433a California

[Jo Ann Meyer Stratton]

Somebody sent me a copy of a 433C the other day. That doesn't look like I had pictured a 433A--could you post a link to a copy of a 433A? The 433C doesn't look that much different than Arizona's Affidavit of Affixture--which is strictly a paper trail for taxation purposes only in Arizona. So I am very curious to see how a 433A differs?

 

[CANative]

A recorded 433A. Copy was kind of poor, I just picked the first one I found.

May 20, 1986

Information Bulletin MH 86-11

TO: LOCAL BUILDING DEPARTMENTS, DIVISION STAFF and ALL DEALERS

SUBJECT: PROCEDURES, FORMS, DOCUMENTS AND REQUIREMENTS FOR MANUFACTURED HOMES, MOBILEHOMES AND COMMERCIAL COACHES INSTALLED ON FOUNDATION SYSTEMS

This Information Bulletin supersedes Information Bulletin MH 79-21 dated December 31, 1979. Section 18551 of the Health and Safety Code (H & SC) (see attached Appendix A) was added by Assembly Bill 887, Chapter 1160, 1979 Statutes effective January 1, 1980, and subsequently amended several times. This section provides for placement of manufactured homes, mobilehome, and commercial coaches on foundation systems and requires specific fees, forms, documents and items to be used, transmitted and recorded in conjunction with the approved installation.

Units installed on foundation systems pursuant to Section 18551 H & SC are not subject to registration by the Department of Housing and Community Development (HCD). At the point of installation, the unit becomes a fixture improvement to the real property to which it is attached and subject to local property taxation. As a result, no title will be issued by HCD if the installation is in conjunction with an original purchase of a new unit. Any outstanding titles on used units must be surrendered before the installation process is completed.

The appropriate forms are the new HCD form 433A and 433B (to be used immediately in lieu of HCD form 413) and a user guide providing procedures to be followed prior to completion of the installation of manufactured homes, mobilehomes, and commercial coaches on foundation systems. A supply of the new form 433A printed in sets of four on NCR paper can be ordered from any HCD office.

John Ellis, Assistant Chief

 

[Jo Ann Meyer Stratton]

Thank you Greg, I can see the difference between the two forms. The 433C is strictly a paper trail for taxation purposes. The 433A has statements regarding the approval by the local government of the installation. So there is a big difference between the two documents. And the 433A would be the very, very, very important one of the two for financing purposes.

 

[CANative]

Danielle,

When appraising manufactured homes, lenders want the appraiser to state yes or no as to the permanent foundation. But they don't define what a permanent foundation is. And because there are so many different types of systems and so many differences between counties or municipalities and their regulations, ordinances and guidelines, what's an appraiser to do?

In California, a recorded 433A is evidence that the controlling authority has inspected the foundation installation and approved it for conformance to their local regulations for manufactured home permanent foundations. So, this document can serve as constructive notice that the local authorities consider it permanent affixture and the appraiser can answer yes to the question and the loan process can proceed.

It's much like when the lawyer had the post office dump all those mail bags of "Dear Santa" letters on the judges bench in "Miracle on 34th Street." Who was the judge to disagree with the Postal Service, a branch of the government.