical reasons. Currently, the affidavit has a mix between first and second person narratives and, in some instances, uses proper nouns where common ones should be used. After changes are made, the affidavit will be entirely in the second person narrative (except, of course, for the notary acknowledgment) and, where appropriate, common nouns will be used. In addition, minor spacing changes have been made.
2. Alaska: 2012 Alaska Laws ch. 64 (S.B. 104) added and amended various provisions of Alaska’s statutes, including the Manufactured Home Property Act (Chapter 85, Title 34 of Alaska’s Statutes). Of particular note are changes to the requirements for the affixation affidavit found in Alaska Stat. Ann. § 34.85.060 (West 2012). Due to these change requirements, the Alaska version of Cx43 will be modified in the following ways:
a. The legal description of the parcel of real property that the manufactured home will be affixed to will be included on the first page, under the “Description of Manufactured Home” section.
b. A new Section 15, the text of which will dynamically print based on whether the borrower(s) will have a fee estate in the real property (fee simple, community property, joint tenants, or tenants in common) or not (a leasehold). If the borrower has a fee estate, Section 15 will print the following:
“That the Borrower(s) is the owner of the real property described herein.”
If a leasehold, the following:
“That the Borrower(s) is not the owner of the real property described herein, but is in possession of such property under a lease in recordable form that has a term that continues for at least 20 years after the date of execution of this Affidavit. The lessor of the real property has consented to the affixation and such consent is attached to this Affidavit and acknowledged or proved in the manner required for the conveyance to be recorded.”
c. A new Section 16, which will also have text which prints dynamically based upon whether the home is covered by a certificate of title or not and, if covered, whether the certificate currently exists or not. There will also be text for cases where the home is not covered by either a certificate of title or by a manufacturer’s certificate of origin.
d. A new Section 17, with dynamic text which will print if the home is covered by a manufacturer’s certificate of origin and the certificate either does or does not currently exist. If the home is not covered by a certificate of origin, none of these versions of Section 17 will print.
e. A new ending section (which will appear as either Section 17 or 18, depending on the outcome of Item [d] above), which discloses the name and residence/location of the person who will be filing a certified copy of the affidavit (due to common business practices, generically the name and address of the title company will appear).
To accommodate the dynamic text in Sections 16 and 17, the following fields will be globally, optionally prompted for in Closings when Field 22413 Manufactured/Mobile Home is set to “Yes”:
* Manufactured Home is Covered by a Certificate of Title
* Copy of Manufactured Home Certificate of Title Exists
* Manufactured Home is Covered by Manufacturer’s Certificate of Origin
* Copy of Manufactured Home Manufacturer’s Certificate of Origin Exists
* Manufactured Home Certificate of Title Number
* Manufactured Home Certificate of Title Date
* Manufactured Home Manufacturer’s Certificate of Origin Date
3. Maryland: 2012 Maryland Laws Ch. 547 (H.B. 678) also added and amended various parts of their Real Property Law, notably Md. Code Ann., Real Prop. § 8B-202 (West 2012), which requires certain items to be affirmed to in the affidavit. Due to this legislation, the following changes will be made to the Maryland version of Cx43:
a. The legal description of the parcel of real property that the manufactured home will be affixed to will be included on the first page, under the “Description of Manufactured Home” section.
b. The following new clause will be added to the end of Section 1: “at the time of filing this Affidavit in the land records.”
c. A new Section 13 will be added, which states the following:
“The ownership interests in the Manufactured Home and the Parcel of Real Property upon which the Manufactured Home is affixed are identical at the time of filing this Affidavit in the land records.”
All subsequent sections will be renumbered.
4. Tennessee: Pursuant to our policy of following model forms where possible, we will be modifying the Tennessee version of Cx43 to match the model affidavit set forth in Tenn. Code Ann. § 55-3-138. Substantive changes are as follows:
a. Inclusion of a “Prepared By:” section at the very beginning of the affidavit, similar to that used in security instruments.
b. Deletion of current sections one through three and eleven through thirteen, plus the introductory paragraph to the affidavit sections.
c. Complete textual revisions and renumbering of sections four through ten and fourteen. Among these edits, the newer version of Section 8 will require an indication of whether the manufactured home is covered by a certificate of title, by a manufacturer’s statement or certificate of origin, or whether the home is not covered by a certificate of title and the certificate of origin is missing. To determine which of these should be checked, the following fields will be globally, optionally prompted for:
* Manufactured Home is Covered by Certificate of Title
* Manufactured Home is Covered by Manufacturer’s Certificate of Origin
* Copy of Manufactured Home Manufacturer’s Certificate of Origin Exists
In addition, the newer version of Section 9 contains fields which will disclose the name, address, and original principal amount of any liens that the home is currently subject to. If it is not subject to a lien, “N/A” will print in each field.
d. The execution clauses for both the borrower and lender will be revised to match the language in Tennessee’s Code and language required by FNMA to be present in the affidavit (see FNMA Ann. 07-12).
e. The “Attention County Clerk” section at the very end of the document will be revised to match the language in Tennessee’s Code.
f. The notary acknowledgment will be changed to match the one set forth in Tenn. Code Ann. § 55-3-138. Please note that this form of acknowledgment is different than the standard forms of acknowledgment found in Ibid. §§ 66-22-107 through 66-22-114. However, since it is newer and it does indicate the intent of all parties, it will be used in lieu of the standard acknowledgments (see In Re Akins 87 S.W.3d 488 [Tenn. 2002] for a court’s opinion on forms of acknowledgment).
These changes will take effect on March 23, 2013. If you have any questions or concerns about these updates, please contact Client Support at 1.800.497.3584.
March 18, 2013
DR 124186, 125713, 125714, 125717, 131240, 133459