texas department of manufactured housing statement of ownership
338, Sec. 338, Sec. 60, eff. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 PROHIBITED RETENTION OF DEPOSIT. (b) The deposit may be retained only if: (1) the consumer specially orders from the manufacturer a manufactured home that is not in the retailer's inventory; (2) the home conforms to the specifications of the special order and any representations made to the consumer; (3) the consumer fails or refuses to accept delivery and installation of the home by the retailer; and. (b) Except in the case of an applicant for a salesperson's license, successful completion of the course of instruction is a prerequisite to obtaining the license. Sept. 1, 2003. 863 (H.B. This includes an age limit on those who use playgrounds in Kansas, a prohibition on masked groups in New York (until the COVID-19 pandemic changed life as we know it) and a ban on using ferrets as hunting animals in West Virginia. Description - Texas Statement of Ownership and Location. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. (4) the issuance of an initial or revised statement of ownership. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. (a) A local governmental unit of this state may not adopt a standard for the construction or installation of manufactured housing in the local governmental unit that is different from a standard adopted by the board unless, after a hearing, the board expressly approves the proposed standard. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. 863 (H.B. (a) The board shall approve continuing education programs for licensees under this chapter. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. 10, eff. if (document.images) {document.images[id].src=eval(name+".src"); } (1) a deposit held in escrow in a real estate transaction; or. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. Amended by Acts 2003, 78th Leg., ch. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. 2019), Sec. (e) The lists to be provided under this section may be provided electronically. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . License Status. Section 5401 et seq.). 5, eff. Sec. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. 8, eff. 1284 (H.B. 1201.354. If they submit the application after 60 days, there will be a late fee charged up to $100. A closing date is then decided where the seller will move their possessions out of the home. Acts 2009, 81st Leg., R.S., Ch. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. SHORT TITLE. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. Acts 2013, 83rd Leg., R.S., Ch. 338, Sec. 408 (H.B. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. (7) "Manufacturer's certificate" means a document that meets the requirements prescribed by Section 1201.204. RULE 80.90. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. Home ownership data was last updated on 03/03/2023. 62, eff. June 18, 2005. 77 (H.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2017. 2438), Sec. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. (B) the name in which the statement of ownership should be issued. Sec. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. This subsection does not apply to the release of a tax lien perfected with the department. // Website by: Left Hand Design, Manufactured Home and Space Lease Agreement, Notice for Dwelling Located in Floodplain, Notice for Dwelling Located in Area of Flooding Within Last 5 Years, Consumer Consent Notice E-Sign Act & Texas Uniform Electronic Transactions Act, PUC's Rules for Water and Sewer Submetering or Allocation, Water and Wasterwater Submetering Addendum, Water and Wasterwater Allocation Addendum, Lease with an Option to Purchase Addendum, Regulation M: Closed-End/Net Lease Disclosure, 30-Day Notice to Vactate for Nonpayment at a CARES Act Covered Property, 3-Day Notice to Vacate For Other Than Nonpayment, 10-Day Notice to Vacate For Other Than Nonpayment. Amended by Acts 2003, 78th Leg., ch. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. September 1, 2017. PERFECTION, EFFECT, AND RELEASE OF LIENS. Acts 2017, 85th Leg., R.S., Ch. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (3) the information and the cost required under Section 1201.1031. 22, eff. If the department rejects an application, the department shall provide a clear and complete explanation of the reason for the rejection and instructions on how to cure any defects, if possible. 1201.610. Attach the mobile home statement of ownership and location or sales contract. September 1, 2017. 27, eff. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. (b) Not later than the 60th day after the effective date of the transfer of ownership or the date the seller or transferor obtains possession of the necessary and properly executed documents, the seller or transferor shall forward to the purchaser or transferee the necessary, executed documents. 1201.107. If the applicant made a mistake, they'll need to fill out a new application and pay the $55 fee a second time for a correct statement. SUBCHAPTER I. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. However, if you do buy a mobile home without a title, the seller will need to complete the Application for SOL form and pay the $55 issuance fee after the sale within 60 days. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 Internet Address: APPLICATION FOR STATEMENT OF OWNERSHIP The filing of an application for the issuance of a Statement of Ownership later than . 1079 (H.B. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. 1510), Sec. 1, eff. 66, eff. 408 (H.B. January 1, 2008. 1, eff. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 20, eff. (3) is not subject to an action by the department for failure to provide warranty service. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; (B) free from defects in materials or workmanship. 30, eff. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. 23, eff. (b) A request under Subsection (a) must contain: (1) the name of the owner of the home as reflected on the statement of ownership; or. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process. 2438), Sec. Statement of Ownership Application Instructions (PDF) . 73(a)(5), eff. 2238), Sec. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. (b) Except as provided by Subsection (a) and subject to Subsection (d), a lien on a manufactured home is perfected only by filing with the department the notice of lien on a form provided by the department. 33, eff. 338, Sec. 45, eff. June 1, 2003. (c) The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action. Added by Acts 2001, 77th Leg., ch. 77 (H.B. (c) If the required face amount of a security is impaired by the payment of a claim, the license holder shall restore the security to the required face amount not later than the 60th day after the date of impairment. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. Acts 2017, 85th Leg., R.S., Ch. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. 1460), Sec. FORMALDEHYDE HEALTH NOTICE. Acts 2017, 85th Leg., R.S., Ch. (a) The director may inspect manufactured homes at the state border and adopt rules necessary for the inspection of manufactured homes entering this state to ensure: (A) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter if the director has reasonable cause to believe that a person has violated or is about to violate any provision of this chapter or a rule adopted under this chapter. 1460), Sec. (512) 389-4800. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. Section 1201.003 of the Texas Occupations Code for ownership and tax lien information before March 1982. 77 (H.B. September 1, 2017. (f) This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101. 14A.257(b), eff. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. Acts 2005, 79th Leg., Ch. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. 3.12, eff. 408 (H.B. Amended by Acts 2003, 78th Leg., ch. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. The rules must protect a lienholder recorded with the department. Sec. 338, Sec. (3) another state may prohibit installation of the home in a Wind Zone II or III area. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. Acts 2009, 81st Leg., R.S., Ch. ownership interest in the development, except for a tax credit . 3361), Sec. 46, Sec. An appeal is a contested case governed by Chapter 2001, Government Code. 1201.508. Acts 2007, 80th Leg., R.S., Ch. on the tax rolls separately. Attach a copy of document of statement of ownership and location issued by the Texas Department of Housing and Community Affairs if home is 8' by 40' or . (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. June 1, 2003. 1460), Sec. 1201.461. Acts 2007, 80th Leg., R.S., Ch. 26, eff. 1201.055. June 1, 2003. 1421, Sec. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. "Standards code" means the Texas Manufactured Housing Standards Code. 15, eff. If the changes are not properly recorded with the Appraisal District, sellers may find themselves being sued for taxes incurred after they sold the home and buyers may be faced with unexpected tax bills for prior years omitted from the tax roll or that had invalid exemptions. 863 (H.B. 2019), Sec. 1284 (H.B. (2) the identification number of the home. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 2, eff. Any license under this chapter is valid for two years. 1421, Sec. September 1, 2017. State: Texas. September 1, 2017. 944), Sec. 4, eff. 2438), Sec. ADVERTISEMENT AS OFFER. If the installer fails to perform the corrective action, the installer shall be subject to the provisions of Section 1201.357. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. 1201.505. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. Shop the Trumh mobile homes and manufactured homes from Mobile Home Corpus Christi, one of the best sellers for TRU manufactured homes. 2438), Sec. Added by Acts 2001, 77th Leg., ch. 1201.206. 1201.358. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. 1201.003. 14, eff. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. January 1, 2008. home; (2)a copy of the sales purchase agreement or other applicable contract or agreement 2, eff. In an announcement on Thursday . Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. 3.10, eff. 3.09, eff. Added by Acts 2001, 77th Leg., ch. 2, eff. Acts 2005, 79th Leg., Ch. 1201.153. Sec. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. Amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (h) The provisions of this chapter relating to the construction or installation of a manufactured home or to warranties for a manufactured home apply to a home regardless of whether the home is considered to be real or personal property. Section 5401 et seq. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. (d) The director may impose an administrative penalty in accordance with this section. A salvaged manufactured home may be sold only to a licensed retailer. 863, Sec. (b) Before declaring a manufactured home abandoned, the owner of real property on which the home is located must send a notice of intent to declare the home abandoned to the record owner of the home, all lienholders at the addresses listed on the home's statement of ownership on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests. 58, eff. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. 8, eff. 1460), Sec. RETAILER AS WAREHOUSE. Acts 2007, 80th Leg., R.S., Ch. Sec. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. 2438), Sec. DEFINITIONS BINDING. The term does not include a person who maintains a location for the display of manufactured homes. June 18, 2005. 34, eff. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. (b) The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. Acts 2007, 80th Leg., R.S., Ch. 73(a)(3), eff. September 1, 2013. Sec. 57, eff. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. 408 (H.B. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. (b) A retailer may not charge to the consumer any fees or expenses other than the real property appraisal and title work expenses disclosed to the consumer under Subsection (a)(3). (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. The warranty must conspicuously disclose that notice requirement to the consumer. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. 1079 (H.B. 4, eff. September 1, 2017. 1421, Sec. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. } If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. (b) On receipt of a verified complaint, the department shall: (1) notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and. 2019), Sec. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. DECEPTIVE TRADE PRACTICES. 2019), Sec. January 1, 2008. 2, eff. Processing takes about 15 business days, but the applicant can pay an additional $55 service fee to process it within five business days from receipt. 1201.458. 29, eff. 2019), Sec. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. In addition to any other remedy provided by law, the director may institute in district court a suit for injunctive relief and for the collection of the administrative penalty. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. Sec. Questions or comments, please call 1-800-500-7074. 11, eff. A hearing of an appeal of an order of suspension issued under Subsection (f) shall be held not later than the 15th day after the date of receipt of the notice of appeal. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. 1460), Sec. January 1, 2008. The Texas Department of Housing & Community Affairs (TDHCA) handles all transfers of manufactured housing. (26-a) "Sales purchase contract" means the contract between a retailer and a consumer for the purchase of a manufactured home from the retailer. 2019), Sec. Sec. Sec. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. September 1, 2017. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. 2438), Sec. The warranty may expressly disclaim or limit any warranty regarding cosmetic defects. Sec. (2) the date the director determines that a claim does not exist against the security. September 1, 2017. (C) does not include a recreational vehicle as defined by 24 C.F.R. Acts 2007, 80th Leg., R.S., Ch. 1079 (H.B. You will need a Bill of Sale and a statement from the Tax Assessor-Collector at the local tax collectors office to prove all taxes have been paid on the home. 5, eff. The director shall administer and enforce this chapter. September 1, 2013. Acts 2005, 79th Leg., Ch. January 1, 2008. (3) assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. Added by Acts 2001, 77th Leg., ch. (c) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. Sec. Added by Acts 2001, 77th Leg., ch. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code.
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