Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1460), Sec. 1201.511. 1201.114. 863 (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. (d) The following are exempt from the application of this section: (1) a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection; and. Acts 2017, 85th Leg., R.S., Ch. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. 1095 (H.B. 13, eff. window.status = msgStr; 408 (H.B. (b) A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit. January 1, 2008. Sec. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. 863 (H.B. The TDHCA will order an inspection to make sure the home is habitable for residents. The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. The board shall issue an order after receiving a proposal for decision. Added by Acts 2003, 78th Leg., ch. (d) A retailer or manufacturer may not vary the content or form of the notice. Sec. 1079 (H.B. Section 5401 et seq. 47, eff. PROCEDURE FOR ADOPTING RULES. 1201.509. 944), Sec. 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. 1201.256. 1460), Sec. In our commitment to open government, we invite open records requests in writing. D. EPARTMENT OF . June 18, 2003. (d) After consideration of the comments, if any, the director shall issue a final determination. (a) On written request, the department shall provide information held by the department on: (1) the current ownership and location of a manufactured home; and. INSPECTION, REVIEW, AND RELATED FEES. Acts 2017, 85th Leg., R.S., Ch. TITLE 7. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. 4, eff. Added by Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. 4, eff. 1201.004. 408 (H.B. 1201.302. 77 (H.B. September 1, 2017. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. SUBCHAPTER B. Category: Texas Real Estate - Manufactured Homes. The board, with the advice of the advisory committee to be established under Section 1201.251, shall adopt rules to establish what constitutes a sufficient number of installations under this subsection. 1201.361. 408 (H.B. 3361), Sec. 2019), Sec. 1201.604. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. June 18, 2003. (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. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . The mobile home changes its treatment, as from real to personal property and vice versa. 2, eff. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Acts 2007, 80th Leg., R.S., Ch. Section 1026.23. (b) A salesperson may not submit to a retailer information known to be false or misleading. (800) 792-1112. Click here to access an Open Records Request form. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. If a license suspension is probated, the department may require the person to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the department; or. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. January 1, 2008. 1016, Sec. (3) the department by rule shall require evidence that the holder or servicer requesting such after-the-fact completion of a real property election has complied with the requirements of this subsection. (b) The department is not liable to the consumer if the manufactured homeowner consumer claims program does not have the money necessary to pay the actual damages determined to be payable. 1421, Sec. 59, eff. 26, eff. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. 408 (H.B. 62, eff. September 1, 2017. 14A.256(a), eff. 1201.058. 1201.216. 33, eff. 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.. Sec. 2238), Sec. September 1, 2017. (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 98, eff. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home. 85(4), eff. 01/16/18 . (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. License Status. September 1, 2017. 1460), Sec. 863 (H.B. 863 (H.B. If you own a manufactured home and rent a space in a mobile home park or from another landowner, you should be receiving a separate tax bill for your manufactured home. June 1, 2003. 1284 (H.B. 408 (H.B. Acts 2005, 79th Leg., Ch. (a) The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order of the department an administrative penalty in an amount not to exceed $10,000 for each violation of this chapter and: (b) The director may assess against a licensee who fails to provide information to a consumer as required by this chapter an administrative penalty in an amount not to exceed: (2) $2,000 for the second violation; and. ); and. 3361), Sec. 40, eff. 8, eff. 2019), Sec. 1, eff. June 1, 2003. September 1, 2017. Sept. 1, 2003. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website. January 1, 2008. 27, eff. 408 (H.B. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. 27, eff. Acts 2017, 85th Leg., R.S., Ch. Sec. 863 (H.B. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and. Laredo Texas Statement of Ownership and Location Take advantage of our comprehensive internet form library to make sure you always are able to get up-to-date samples that are completely ready for downloading, preparing, and signing. You will need to pay a $55 issuance fee for a new SOL. June 1, 2003. June 18, 2005. 1201.504. Acts 2005, 79th Leg., Ch. (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection. September 1, 2011. Acts 2005, 79th Leg., Ch. The form shall also conspicuously disclose the consumer's right of rescission. 19, eff. Sec. January 1, 2008. Sec. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder. 863 (H.B. State: Texas. 2019), Sec. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. The fee for a single is $35, doublewide is $70, and triple wide is $105. . (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. As otherwise indicated below. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. 85(8), eff. 1201.057. (g) A person may not make an announcement concerning the sale or exchange of, or offer to sell or exchange, a manufactured home to a consumer in this state through an advertisement unless the person holds a manufacturer's, retailer's, or broker's license. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. 18, eff. 85(5), eff. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. (c) Notwithstanding any other provision of this section or any other law, the filing of a lien security agreement on the inventory of a retailer does not prevent a buyer in the ordinary course of business, as defined by Section 1.201, Business & Commerce Code, from acquiring good and marketable title free of that lien, and the department may not consider that lien for the purpose of title issuance. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. 4 (S.B. 2019), Sec. 863 (H.B. 1201.111. Statement From Tax Assessor-Collector from the local tax collector's office is needed. Acts 2013, 83rd Leg., R.S., Ch. 28, eff. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. Sec. September 1, 2009. (b) On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board. You can use a generic bill of sale form or create it by hand. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. June 1, 2003. 1421, Sec. 1460), Sec. 1284, Sec. 1079 (H.B. USED OR SALVAGED MANUFACTURED HOMES. Sec. Added by Acts 2001, 77th Leg., ch. 1201.301. By Email: mhtaxes . (d) A person may not act as an installer in this state unless the person holds an installer's license. CHAPTER 2. Sec. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 8, eff. 46 (H.B. 1201.252. a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1)a copy of the statement of ownership for the manufactured home issued by the manufactured Tracking a manufactured home's ownership ceased when it became real property, was used for business or was salvaged. SALESPERSON. 1201.457. (25) "Rules" means the rules of the department. Acts 2009, 81st Leg., R.S., Ch. 1201.353. 2438), Sec. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. September 1, 2013. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. (b) If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document. If the buyer acquires the home from someone who is not a licensed retailer, they can find the application online or call 800-500-7074 to request one. January 1, 2008. However, the manufactured home's conversion to real property is incomplete until a certified copy of the document is recorded with the county of location. Sec. 8(2), eff. View Ownership Records : No Prior Ownership Record - Pending Application with RAI Issued: . (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. 1201.605. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. (2) adopt rules intended to maintain the historical passage rate for the examination. 1201.508. 26, eff. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . 2019), Sec. September 1, 2017. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer. 51, eff. 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 . 1421, Sec. 5, eff. Amended by Acts 2003, 78th Leg., ch. 1201.460. window.status = msgStr; June 18, 2003. Copyright 2018 Texas Manufactured Housing Association. All other counties are in Wind Zone I. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. If you have any questions that we could assist with, please contact our office at 512-943-1601 or by email at [email protected]. 408 (H.B. September 1, 2017. 1460), Sec. (c)The owner of land that qualifies as a residence homestead under this section is January 1, 2008. 2, eff. 1201.219. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. Sec. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. (f) If a person licensed under this chapter fails to pay an administrative penalty that has become final or fails to comply with an order of the director that has become final, in addition to any other remedy provided by law, the director, after not less than 10 days' notice to the person, may without a prior hearing suspend the person's license. 46 (H.B. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. An owner may elect to treat a manufactured home as real property only if the home is attached to: (1) real property that is owned by the owner of the home; or. TDHCA Info. (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. The members of the committee shall have no personal liability for providing this advice. 1276, Sec. 863 (H.B. 408 (H.B. 12, eff. (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). (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. 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. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. June 1, 2003. 2019), Sec. if (document.images) { 5, eff. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. June 18, 2005. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. An incomplete application can also delay processing. Sept. 1, 2003. September 1, 2017. 12, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. 2, eff. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. 338, Sec. September 1, 2011. June 1, 2003. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. Contact us. January 1, 2008. 2, eff. Acts 2005, 79th Leg., Ch. "; (8) a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names; (10) a statement of whether the owner has elected to treat the home as real property; (11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and. September 1, 2017. 2238), Sec. 2, eff. 3, eff. 863 (H.B. 2438), Sec. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. (d) Except as approved by the department, a local governmental unit may not require a permit, a fee, a bond, or insurance for the transportation and installation of manufactured housing by a licensed retailer or installer. 85(3), eff. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. ISSUANCE OF STATEMENT OF OWNERSHIP. 2.001. September 1, 2017. (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. Sec. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. January 1, 2008. 408 (H.B. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. Added by Acts 2001, 77th Leg., ch. (C)the applicant could not locate the seller after making a good faith effort. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. September 1, 2021. 1284 (H.B. (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. January 1, 2008. Added by Acts 2001, 77th Leg., ch. (a-2) An applicant for a retailer's license must complete four hours of specialized instruction relevant to the sale and exchange of manufactured homes. 1201.254. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. 77 (H.B. 2019), Sec. } 15(3), eff. (2) the expiration of a period not to exceed 150 days. 73(a)(3), eff. 863 (H.B. June 18, 2003. If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 1510), Sec. June 18, 2003. The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. If the seller files the SOL form after 60 days, they can face a fee of up to $100. Acts 2007, 80th Leg., R.S., Ch. 1201.505. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. June 18, 2005. 73(a)(3), eff. 18, eff. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. June 18, 2003. January 1, 2008. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. (4) the location to which the license will apply. The applicant is required to submit a set of fingerprints only once under this section unless a replacement set is otherwise needed to complete the criminal history check required by this section. 77 (H.B. 2019), Sec. Manufactured Housing. BOX 12489 Austin, Texas 78711-2489 2438), Sec. 67, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 2019), Sec. PROHIBITED ALTERATION. 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 .