# N.D. Cent. Code § 47-10-27: 47-10-27. Manufactured homes - Affixation to real property - Conveyance or encumbrance as real property

> North Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T47_C47-10_S47-10-27

## Section

- **Citation:** N.D. Cent. Code § 47-10-27
- **Heading:** 47-10-27. Manufactured homes - Affixation to real property - Conveyance or encumbrance as real property
- **Jurisdiction:** North Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ND Code / Title 47 / Chapter 47-10 / Section 47-10-27

## Text

47-10-27. Manufactured homes - Affixation to real property - Conveyance or

encumbrance as real property.

1. For purposes of this section, "manufactured home" means a manufactured home as

defined in section 41-09-02. Notwithstanding this definition, for purposes of 11 U.S.C.

1322(b)(2), a manufactured home is deemed real property. For purposes of this

section, a manufactured home is permanently affixed if the manufactured home is

affixed to real property and connected to residential utilities, such as water, gas,

electricity, or sewer or septic service.

2. To convey or voluntarily encumber a manufactured home as real property, the

following conditions must be met:

a. The manufactured home must be permanently affixed to real property;

b. The ownership interests in the manufactured home and the real property to which

the manufactured home is or will be permanently affixed must be identical,

provided, however, that the owner of the manufactured home, if not the owner of

the real property, is in possession of the real property under the terms of a lease

in recordable form that has a term that continues for at least twenty years after

the date of execution and the consent of the lessor of the real property;

c. The person having an ownership interest in the manufactured home shall execute

and record with the recorder of the county in which the real property is located an

affidavit of affixation as provided in subsection 3 and satisfies the other applicable

requirements of this section; and

d. Upon receipt of a recorded copy of the affidavit of affixation under subsection 5, a

person designated in the affidavit for filing with the department of transportation

shall file the recorded copy of the affidavit of affixation with the department of

transportation, except that:

(1) In a circumstance described in item 1 of subparagraph a of paragraph 4 of

subdivision a of subsection 3, the recorded copy of the affidavit of affixation

and the original manufacturer's certificate of origin, each as recorded in the

county in which the real property is located, must be filed with the

department of transportation under subsection 1 of section 39-05-35;

(2) In a circumstance described in item 1 of subparagraph b of paragraph 4 of

subdivision a of subsection 3, the recorded copy of the affidavit of affixation,

as recorded in the county in which the real property is located, and the

original certificate of title must be filed with the department of transportation

under subsection 2 of section 39-05-35; and

(3) In a circumstance described in item 2 of subparagraph a of paragraph 4 of

subdivision a of subsection 3, item 2 of subparagraph b of paragraph 4 of

subdivision a of subsection 3, or paragraph 6 of subdivision a of

subsection 3, the recorded copy of the affidavit of affixation, as recorded in

the county in which the real property is located, and an application for

confirmation of conversion must be filed with the department of

transportation under subsection 3 of section 39-05-35.

3. a. An affidavit of affixation must contain or be accompanied by:

(1) The name of the manufacturer, the make, the model name, the model year,

the dimensions, the manufacturer's serial number of the manufactured

home, and whether the manufactured home is new or used;

(2) (a) A statement that the party executing the affidavit is the owner of the

real property described in the affidavit; or
.

3. a. An affidavit of affixation must contain or be accompanied by:

(1) The name of the manufacturer, the make, the model name, the model year,

the dimensions, the manufacturer's serial number of the manufactured

home, and whether the manufactured home is new or used;

(2) (a) A statement that the party executing the affidavit is the owner of the

real property described in the affidavit; or

(b) If not the owner of the real property:

[1] A statement that the party executing the affidavit is in possession

of the real property under the terms of a lease in recordable form

that has a term that continues for at least twenty years after the

date of execution of the affidavit; and

[2] The consent of the lessor of the real property endorsed upon or

attached to the affidavit and acknowledged or proved in the

manner as to entitle a conveyance to be recorded;

(3) The street address and the legal description of the real property to which the

manufactured home is or will be permanently affixed;

(4) (a) If the manufactured home is not covered by a certificate of title, a

statement by the owner to that effect, and either:

[1] A statement by the owner of the manufactured home that the

manufactured home is covered by a manufacturer's certificate of

origin, the date the manufacturer's certificate of origin was

issued, the manufacturer's serial number, and a statement that

annexed to the affidavit of affixation is the original manufacturer's

certificate of origin for the manufactured home, duly endorsed to

the owner of the manufactured home, and that the owner of the

manufactured home will surrender the manufacturer's certificate

of origin to the department of transportation; or

[2] A statement that the owner of the manufactured home, after

diligent search and inquiry, is unable to produce the original

manufacturer's certificate of origin for the manufactured home

and that the owner of the manufactured home will apply to the

department of transportation for a confirmation of conversion of

the manufactured home; or

(b) If the manufactured home is covered by a certificate of title, either:

[1] A statement by the owner of the manufactured home that the

manufactured home is covered by a certificate of title, the date

the title was issued, the title number, and that the owner of the

manufactured home will surrender the title; or

[2] A statement that the owner of the manufactured home, after

diligent search and inquiry, is unable to produce the certificate of

title for the manufactured home and that the owner of the

manufactured home will apply to the department of transportation

for a confirmation of conversion of the manufactured home;

(5) A statement whether the manufactured home is subject to one or more

security interests or liens and:

(a) If the manufactured home is subject to one or more security interests

or liens, the name and address of each party holding a security

interest in or lien on the manufactured home, including each holder

shown on any certificate of title issued by the department of

transportation, the original principal amount secured by each security

interest or lien, and a statement that the security interest or lien will be

released; or
bject to one or more security interests

or liens, the name and address of each party holding a security

interest in or lien on the manufactured home, including each holder

shown on any certificate of title issued by the department of

transportation, the original principal amount secured by each security

interest or lien, and a statement that the security interest or lien will be

released; or

(b) A statement that each security interest in or lien on the manufactured

home, if any, has been released, together with due proof of each

release;

(6) If the manufactured home is not covered by a manufacturer's certificate of

origin or a certificate of title, a statement by the owner of the manufactured

home to that effect and that the owner of the manufactured home will apply

to the department of transportation for a confirmation of conversion of the

manufactured home;

(7) A statement that the manufactured home is or will be permanently affixed to

the real property;

(8) If the party executing the affidavit acquired the manufactured home before

the affixation of the manufactured home to the real property, that party shall

complete the statement required by subsection 2 of section 11-18-02.2; and

(9) The name and address of a person designated for filing the recorded copy

of the affidavit of affixation with the department of transportation to whom

the recorder shall return the recorded copy of the affidavit of affixation after

the affidavit has been duly recorded in the real property records as provided

in subsection 5.

b. An affidavit of affixation must be duly acknowledged or proved in like manner as

to entitle a conveyance to be recorded, and when so acknowledged or proved

and upon payment of the lawful recording fees, the recorder shall immediately

cause the affidavit of affixation and any attachments to the affidavit to be duly

recorded and indexed under chapter 47-19.

c. The affidavit of affixation must be accompanied by an applicable fee for recording

and issuing a recorded copy of the affidavit.

4. The act of permanently affixing a manufactured home to real property or the recording

of the affidavit of affixation does not impair the rights of a holder of a security interest in

or lien on a manufactured home perfected as provided in section 35-01-05.1, unless

and until the due filing with and acceptance by the department of transportation of an

application to surrender the title as provided in subsection 1 of section 39-05-35 and

the release of the security interest or lien as provided in section 39-05-16.1. Upon the

filing of a release, the security interest or lien perfected under section 35-01-05.1 is

terminated.

5. The affidavit of affixation must be presented for recording pursuant to chapter 47-19,

together with the fees provided by law. Upon receipt from the recorder of a copy of the

recorded affidavit of affixation by the person presenting the affidavit for recording, that

person shall deliver for filing to the department of transportation the copy of the

affidavit of affixation and the other documents as provided in subdivision d of

subsection 2.

6. A manufactured home is deemed to be real property when all of the following events

have occurred:

a. The home is permanently affixed to land as provided in subsection 1;

b. An affidavit of affixation conforming to the requirements of subsection 3 has been

recorded in the conveyance records in the office of the recorder in the county

where the manufactured home is permanently affixed;

c. A copy of the recorded affidavit of affixation has been delivered for filing to the

department of transportation as provided in subsection 5; and

d. The requirements of subsections 1 through 3 of section 39-05-35, as applicable,

have been satisfied.

7. Upon the satisfaction of the requirements of subsection 6, the manufactured home is

deemed to be real property; any mortgage, deed of trust, lien, or security interest that
it of affixation has been delivered for filing to the

department of transportation as provided in subsection 5; and

d. The requirements of subsections 1 through 3 of section 39-05-35, as applicable,

have been satisfied.

7. Upon the satisfaction of the requirements of subsection 6, the manufactured home is

deemed to be real property; any mortgage, deed of trust, lien, or security interest that

can attach to land, buildings erected on the land, or fixtures affixed to the land attach

as of the date of its recording in the same manner as if the manufactured home were

built from ordinary building materials onsite. Title to the manufactured home must be

transferred by deed or other form of conveyance that is effective to transfer an interest

in real property, together with the land to which the structure has been affixed. The

manufactured home is deemed to be real property and is governed by the laws

applicable to real property and the department of transportation has no further

authority or jurisdiction over the conveyance or encumbrance of the manufactured

home.

8. Except as provided in subsections 2, 3, 5, 6, and 7, an affidavit of affixation is not

necessary or effective to convey or encumber a manufactured home or to change the

character of the manufactured home to real property. An agreement by a party to the

transaction by which the requirements of this subsection are waived is void as contrary

to public policy.

9. Nothing in this section impairs any rights existing under law before July 1, 2009, of

anyone claiming an interest in a manufactured home.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ND_T47_C47-10_S47-10-27. Check the current official text before relying on it. Not legal advice.