Yes, there is a procedure for voluntarily converting a manufactured home from personal to real property in the Illinois Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. The manufactured home must be permanently fixed to land and cannot be located in a mobile home park. A statutory “affidavit of affixation” must be recorded with the county recorder, and a certified copy of the recorded affidavit of affixation must be filed with the Secretary of State, together with either the manufactured home’s certificate of title or its original Manufacturer’s Statement of Origin.
For resources related to our guidance, please see:
- Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, 765 ILCS 150/5-1 et seq.
- Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, 765 ILCS 170/5-30 (“A manufactured home shall be deemed to be real property when all of the following events have occurred: (1) the manufactured home is affixed to a permanent foundation as provided in Section 55 of this Act; (2) an affidavit of affixation conforming to the requirements of Section 5-15 of this Act has been recorded; (3) a certified copy of the recorded affidavit of affixation has been delivered for filing to the Secretary of State as provided in Section 5-25 of this Act; and (4) the requirements of Section 3-116.1 or 3-116.2 of the Illinois Vehicle Code, as applicable, have been satisfied.”)
- Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, 765 ILCS 170/5-15(c) (Form for the Manufactured Home Affidavit of Affixation.)
- Illinois Vehicle Code, 625 ILCS 5/3-116.1 (Surrender of Manufacturer’s Statement of Origin to a manufactured home.)
- Illinois Vehicle Code, 625 ILCS 5/3-116.2 (Application for surrender of title.)