                                 CODE OF VIRGINIA

CONVERSION OF MANUFACTURED HOME TO REAL PROPERTY (§ 46.2-653.1)

A. After a manufactured home has been titled in the Commonwealth and at such
time as the wheels and other equipment previously used for mobility have been
removed and the unit has been attached to real property owned by the
manufactured home owner, the owner may convert the home to real property in
accordance with the provisions of subsection B. Except as provided in
&#xA7;&#xA7; 58.1-3219.5 and 58.1-3219.9, and for the purposes stated in
&#xA7;&#xA7; 58.1-3219.5 and 58.1-3219.9, the provisions of this section
constitute the only manner by which a manufactured home owner may convert a
manufactured home to real property.

B. A manufactured home owner who wishes to convert the home to real property
shall submit a sworn affidavit to the Department that the wheels and other
equipment previously used for mobility have been removed from the manufactured
home and the unit has been attached to real property owned by the manufactured
home owner. If such manufactured home owner is not listed on the title as the
owner of such manufactured home, such owner shall also submit to the Department
(i) any deed, court order or decree, or other legal document or record
establishing that the manufactured home was transferred by the owner listed on
the title in the records of the Department to the current manufactured home
owner or, if not a direct transfer, records to establish a chain of successive
ownership of the manufactured home; (ii) documentation establishing that an
existing lien on the vehicle record has been released by the secured party or,
if no release is available, that the loan issued by the secured party has been
satisfied; and (iii) if available, the original title, duplicate title, or
certificate of origin for such manufactured home.
			The affidavit must be in a form approved by the Commissioner. Upon compliance
by the owner with the procedure for surrender of title, the Department shall
rescind and cancel the Virginia title. The Department shall not cancel the title
if a security interest has been recorded on the title and not released by the
secured party, except that, in the absence of a lien release, documentation
establishing that the loan issued by the secured party has been satisfied shall
be acceptable as proof of such release. After canceling the title, the
Department shall provide written confirmation to the owner that the title has
been surrendered and has been canceled by the Department.
			Upon receipt of confirmation that the title has been surrendered and has been
canceled by the Department, the owner shall file a sworn affidavit of affixation
with the circuit court of the locality where the real property is located. The
affidavit shall include all of the following information:

   1. The manufacturer and, if applicable, the model name of the manufactured
   home.

   2. The vehicle identification number and serial number of the manufactured
   home.

   3. The legal description of the real property on which the manufactured home
   is placed, including the property address, stating that the owner of the
   manufactured home also owns the real property.

   4. Certification that there are no security interests in the manufactured home
   that have not been released by the secured party.

   5. The homeowner&#8217;s statement that the title has been surrendered and has
   been canceled by the Department and that the home is intended to be a
   permanent fixture and improvement to the land, to the same extent as any
   site-built home, and assessed and taxed with the land as real property.
   				In addition, a copy of the confirmation provided by the Department that
   the title has been surrendered and canceled by the Department shall be
   attached to and filed with the affidavit.
   				Upon filing the affidavit of affixation, the manufactured home shall then
   be deemed to be real estate and shall thereafter be conveyed and encumbered
   only as real estate is conveyed and encumbered, except when the home is
   thereafter physically severed from the real property and a new title issued in
   accordance with subsection C.
   				A security interest in a manufactured home is perfected against the rights
   of judicial lien creditors, execution creditors, and purchasers for value on
   and after the date such security interest attaches. The Commissioner shall
   have prepared a list of all titles canceled pursuant to this section and
   furnish it, in conjunction with the reports submitted pursuant to &#xA7;
   46.2-210, to the commissioner of the revenue of each county and city without
   cost.

C. If the owner of a manufactured home whose certificate of title has been
canceled under this section subsequently seeks to sever the manufactured home
from the real property, the owner may apply for a new certificate of title in
accordance with the provisions of this section.

   1. The owner shall file with the circuit court where the real property is
   located an affidavit that includes or provides for all of the following
   information:
   				a. The manufacturer and, if applicable, the model name of the manufactured
   home.
   				b. The vehicle identification number and serial number of the manufactured
   home.
   				c. The legal description of the real property on which the manufactured
   home is or was placed, stating that the owner of the manufactured home also
   owns the real property.
   				d. Certification that there are no security interests in the manufactured
   home that have not been released by the secured party.
   				e. The homeowner&#8217;s statement that the home has been or will be
   physically severed from the real property.

   2. The owner must submit the following to the Department:
   				a. A copy of the affidavit filed in accordance with subdivision C 1.
   				b. Verification that the manufactured home has been severed from the real
   property. Confirmation of severance by the commissioner of the revenue where
   the real property is located shall constitute acceptable evidence that the
   unit has been severed from the real property.
   				Upon receipt of the information required in subdivision C 2, together with
   a title application and required fee, the Department is authorized to issue a
   new title for the manufactured home. The initial title issued under the
   provisions of this subsection shall contain no security interests, provided
   however, that nothing contained herein shall be construed to prevent a
   subsequent security interest from being recorded on the title.

HISTORY: 2014, c. 624; 2016, cc. 349, 393; 2024, c. 567.