Section 34.85.010. Real property characterization.

A manufactured home becomes real property if
        (1) the home is permanently affixed to land under AS 34.85.150;
        (2) an affixation affidavit has been recorded under AS 40.17.125;
        (3) the ownership interests in the manufactured home and in the real property to which the manufactured home is permanently affixed are identical, except as provided by AS 34.85.040; and
        (4) the manufactured home is
             (A) covered by a manufacturer's certificate of origin that the owner of the manufactured home is able to produce, and the department has cancelled the manufacturer's certificate of origin under AS 28.10.262;
             (B) covered by a certificate of title that the owner of the manufactured home is able to produce, and the department has cancelled the certificate of title under AS 28.10.263; or
             (C) not covered by a manufacturer's certificate of origin or a certificate of title, or if the manufactured home is covered by a manufacturer's certificate of origin or a certificate of title but the owner of the manufactured home, after diligent search and inquiry, was unable to produce the manufacturer's certificate of origin or certificate of title, and the department has provided a written confirmation under AS 28.10.264.

Authorities

6.05.207; 6.15.250; 6.60.990; 9.45.990;28.10.266;28.10.391;34.70.200;34.80.090;34.85.020;34.85.040;34.85.100

Notes

References

AS 6.05.207 .207">Sec. 06.05.207. Real estate loans.
AS 6.15.250 .250">Sec. 06.15.250. Investment in first mortgages.
AS 6.60.990 .990">Sec. 06.60.990. Definitions.
AS 9.45.990 .990">Sec. 09.45.990. Definitions.
AS 28.10.266 Application provisions.
AS 28.10.391 Filing and date of notice.
AS 34.70.200 Definitions.
AS 34.80.090 Definitions.
AS 34.85.020 Effect of real property characterization.
AS 34.85.040 Ownership interest exception.
AS 34.85.100 Use of affidavit.

History

(Sec. 27 ch 64 SLA 2012)