Manufactured Homes – Affixation to Real Property – Liens: Summary of Bill Passed by the 2013 Maryland General Assembly

J. Paul Reiger, Jr. of First American Title Insurance Company and John P. Machen of the Baltimore City Law Department contributed the following summary of HB 794 passed during the 2013 session of the Maryland General Assembly:

This bill clarifies the lien information that must accompany an affidavit of affixation when an owner of a manufactured home intends to convert a manufactured home to real property and is unable to locate an original certificate of title or a manufacturer’s certificate. If the owner is unable to locate an original certificate of title or a manufacturer’s certificate of origin, the affidavit of affixation must 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 (1) identifies the party preparing the report; (2) states that a search has been conducted of the appropriate county’s land record and the records of the MVA; and (3) identifies all liens on the manufactured home, including for each lien: 1. the name of the lien holder; 2. the nature of the lien; 3. the date the lien was created; and 4. the amount of the lien.

Prior law required a statement that no lien, encumbrance, or other security interest had been found for the manufactured home, which seldom occurred where the home had already been affixed to the land under the common law of fixtures and was subject to traditional mortgage liens.

The bill also defines the term “lien” and clarifies and makes consistent the references to lien information that must be included in an affidavit of affixation under various circumstances.

This bill is effective June 1, 2013. Real Property Article 8B-101, 8B-102(a), and 8B-202(b) and (c)

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