PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2263
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 42, chapter 15, article 5, Arizona Revised Statutes, is amended by adding section 42-15206, to read:
42-15206. Affidavit of affixture for mobile home on leased property
A. NOTWITHSTANDING
any other statute, a person who owns a mobile home that is located on real
property that is not owned by that person may file an affidavit of affixture
with the county recorder of the county in which the real PROPERTY is located if
all of the following conditions are met:
1. The
mobile home has been installed on the real property with all wheels and axles
removed in compliance with applicable state and local mobile home installation
standards.
2. The owner
of the mobile home has entered into a lease for the REAL PROPERTY on which the
mobile home is located for a primary term of at least fifteen years and the
lease SPECIFICALLY permits the RECORDING of an AFFIDAVIT of affixture.
3. Before
filing the affidavit of affixture, a MEMORANDUM of lease is recorded that
includes all of the following:
(a) The names and addresses of the
LANDLORD and the tenant.
(b) the duration of the PRIMARY term
of the lease.
(c) The terms and CONDITIONS of any
lease renewal provisions.
(d) The make, year, size and vehicle
identification numbers of the mobile home.
(e) The LEGAL DESCRIPTION of the
real PROPERTY on which the mobile home is located.
(f) The acknowledged signatures of
both the landlord and the tenant. A
memorandum of lease is not valid unless the signatures of both the landlord and
the TENANT are included on the memorandum and are acknowledged.
B. For a
mobile home park as defined in section 33-1409, a legal DESCRIPTION of the real
property is sufficient as follows:
1. For a
mobile home park that has a plat recorded with the county RECORDER that
identifies the individual lots, the description shall refer to the lot, the
name of the community as shown on the plat and the recording information for
the plat of RECORD.
2. For a
mobile home park that does not have a plat recorded with the county RECORDER
that IDENTIFIES INDIVIDUAL lots, the description shall comply with any of the
following:
(a) A metes and BOUNDS description
of the real property that is subject to the lease. This description shall also serve as the legal DESCRIPTION of the
mobile home lot in the lease.
(b) A REFERENCE to a lot number that
is contained in an unrecorded plat of the mobile home park if a legible copy of
the plat is attached to both the memorandum of lease and the affidavit of
affixture and each copy of the unrecorded plat sets forth the exact DIMENSIONS
of the mobile home lot. The location of
the lot shall be shown on the plat so that the lot can be located with
CERTAINTY.
(c) A reference to a lot number that
is contained in a DEVELOPMENT plan that HAS been reviewed and approved by the
county or municipal planning department that has JURISDICTION over the land
depicted in the DEVELOPMENT plan. The
description is sufficient if it contains the name and date of the DEVELOPMENT
plan, the lot number of the designated lot and the actual or APPROXIMATE date
of approval of the DEVELOPMENT plan by the PLANNING department. A LEGIBLE copy of the DEVELOPMENT plan lot
shall be attached to both the memorandum of lease and the affidavit of
affixture and each copy of the DEVELOPMENT plan lot shall set forth the exact
dimensions of the mobile home lot and shall show its exact location.
C. An
affidavit of affixture that is filed pursuant to this section 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 PERSONS 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 the consent of the secured party that is contained in the
AFFIDAVIT of affixture pursuant to subsection D of this section and the
ORIGINAL principal AMOUNT that is secured by the security interest.
5. As an
attachment, the department of transportation's receipt that is issued PURSUANT
to section 28-2063, subsection A, paragraph 3.
D. 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.
E. If an
AFFIDAVIT of affixture is submitted for recording on a mobile home that enters
this state for sale or installation, a CERTIFICATE of compliance or waiver that
is issued by the office of manufactured housing is required and shall be
submitted with the AFFIDAVIT of affixture.
F. The
landlord under the lease who is also the owner of the real PROPERTY on which
the mobile home is located may RECORD a notice and AFFIDAVIT that terminates an
AFFIDAVIT of affixture of a mobile home on the LANDLORD'S real PROPERTY if The
lease has been terminated before its EXPIRATION. In that event, the LANDLORD SHALL ATTACH to the notice and
AFFIDAVIT one of the following:
1. An
agreement executed by both the LANDLORD and the tenant in which both parties
agree to the termination of the lease.
2. A copy of
a judgment for forcible detainer that is entered by a court of competent
JURISDICTION, that upholds the termination of the lease and that awards
possession of the real property to the landlord.
3. An
affidavit of the LANDLORD STATING that the mobile home has been removed from
the REAL property.
G. At any
time after the landlord records a notice and affidavit terminating an affidavit
of affixture pursuant to subsection f of this section, The department of
transportation shall retitle the mobile home to the owner of the mobile home on
presentation of a copy of the notice and AFFIDAVIT THAT terminates the AFFIDAVIT
of affixture, together with a DOCUMENT that contains a tax clearance from the
county TREASURER'S office, and on satisfaction of other requirements that the
department of transportation imposes.
H. On
RECORDING an affidavit of affixture pursuant to this section and until its
termination, the mobile home and the real PROPERTY to which it IS affixed shall
be assessed as real property. The owner
of the MOBILE home shall be treated as the owner OF the real property to which
the mobile home has been affixed as long as the affidavit of affixture REMAINS
effective.
I. if there is a change in the identity of the TENANT During the term of any lease for which an AFFIDAVIT of affixture has been recorded pursuant to this section, the landlord and the successor tenant shall EXECUTE an AMENDED MEMORANDUM of lease that identifies the successor tenant and that REFERs to the AFFIDAVIT of affixture by date and recording information. On the recording of the amended memorandum of lease, the successor tenant succeeds to the rights and obligations of the owner under the AFFIDAVIT of affixture."