<section article="grp" article_name="Real Property" number="8B-101" title_number="8B" title_name="Manufactured Homes" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Attached to a permanent foundation” means anchored to real property by attachment to a permanent foundation and connected to utilities, including water, gas, electricity, or sewer or septic service.</text> </level> <level label="c"> <text>“Certificate of origin” has the meaning stated in § 13–101 of the Transportation Article.</text> </level> <level label="d"> <text>“Certificate of title” means a title issued by the Motor Vehicle Administration for a manufactured home under Title 13 of the Transportation Article.</text> </level> <level label="e"> <text>“Convert” means to make a manufactured home that is attached to a permanent foundation considered as permanently affixed to a parcel of real property and treated as an integral part of the parcel.</text> </level> <level label="f"> <level label="1"> <text>“Lien” means an interest in a manufactured home, whether as personal property or real property, or in the parcel of real property to which the manufactured home is or will be affixed, that secures payment of a debt or performance of an obligation.</text> </level> <level label="2"> <text>“Lien” includes:</text> <level label="i"> <text>A mortgage, deed of trust, security agreement, or other instrument creating an encumbrance on the property; or</text> </level> <level label="ii"> <text>An encumbrance arising by operation of law.</text> </level> </level> </level> <level label="g"> <text>“Manufactured home” has the meaning stated in § 9–102(a) of the Commercial Law Article.</text> </level> <level label="h"> <text>“Owner” means a person that has an ownership interest in a manufactured home.</text> </level> <level label="i"> <text>“Sever” means to separate a manufactured home that has been converted to real property from the parcel of real property to which it has been affixed.</text> </level> </section> <section article="grp" article_name="Real Property" number="8B-102" title_number="8B" title_name="Manufactured Homes" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>Except as provided in subsection (b) of this section, on satisfaction of the requirements of Subtitle 2 of this title:</text> <level label="1"> <text>A manufactured home shall be:</text> <level label="i"> <text>Converted to real property; and</text> </level> <level label="ii"> <text>Governed by the laws applicable to real property and not subject to Title 13 of the Transportation Article;</text> </level> </level> <level label="2"> <text>Any lien that can attach to real property shall attach in the same manner to a manufactured home that is converted to real property as to the parcel of real property to which the manufactured home has been affixed; and</text> </level> <level label="3"> <text>The title and all rights to a manufactured home shall be transferred by deed with the transfer of the parcel of real property to which the manufactured home has been affixed.</text> </level> </level> <level label="b"> <text>This section does not apply to a manufactured home for which an affidavit of severance has been recorded under § 8B–302 of this title.</text> </level> </section> <section article="grp" article_name="Real Property" number="8B-103" title_number="8B" title_name="Manufactured Homes" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <text>An affidavit of affixation is not necessary to convey or encumber a manufactured home.</text> </section> <section article="grp" article_name="Real Property" number="8B-104" title_number="8B" title_name="Manufactured Homes" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <text>The property tax status of a manufactured home shall be governed by the Tax – Property Article. </text> </section> <section article="grp" article_name="Real Property" number="8B-201" title_number="8B" title_name="Manufactured Homes" subtitle_number="2" subtitle_name="Conversion to Real Property"> <text>A manufactured home shall be converted to real property when all of the following events have occurred:</text> <level label="1"> <text>The manufactured home is attached to a permanent foundation;</text> </level> <level label="2"> <text>The ownership interests in the manufactured home and the parcel of real property to which the manufactured home is affixed are identical; and</text> </level> <level label="3"> <text>An affidavit of affixation complying with the requirements of § 8B–202 of this subtitle has been recorded with the clerk of the court of the county in which the parcel of real property to which the manufactured home is affixed is located.</text> </level> </section> <section article="grp" article_name="Real Property" number="8B-202" title_number="8B" title_name="Manufactured Homes" subtitle_number="2" subtitle_name="Conversion to Real Property"> <level label="a"> <text>An affidavit of affixation shall contain or be accompanied by:</text> <level label="1"> <text>A description of the manufactured home, including:</text> <level label="i"> <text>The name of the manufacturer, make, model name, model year, dimensions, and manufacturer’s serial number; and</text> </level> <level label="ii"> <text>A statement whether the manufactured home is new or used;</text> </level> </level> <level label="2"> <text>The street address and legal description of the parcel of real property to which the manufactured home is or will be affixed;</text> </level> <level label="3"> <text>A statement that the ownership interests in the manufactured home and the parcel of real property to which the manufactured home is or will be affixed are identical or will be identical after filing the affidavit of affixation in the land records; and</text> </level> <level label="4"> <text>A statement that the manufactured home is or will be attached to the real property described at the time of the filing of the affidavit of affixation in the land records.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an affidavit of affixation shall be accompanied by:</text> <level label="i"> <text>An original certificate of title issued by the Motor Vehicle Administration for the manufactured home that:</text> <level label="1"> <text>Has the word “surrendered” clearly written on its face; and</text> </level> <level label="2"> <text>If the certificate of title indicates that there is a lien on the manufactured home, is accompanied by a release from each party that is indicated to have a lien on the manufactured home; or</text> </level> </level> <level label="ii"> <text>A manufacturer’s certificate of origin for the manufactured home that:</text> <level label="1"> <text>Has the word “surrendered” clearly written on its face; and</text> </level> <level label="2"> <text>If the manufacturer’s certificate of origin indicates that there is a lien on the manufactured home, is accompanied by a release from each party that is indicated to have a lien on the manufactured home.</text> </level> </level> </level> <level label="2"> <text>If the owner is unable to locate an original certificate of title or a manufacturer’s certificate of origin, the affidavit of affixation shall be accompanied by a report prepared and acknowledged by an attorney licensed to practice in the State or a title insurance producer licensed to do business in the State that:</text> <level label="i"> <text>Identifies the party preparing the report;</text> </level> <level label="ii"> <text>States that a search has been conducted of:</text> <level label="1"> <text>The land records of the county in which the parcel of real property to which the manufactured home is or will be affixed is located; and</text> </level> <level label="2"> <text>The records maintained by the Motor Vehicle Administration; and</text> </level> </level> <level label="iii"> <text>Identifies all liens on the manufactured home, including for each lien:</text> <level label="1"> <text>The name of the lien holder;</text> </level> <level label="2"> <text>The nature of the lien;</text> </level> <level label="3"> <text>The date the lien was created; and</text> </level> <level label="4"> <text>The amount of the lien.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>If an affidavit of affixation is accompanied by an original certificate of title, the affidavit shall be accompanied by:</text> <level label="i"> <text>A statement that it is the intent of the owner to surrender the certificate of title; and</text> </level> <level label="ii"> <text>A statement that:</text> <level label="1"> <text>There is no lien on the manufactured home; or</text> </level> <level label="2"> <text>Any lien on the manufactured home has been satisfied and the appropriate releases are attached and made a part of the affidavit of affixation.</text> </level> </level> </level> <level label="2"> <text>If an affidavit of affixation is accompanied by a manufacturer’s certificate of origin, the affidavit shall be accompanied by:</text> <level label="i"> <text>A statement that a certificate of title has not been issued for the manufactured home;</text> </level> <level label="ii"> <text>A statement that it is the intent of the owner to surrender the manufacturer’s certificate of origin; and</text> </level> <level label="iii"> <text>A statement that:</text> <level label="1"> <text>There is no lien on the manufactured home; or</text> </level> <level label="2"> <text>Any lien on the manufactured home has been satisfied and the appropriate releases are attached and made a part of the affidavit of affixation.</text> </level> </level> </level> <level label="3"> <text>If an affidavit of affixation is accompanied by a statement from an attorney or title insurance producer, the affidavit also shall be accompanied by:</text> <level label="i"> <text>A statement that the owner is unable to locate a certificate of title or a manufacturer’s certificate of origin for the manufactured home; and</text> </level> <level label="ii"> <text>A statement that identifies all liens on the manufactured home, including for each lien:</text> <level label="1"> <text>The name of the lien holder;</text> </level> <level label="2"> <text>The nature of the lien;</text> </level> <level label="3"> <text>The date the lien was created; and</text> </level> <level label="4"> <text>The amount of the lien.</text> </level> </level> </level> </level> <level label="d"> <text>An affidavit of affixation shall be signed under penalty of perjury and acknowledged.</text> </level> <level label="e"> <text>The clerk of the circuit court of the county in which the parcel of real property to which a manufactured home is or will be affixed is located:</text> <level label="1"> <text>Shall accept an affidavit of affixation and any attachments for recordation and indexing; and</text> </level> <level label="2"> <text>May charge a reasonable fee for the recordation.</text> </level> </level> <level label="f"> <text>The recordation of an affidavit of affixation does not represent a sale or transfer of real property for the purpose of the collection of any tax or fee charged by the State or any county or municipality.</text> </level> <level label="g"> <level label="1"> <text>Immediately after filing an affidavit of affixation with the clerk of the circuit court, the owner of the property to which a manufactured home has been affixed shall send a certified copy of the affidavit and any attachments to the Motor Vehicle Administration.</text> </level> <level label="2"> <text>On receipt of a certified copy of an affidavit of affixation and any attachments under paragraph (1) of this subsection, the Motor Vehicle Administration shall record the affidavit and attachments in the Administration’s records.</text> </level> </level> </section> <section article="grp" article_name="Real Property" number="8B-203" title_number="8B" title_name="Manufactured Homes" subtitle_number="2" subtitle_name="Conversion to Real Property"> <text>The Motor Vehicle Administration shall make available records for manufactured homes to attorneys, title insurance producers, and other individuals authorized to conduct a title search. </text> </section> <section article="grp" article_name="Real Property" number="8B-301" title_number="8B" title_name="Manufactured Homes" subtitle_number="3" subtitle_name="Severance From Real Property"> <text>If a manufactured home for which an affidavit of affixation has been recorded is to be severed from real property, the owner shall record and file an affidavit of severance as provided under § 8B–302 of this subtitle. </text> </section> <section article="grp" article_name="Real Property" number="8B-302" title_number="8B" title_name="Manufactured Homes" subtitle_number="3" subtitle_name="Severance From Real Property"> <level label="a"> <text>An affidavit of severance shall contain or be accompanied by:</text> <level label="1"> <text>A statement identifying the owner of the real property from which the manufactured home is to be severed, including the name, residence, and mailing address of the owner;</text> </level> <level label="2"> <text>A description of the manufactured home, including the name of the manufacturer, the make, model name, model year, dimensions, manufacturer’s serial number, and a statement whether the manufactured home is new or used;</text> </level> <level label="3"> <text>The liber and folio number for and the recordation date of the affidavit of affixation for the manufactured home; and</text> </level> <level label="4"> <text>A statement by an attorney admitted to practice law in the State, or a title insurance producer licensed by the State, that states that the manufactured home and the real property from which the manufactured home is to be severed are free and clear of any lien, security interest, or encumbrance.</text> </level> </level> <level label="b"> <text>An affidavit of severance shall be acknowledged in writing and notarized.</text> </level> <level label="c"> <text>The clerk of the circuit court of the county in which the real property from which a manufactured home is to be severed is located:</text> <level label="1"> <text>Shall accept an affidavit of severance and any attachments for recordation and indexing; and</text> </level> <level label="2"> <text>May charge a reasonable fee for the recordation.</text> </level> </level> <level label="d"> <text>In accordance with regulations adopted by the Motor Vehicle Administration, the Administration shall:</text> <level label="1"> <text>Accept a certified copy of a recorded affidavit of severance for filing; and</text> </level> <level label="2"> <text>Issue a certificate of title for the severed manufactured home.</text> </level> </level> </section>