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-------------------------------------------------------------------- ¦ REFERENCE TITLE: manufactured housing; assessment ¦ -------------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ -------------------------------------------------------------------- ¦ HB 2263 ¦ -------------------------------------------------------------------- ¦ Introduced by ¦ ¦ Representatives Somers, Poelstra: Blendu, Knaperek, Kraft, Robson ¦ --------------------------------------------------------------------
AN ACT
AMENDING SECTION 42-15203, ARIZONA REVISED STATUTES; RELATING TO MOBILE HOME ASSESSMENT.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-15203, Arizona Revised Statutes, is amended to read:
42-15203. Affidavit of affixture
A. A person who owns a mobile home that is permanently affixed to real property THAT IS OWNED BY THE OWNER OF THE MOBILE HOME may file an affidavit of affixture with the county recorder of the county in which the real property is located. FOR THE PURPOSES OF THIS SUBSECTION, "REAL PROPERTY THAT IS OWNED BY THE OWNER OF THE MOBILE HOME" INCLUDES THE LAND FOR WHICH THE OWNER HAS EITHER A RECORDED CONTRACT OR A LEASE FOR A TERM OF AT LEAST FIVE YEARS IF THE OWNER HAS FILED A MEMORANDUM OF LEASE WITH THE COUNTY RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED. THE MEMORANDUM OF LEASE SHALL CONTAIN A LEGAL DESCRIPTION OF THE SPECIFIC PARCEL THAT IS SUBJECT TO THE LEASE.
B. An affidavit of affixture shall contain all of the following:
1. The vehicle identification numbers of the mobile home.
2. The legal description of the real property to which the mobile home has been affixed.
3. A statement that the mobile home has not previously been assessed and taxed in this state as personal property or the name and address of the person to whom the last tax statement for the mobile home was sent and the location of the mobile home when it was last taxed.
4. The name of the holder of any security interests in the mobile home that are not terminated by consent of the secured party contained on the affidavit of affixture pursuant to subsection C of this section and the original principal amount secured by the security interest.
5. As an attachment, the department of transportation's receipt issued pursuant to section 28-2063, subsection A, paragraph 3.
C. The recording of an affidavit of affixture does not impair the rights of any holder of a perfected security interest in the mobile home unless the affidavit of affixture contains the acknowledged consent of the secured party to the termination of the security interest. If a secured party so consents, that security interest terminates when the affidavit of affixture is recorded.
D. If an affidavit of affixture is submitted for recording on a mobile home entering this state for sale or installation, a certificate of compliance or waiver issued by the office of manufactured housing is required and shall be submitted with the affidavit of affixture.