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42-15203. Affidavit of affixture

A. A person who owns a mobile home that is permanently affixed to real property may file an affidavit of affixture with the county recorder of the county in which the real property is located.

B. An affidavit of affixture 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 person 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 consent of the secured party contained on the affidavit of affixture pursuant to subsection C of this section and the original principal amount secured by the security interest.

5. As an attachment, the department of transportation's receipt issued pursuant to section 28-2063, subsection A, paragraph 3.

C. 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.

D. If an affidavit of affixture is submitted for recording on a mobile home entering this state for sale or installation, a certificate of compliance or waiver issued by the office of manufactured housing is required and shall be submitted with the affidavit of affixture.

E. If a release of a security interest that, according to its terms, recites that it secures an obligation having a stated indebtedness not greater than five hundred thousand dollars exclusive of interest has not been executed and recorded within sixty days of full satisfaction of the obligation secured by the security interest, a title insurer as defined in section 20-1562 may prepare, execute and record a full release of the security interest. At least thirty days before issuing and recording a release pursuant to this subsection, the title insurer shall mail by certified mail with postage prepaid, return receipt requested, to the holder of the security interest contained in the affidavit of affixture at the last known address shown of record and to any persons who according to the records of the title insurer received payment of the obligation at the address shown in the records, a notice of its intention to release the security interest accompanied by a copy of the release to be recorded. The release shall set forth:

1. The name of the holder of the security interest or any successors in interest of record of the security interest and, if known, the name of any servicing agent.

2. The name of the owner of the property shown on the affidavit of affixture.

3. The name of the current record owner of the property.

4. The recording reference to the affidavit of affixture.

5. The date and amount of payment, if known.

6. A statement that the title insurer has actual knowledge that the obligation secured by the security interest has been paid in full.

F. The release of security interest may be executed by a duly appointed attorney-in-fact of the title insurer, but such delegation does not relieve the title insurer from any liability pursuant to this section.

G. A release issued pursuant to subsection E of this section is entitled to recordation and, when recorded, constitutes a full release of security interest.

H. In addition to any other remedy provided by law, a title insurer preparing or recording the release of security interest pursuant to subsection E of this section is liable to any party for actual damage, including attorney fees, that any person may sustain by reason of the issuance and recording of the release of security interest.

I. The title insurer shall not record a release of security interest if, before the expiration of the thirty day period specified in subsection E of this section, the title insurer receives a notice from the holder or servicing agent that states that the security interest continues to secure an obligation.

J. The title insurer may charge a reasonable fee for services to the owner of the land or other person requesting a release of security interest, including search of title, document preparation and mailing services rendered, and in addition may collect official fees.

K. A mobile home identified in an affidavit of affixture recorded pursuant to section 33-1501 shall be assessed as personal property.