MI: Affixture Affidavits for Mobile Homes
by William D. Meagher and Rana Razzaque
An affidavit of
affixture is a statutory mechanism available in the state of
Recently, things have changed. Submissions for affidavits of affixture that were previously approved by the DLEG are now being rejected. There has always been the understanding that the submission and processing of the affidavits of affixture may be subject to change. The DLEG’s prior procedures were relatively lenient, and the state is now tightening its standards. Reasons for the rejections vary; some concerns seem legitimate under the statute while others are questionable. What is certain is that avenues once commonly available to the lender are no longer so common, and there are some situations where litigation will be required to obtain the affidavit of affixture.
in legislation have attempted to clarify and correct the problems
surrounding the titling and perfection of a security interest in a
mobile home, along with the affidavit of affixture process, the
legislation has not addressed all possible issues that may arise. Now
that the DLEG is adjusting its processing standards, Trott & Trott
is working with the state to correct the problems with a view towards
avoiding litigation to obtain affixture affidavits. The issues and
potential resolutions are being discussed with both the DLEG and the
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