2019), Sec. (B) the approximate square footage of the home when installed for occupancy; (4) the identification number for each section or module of the home; (5) the physical address where the home is installed for occupancy, including the name of the county, and, if it is different from the physical address, the mailing address of the owner of the home; (6) in chronological order of recordation, the date of each lien, other than a tax lien, on the home and the name and address of each lienholder, or, if a lien is not recorded, a statement of that fact; (7) a statement regarding tax liens as follows: "On January 1st of each year, a new tax lien comes into existence on a manufactured home in favor of each taxing unit having jurisdiction where the home is actually located on January 1st. 77 (H.B. 10, eff. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. (b) On application, the municipality shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot, and rental community or park. Sec. September 1, 2017. Sec. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. September 1, 2017. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. 1276, Sec. To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. (2) the existence of all tax liens on that home for which notice has been filed with the department. 1460), Sec. Homestead Exemption for Manufactured Home - last updated April 14, 2021 (b) To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. 2019), Sec. contract or agreement; and. 62, eff. Our new location is: George H.W. 1201.052. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. (2) provide contractually in the sales transaction that the identified bond applies to the sale. 2019), Sec. June 18, 2003. Sec. Can I Use a Bill of Sale for a Texas Trailer Title? If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. (a) The owner of real property on which a manufactured home owned by another is located may declare the home abandoned as provided by this section if: (1) the home has been continuously unoccupied for at least four months; and. 408 (H.B. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. (a) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. In order to satisfy this requirement, the property owner may apply to our office for any of the following: Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. 2, eff. You are accessing a Texas Department of Housing and Community Affairs information system. 338, Sec. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. 1510), Sec. 55, eff. Online Statement of Ownership Application System (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. Texas Occupations Code Section 1201.003 - Definitions Acts 2013, 83rd Leg., R.S., Ch. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. 2019), Sec. Code, Chapter 1201). If the consumer refuses to comply with the department's new order, the manufacturer, retailer, or installer, as applicable: (1) is discharged from the obligations imposed by the relevant department orders; (2) has no liability to the consumer with regard to that warranty; and. September 1, 2017. 7, eff. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. and. 1201.303. If you can't find the home you are looking for, try looking in our archived records. Acts 2005, 79th Leg., Ch. 2438), Sec. 2, eff. 1270 (H.B. 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. 22, eff. 1510), Sec. June 1, 2003. 85(5), eff. Section 5401 et seq. Sept. 1, 2003. 2, eff. September 1, 2017. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. 4200 Smith School Road. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1201.055. 863 (H.B. 1201.001. TDHCA Info. Acts 2005, 79th Leg., Ch. When ownership is established, all manufactured homes, house trailers, and mobile homes are issued one certificate of title by the Department of Motor Vehicles (DMV) because they are considered vehicles and not fixed houses. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. 28, eff. 1201.1031. September 1, 2011. (A) is engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering manufactured homes for sale or exchange to consumers, including a person who maintains a location for the display of manufactured homes; and. 51. Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. 408 (H.B. September 1, 2013. June 18, 2003. June 1, 2003. 23, eff. home. 2019), Sec. She holds a B.A. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. 1460), Sec. June 18, 2003. Sec. 863 (H.B. June 1, 2003. Acts 2017, 85th Leg., R.S., Ch. June 18, 2005. (a) Except as provided by Subsection (b), a manufactured home is personal property. 1284 (H.B. 71, eff. Sec. Acts 2009, 81st Leg., R.S., Ch. 14A.254(b), eff. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Description - Texas Statement of Ownership and Location. Manufactured Housing - Home Ownership View Login ID. Acts 2013, 83rd Leg., R.S., Ch. 1201.407. Acts 2007, 80th Leg., R.S., Ch. June 18, 2005. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. September 1, 2019. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. (d) If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument. 2, eff. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). A tax lien recorded with the department has priority over another lien or claim against the manufactured home. 2438), Sec. September 1, 2017. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . } (g) Notwithstanding Subsection (f), an owner of real property on which a manufactured home has been abandoned may apply for a new statement of ownership with respect to a home that was previously declared abandoned and then resold and abandoned again. Fox News - Freedom 96.9 - Oklahoma's Talk Radio September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). Acts 2007, 80th Leg., R.S., Ch. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. 1421, Sec. A second or subsequent conviction for an offense under this section is a Class A misdemeanor. (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a). (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. 70, eff. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. 45, eff. 1276, Sec. Mobile Homes - Brazoria County Appraisal District The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. 1460), Sec. 863 (H.B. 1079 (H.B. September 1, 2013. (512) 389-4800. September 1, 2009. 1201.009. ELECTRONIC MEANS AUTHORIZED. (a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. 33, eff. Sec. 1201.509. Added by Acts 2001, 77th Leg., ch. The warranty may expressly disclaim or limit any warranty regarding cosmetic defects. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. 863 (H.B. Sec. September 1, 2017. JUDICIAL REVIEW. 2, eff. Manufactured Housing Division - Online Statement of Ownership Application System. June 1, 2003. (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. 1201.161. An offense under this section is a Class B misdemeanor. 2, eff. View License Records. The mobile home's lien information changes. The director shall administer and enforce this chapter. Once the agency approves the application, it issues the Statement of Ownership. 408 (H.B. 1201.205. Amended by Acts 2003, 78th Leg., ch. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. 1201.458. (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. June 1, 2003. (B) the sale or lease occurs in a single real estate transaction. 36, eff. Acts 2021, 87th Leg., R.S., Ch. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. Amended by Acts 2003, 78th Leg., ch. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. (b) Repealed by Acts 2005, 79th Leg., Ch. 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. * Note: These forms are available as Add-Ons to your existing TMHA Membership. Acts 2017, 85th Leg., R.S., Ch. Sec. 863 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. Sec. 1201.1511. September 1, 2013. 3361), Sec. Texas Administrative Code - Secretary of State of Texas If you lease a car, don't think you can get out of payments just because you're dead. (b) The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a). If one has a manufactured home that lacks a title, a plate with the serial or . 16, eff. INSPECTION BY LOCAL GOVERNMENTAL UNITS. (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031. 28, 51, eff. 863, Sec. 2, eff. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. Q. document.returnValue = true; (b) If a person charged with the violation accepts the determination of the director, the director shall issue an order approving the determination and ordering that the person pay the recommended penalty. 1201.511. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. January 1, 2008. Application for Statement of Ownership.pdf - TEXAS DEPARTMENT OF Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. 5, eff. (a) A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document. 2019), Sec. Keep in mind there may be additional closing forms required. Acts 2013, 83rd Leg., R.S., Ch. 1460), Sec. (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. (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. Acts 2011, 82nd Leg., R.S., Ch. (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. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). 2238), Sec. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. 863 (H.B. If the person fails to complete such course successfully and in a timely manner, the person's license is automatically suspended until the person successfully completes the course. A violation of this subsection is a Class B misdemeanor. 2019), Sec. (3) may establish cooperative inspection training programs. June 18, 2005. 1201.056. 52, eff. (2) "Document of title" means a written instrument issued solely by and under the authority of the director before September 1, 2003, that provides the information required by Section 1201.205, as that section existed before that date. 408 (H.B. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. 44, eff. 863 (H.B. June 1, 2003. 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. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . Sec. 408 (H.B. (b)The land on which a manufactured home is located qualifies as a residence homestead 2238), Sec. Sec. PDF An Internal Audit of the Manufactured Housing Division's Titling Process 1421, Sec. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. 1201.507. 2438), Sec. The term does not include educational material or material required by law. Added by Acts 2001, 77th Leg., ch. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. 20, eff. REPORT AND ORDER; AMENDMENT; COMPLIANCE. June 1, 2003. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. 2, eff. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. on the tax rolls separately. Acts 2007, 80th Leg., R.S., Ch. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. regardless of whether the applicant has elected to treat the manufactured home as 1201.004. September 1, 2017. Buying, Selling, or Moving a Mobile Manufactured Home 59, eff. 1460), Sec. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 19, eff. 2, eff. (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. January 1, 2008. Manufactured Housing. In order to satisfy this requirement, the property owner may apply to . 1201.151. (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. 14A.254(a), eff. 41, eff. 31, eff. Sec. Added by Acts 2001, 77th Leg., ch. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 27, eff. PDF Attorney General of Texas A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 408 (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. 41, eff. September 1, 2011. The buyer must bring their payment. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). The department may place on probation a person whose license is suspended. Acts 2005, 79th Leg., Ch. (2) apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if: (A) the same person is the record owner of both the manufactured home and the real property; and. January 1, 2008. Added by Acts 2001, 77th Leg., ch. September 1, 2013. The bond or other security is payable to the manufactured homeowner consumer claims program. The TDHCA will review the initial Statement of Ownership application. 1201.409. function dmim(msgStr) { texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. 25, eff. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. (e) Repealed by Acts 2003, 78th Leg., ch. 2019), Sec. Complete and attach the Inventory Schedule including the information for each sale during the . Acts 2017, 85th Leg., R.S., Ch. (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. (d) Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety. A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed. 2019), Sec. 408 (H.B. Box 2109. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. Amended by Acts 2003, 78th Leg., ch. 381 Frontage Road Princeton, WV 24739. 863 (H.B. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. (B) any other location the holder or servicer knows or believes, after a reasonable inquiry, to be an address where the owner may have been or is receiving mail or is an address of record; (2) such notification shall be given by certified mail; and. 20, eff. 2019), 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. 863 (H.B. 408 (H.B. Contact us. Whether or not the individual ceased further activity is up for debate. 863 (H.B. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. 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. 408 (H.B. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. 52, eff. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Sell Lease . (C) does not include a recreational vehicle as defined by 24 C.F.R. Sec. (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. 8(2), eff. Acts 2005, 79th Leg., Ch. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. 8, eff. Complete the appropriate information on the "Application for Statement of Ownership and Location" form, provided by the Manufactured Housing Division of the Texas Department of Housing and Community Affairs. 13, eff. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. Sec. 408 (H.B. Sec. 1201.404. 2019), Sec. 2, eff. 863 (H.B. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying .
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