texas department of manufactured housing statement of ownership texas department of manufactured housing statement of ownership

(g) An order of suspension under Subsection (f) may be appealed. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . Acts 2017, 85th Leg., R.S., Ch. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. 2438), Sec. Sept. 1, 2003. (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. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. Prior to your mobile home closing - Continued. (e) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee. 863 (H.B. Fax: 517-241-0130. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. Sec. Acts 2017, 85th Leg., R.S., Ch. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. 1201.304. window.status = msgStr; (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. January 1, 2008. (C) the use of the property is changed as described by Section 1201.216. 863 (H.B. 1201.459. (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. A closing date is then decided where the seller will move their possessions out of the home. (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). (d) To maintain affordability of manufactured homes in this state, the board shall: (1) conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. SECURITY: DURATION. 8, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 2019), Sec. September 1, 2017. 3361), Sec. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. 863 (H.B. Sec. Copyright 2018 Texas Manufactured Housing Association. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. January 1, 2008. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. 30, eff. September 1, 2017. 1079 (H.B. 70, eff. Any certified copies of a Statement of Ownership are free upon request. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. 2438), Sec. 863 (H.B. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. 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. 408 (H.B. Sec. 1460), Sec. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power Amended by Acts 2003, 78th Leg., ch. 1201.507. Added by Acts 2001, 77th Leg., ch. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . 1201.409. The Statement of Ownership is what confirms ownership and liens recorded with the Department. 1201.511. 36, eff. Acts 2005, 79th Leg., Ch. 863 (H.B. Sept. 1, 2003. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. Acts 2007, 80th Leg., R.S., Ch. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 22, eff. Submit Inventory Online. January 1, 2008. September 1, 2017. (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer. 85(8), eff. (25) "Rules" means the rules of the department. 1276, Sec. 77 (H.B. (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. 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. 1201.503. 1421, Sec. June 1, 2003. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. 863 (H.B. 408 (H.B. (b) A violation of this section does not create a cause of action or claim for damages for a consumer. 1201.251. (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. The board shall issue an order after receiving a proposal for decision. Once all of the documents are signed, the buyer will need to register their new home with the DMV. 2019), Sec. June 1, 2003. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. (d) A person charged with a penalty who is financially unable to comply with Subsection (c)(2) is entitled to judicial review if the person files with the court, as part of the person's petition for judicial review, a sworn statement that the person is unable to meet the requirements of that subsection. 2, eff. Buyers should first determine what supporting documents they'll need when filing for the ownership document, as well as any fees by referring to the agency's requirements for Applying for a Statement of Ownership (PDF). 1284 (H.B. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. (2) 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. 1201.1511. If an application for an initial statement of ownership is made without the required manufacturer's certificate and the retailer does not provide it as required, the department shall, on or before the issuance of the requested statement of ownership, send written notice to each party currently reflected on the department's records as having a recorded lien on the inventory of that retailer with respect to that home. (f) A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: Sec. Sec. 1201.102. is listed on the tax rolls with the real property to which it is attached or listed 338, Sec. 2019), Sec. 2438), Sec. 2019), Sec. 14A.261(a), eff. September 1, 2017. A seal is the property of the department. (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). Sec. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 863 (H.B. 863 (H.B. June 18, 2005. September 1, 2017. The department shall cooperate with all local governmental units in this state. 1201.221. 10, eff. September 1, 2017. The notice must include the address where the home is currently located. June 18, 2005. 1201.552. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. Amended by Acts 2003, 78th Leg., ch. 3.06, eff. 2438), Sec. (2) a "warehouseman" under Chapter 24, Property Code. 1421, Sec. 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. (a-1). Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** (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. Acts 2017, 85th Leg., R.S., Ch. (a) The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and: (1) each lien, including a tax lien, on the home is released by the lienholder; or. 1460), Sec. //-->, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Added by Acts 2013, 83rd Leg., R.S., Ch. (b) Notwithstanding the limitations and terms of any warranty, the director may, whenever the department identifies any aspect of an installation that does not conform to applicable requirements, order the licensee who performed the installation to correct it, or, if that licensee is no longer licensed, reassign correction to a licensed installer and reimburse the person from the fund for the costs of correction. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. 1079 (H.B. Acts 2005, 79th Leg., Ch. 85(2), eff. (a) A retailer or broker: (1) shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. Sec. 2438), Sec. 2019), Sec. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is for a nonresidential use other than a business use. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. (B) is designated by an entity and satisfies the requirements of Sections 1201.104 and 1201.113 on behalf of the entity, if the entity is licensed or seeking licensure under this chapter. SEAL PROPERTY OF DEPARTMENT. June 18, 2005. 408 (H.B. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). 1460), Sec. Amended by Acts 2003, 78th Leg., ch. "Standards code" means the Texas Manufactured Housing Standards Code. (c) No test shall be given in relation to any continuing education program. Acts 2017, 85th Leg., R.S., Ch. For male dogs the procedure can be done at any time. In male dogs Acts 2013, 83rd Leg., R.S., Ch. 14, eff. (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. June 18, 2003. C. OMMUNITY . 67, eff. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . 1079 (H.B. No change of ownership or location is complete until you have, both, updated the Statement of Ownership with the TDHCA and informed the Appraisal District of the changes. 408 (H.B. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. (b) A federally insured financial institution or lender approved or authorized by the United States Department of Housing and Urban Development as a mortgagee with direct endorsement underwriting authority that fully complies with federal Truth in Lending disclosures concerning the terms of a manufactured housing transaction is exempt from the disclosure provisions of this section. (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder: (1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter; (2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium; (3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later; (4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission; (5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code; (6) failed to provide or file a report required by the department for the administration or enforcement of this chapter; (7) provided false information on an application, report, or other document filed with the department; (8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing; (9) failed to file a bond or other security for each location as required by Subchapter C; (10) has had another license issued by this state revoked or suspended; or. September 1, 2009. Added by Acts 2017, 85th Leg., R.S., Ch. 338, Sec. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. Acts 2007, 80th Leg., R.S., Ch. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. June 1, 2003. 863 (H.B. September 1, 2017. ), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. 863 (H.B. 2019), Sec. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 2438), Sec. 408 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. (2) the name of the person to whom title to the home will be transferred under this section is the same name that is listed in the real property or tax records indicating the current ownership of the real property. 46, Sec. AMOUNT OF FEES. (5) the department in the manner provided by Subsection (h). (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. 863 (H.B. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. Sec. 408 (H.B. TrumhFast paced can be stressful at time. Find the Trumh Thrill Plan at (b) A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if: (1) the manufactured home is attached; and. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. The form must require the disclosure of the original dollar amount of the tax lien and the name and address of the person in whose name the manufactured home is listed on the tax roll. June 1, 2003. 2238), Sec. ADMINISTRATIVE PENALTY. Next . 73(a)(3), eff. Shop the Trumh mobile homes and manufactured homes from Mobile Home Corpus Christi, one of the best sellers for TRU manufactured homes. 35, eff. (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. (c-1) The department may permit the use of any device or procedure that has been reviewed and approved by a licensed engineer provided that such use or procedure complies with any instructions, conditions, or other requirements specified by that engineer. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. Acts 2005, 79th Leg., Ch. Sec. (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. A person removing a home is responsible to the real property owner for any damage to the real property resulting from the removal of the home. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 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. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. Sec. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. September 1, 2017. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. Amended by Acts 2003, 78th Leg., ch. Sec. (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. 1421, Sec. 2, eff. (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. September 1, 2013. 863 (H.B. 2438), Sec. (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. 22, eff. 408 (H.B. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. June 1, 2003. 1201.105. Manufactured Housing Division TITLE 7. 34, eff. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. 35, eff. (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. (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. June 1, 2003. (f) This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101. Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. You can use a generic bill of sale form or create it by hand. 3361), Sec. D. EPARTMENT OF . 3361), Sec. 1420), Sec. 1201.052. 85(4), eff. 1201.107. OCCUPATIONS CODE CHAPTER 1201. MANUFACTURED HOUSING - Texas 1201.611. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. 77 (H.B. ELECTION BY OWNER. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. 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. You may check that division's records through its website or contact that division to learn any recorded tax liens. (c) The renewal license expires on the second anniversary of the date the license was renewed. 8(2), eff. Sec. (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. 1201.454. Sec. (B) sells or exchanges at least two manufactured homes to consumers in a 12-month period. (e) Repealed by Acts 2003, 78th Leg., ch. . Added by Acts 2003, 78th Leg., ch. September 1, 2017. PROHIBITED SHIPPING BY MANUFACTURER. Application for Certificate(s) of Financial Responsibility, as . 47, eff. 2238), Sec. NOTICE OF NEED FOR WARRANTY SERVICE. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. 2019), Sec. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1421, Sec. 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 .