State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-20_6

§ 47‑20.6.  Affidavitfor permanent attachment of titled manufactured home to real property.

(a)        If the owner ofreal property or the owner of the manufactured home who has entered into alease with a primary term of at least 20 years for the real property on whichthe manufactured home is affixed has surrendered the title to a manufacturedhome that is placed on the real property and the title has been cancelled bythe Division of Motor Vehicles under G.S. 20‑109.2, the owner, or thesecured party having the first security interest in the manufactured home attime of surrender, shall record the affidavit described in G.S. 20‑109.2with the office of the register of deeds of the county where the real propertyis located. Upon recordation, the affidavit shall be indexed on the grantorindex in the name of the owner of the manufactured home and on the granteeindex in the name of the secured party or lienholder, if any.

(b)        After the affidavitis recorded, the manufactured home becomes an improvement to real property. Anylien on the manufactured home shall be perfected and given priority in themanner provided for a lien on real property.

(c)        Followingrecordation of the affidavit, all existing liens on the real property areconsidered to include the manufactured home. Thereafter, no conveyance of anyinterest, lien, or encumbrance shall attach to the manufactured home, unlessthe interest, lien, or encumbrance is applicable to the real property on whichthe home is located and is recorded in the office of the register of deeds ofthe county where the real property is located in accordance with the applicablesections of this Chapter.

(d)        The provisions ofthis section control over the provisions of G.S. 25‑9‑334 relatingto the priority of a security interest in fixtures, as applied to manufacturedhomes. (2001‑506,s. 3; 2003‑400, s. 2.)