texas department of manufactured housing statement of ownership

HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. 15, eff. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. September 1, 2017. September 1, 2021. 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. If you want to sell more than one within that time frame, you will need to be a licensed retailer with the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division. January 1, 2008. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. 1201.107. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; September 1, 2009. 1201.356. (a-1)An appraisal district may rely upon the computer records of the Texas Department A violation of this subsection is a Class B misdemeanor. 77 (H.B. (a) Except as otherwise provided by this section, a retailer must refund a consumer's deposit not later than the 15th day after the date that a written request for the refund is received from the consumer. Acts 2007, 80th Leg., R.S., Ch. 1201.405. (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1079 (H.B. 3, eff. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. Acts 2005, 79th Leg., Ch. June 18, 2003. 408 (H.B. Sec. 408 (H.B. 2019), Sec. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. 1201.004. 1016, Sec. January 1, 2008. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. PDF An Internal Audit of the Manufactured Housing Division's Titling Process 2019), Sec. (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. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. Sec. Acts 2017, 85th Leg., R.S., Ch. 77 (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. INSPECTION BY LOCAL GOVERNMENTAL UNITS. Sec. September 1, 2017. in Communications and English from Niagara University. (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. CONSUMER COMPENSATION. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. 863 (H.B. When applying for a Statement of Ownership, buyers must determine what supporting documents they may need: 25, eff. June 18, 2003. 69, eff. 2019), Sec. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. Acts 2007, 80th Leg., R.S., Ch. 2, eff. This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home. (f-1) A retailer may not be licensed to operate more than one location under a single license. In order to satisfy this requirement, the property owner may apply to . September 1, 2017. 2019), Sec. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. CHAPTER 2. 863 (H.B. The mobile home's lien information changes. Contact us. 39, eff. Sec. TMHA | Community Forms Contact Mobile Homes. 49, eff. The statement from the tax assessor-collector must indicate that, with respect to each January 1 occurring in the 18-month period preceding the date of the sale, there are no perfected and enforceable tax liens on the manufactured home that have not been extinguished and canceled in accordance with Section 32.015, Tax Code, or personal property taxes due on the manufactured home. REPORT AND ORDER; AMENDMENT; COMPLIANCE. (e) The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551, Government Code. (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. Acts 2013, 83rd Leg., R.S., Ch. 1201.510. 37, eff. 1276, Sec. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. 61, eff. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. Acts 2011, 82nd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 2019), Sec. 1201.2076. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. Sec. 1201.157. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. Acts 2013, 83rd Leg., R.S., Ch. You should also check for delinquencies with the local tax office(s). 1460), Sec. Mobile Home Titles in Texas - MobileHomeHQ.com January 1, 2008. June 18, 2005. PDF Application for Residential Homestead Exemption 2, eff. 46 (H.B. January 1, 2008. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. 58, eff. How to Locate Mobile Home Titles in Texas. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. 863 (H.B. If a retailer sells the home, but does not help the buyer or provide them with the documents they need to file for Statement of Ownership, the buyer can file a complaint with the TDHCA using its Consumer Complaint form. January 1, 2008. September 1, 2019. 61, eff. Sept. 1, 2003. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. Sec. (3) the information and the cost required under Section 1201.1031. Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. Acts 2005, 79th Leg., Ch. September 1, 2017. 8, eff. Manufactured Housing has moved! Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. 2019), Sec. Once the department issues a statement of ownership, the department shall not alter the record of the ownership or lien status, other than to change the record to accurately reflect the proper owner's or lienholder's identity or to release a lien if an authorized lienholder files with the department a request for that release, of a manufactured home for any activity occurring before the issuance of the statement of ownership without either the written permission of the owner of record for the manufactured home, their legal representative, or a court order. 8(1), eff. 43, eff. 408 (H.B. Because of its regulatory nature, it is governed by its own board and executive director. 2019), Sec. AMOUNT OF FEES. Added by Acts 2001, 77th Leg., ch. 3, eff. (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). 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. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. 408 (H.B. Sec. 2019), Sec. 74.06, eff. 2438), Sec. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. Added by Acts 2001, 77th Leg., ch. Title Transfer of a Mobile Home in Texas | Silberman Law Firm, PLLC Beginning on September 1, 2003, the TDHCA considered all outstanding documents of title as Statements of Ownership, which the agency issues from MHD headquarters in Austin.They must also apply for a statement when: A Statement of Ownership application costs $55 to process, and a late application may result in a $100 fee and a delay in its issuance if it is over 60 days late. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. 85(1), eff. 1201.118. (4) all exterior doors and windows are in place and operate properly. Here's part three of Fox News Digital's list of the most bizarre and . September 1, 2017. 863 (H.B. June 18, 2003; Acts 2003, 78th Leg., ch. (d) If the manufactured home remains on the real property for at least 45 days after the date the notice is postmarked: (1) all liens on the home are extinguished; and. (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. September 1, 2017. Manufactured Housing. SALESPERSON. 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. 1460), Sec. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). (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. The fee for a single is $35, doublewide is $70, and triple wide is $105. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. (b) If the department issues a statement of ownership for a manufactured home, the department shall maintain a record of the issuance in its electronic records and shall mail a copy to the owner and each lienholder. (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. September 1, 2013. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. 1460), Sec. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 1201.410. Section 1201.003 of the Texas Occupations Code (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. 2019), Sec. If they submit the application after 60 days, there will be a late fee charged up to $100. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Sec. January 1, 2008. HEARING ON STANDARD OR REQUIREMENT. Acts 2005, 79th Leg., Ch. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. 408 (H.B. June 18, 2003; Acts 2003, 78th Leg., ch. 2019), Sec. 13, eff. 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. (2) govern the business conduct of license holders. 2019), Sec. Sec. (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. 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. 408 (H.B. (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. 1201.453. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. 408 (H.B. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. All other counties are in Wind Zone I. Sec. 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. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. Amended by Acts 2003, 78th Leg., ch. (a) With respect to the storage of manufactured homes for hire, a licensed retailer is: (1) a "warehouse" as defined by Section 7.102, Business & Commerce Code; and. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. 2019), Sec. Obtain a expertly-drafted, state-specific template within minutes. Acts 2017, 85th Leg., R.S., Ch. Beginning September 1, 2003, a document of title is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. Form AC 8050-88A - AFFIDAVIT OF OWNERSHIP LIGHT-SPORT AIRCRAFT (h) An order revoking the license of a retailer, broker, installer, or salesperson may provide that the person is prohibited, without obtaining prior written consent of the director, from being a related person of a licensee. 46 (H.B. (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. Sec. 408 (H.B. 1201.406. Acts 2017, 85th Leg., R.S., Ch. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. 408 (H.B. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or. Added by Acts 2001, 77th Leg., ch. 2019), Sec. HABITABILITY. Acts 2005, 79th Leg., Ch. 1201.103. 863 (H.B. PDF Manufactured Housing Division - Texas Department of Housing & Community 1276, Sec. September 1, 2009. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. A statement of ownership must be evidenced by a board-approved form issued by the department setting forth: (1) the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner; (2) the manufacturer's name and address and any model designation, if available; (3) in accordance with the board's rules: (A) the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and. (e) The applicant shall pay the cost of a criminal history check under this section. Added by Acts 2001, 77th Leg., ch. 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. The consumer shall return the completed application to the retailer. 77 (H.B. Added by Acts 2001, 77th Leg., ch. Sec. 25, eff. The department shall disclose on its Internet website the date of each tax lien filing, the original amount of the tax lien claimed by each filing, and the fact that the amount shown does not include additional sums, including interest, penalties, and attorney's fees. 3361), Sec. Acts 2007, 80th Leg., R.S., Ch. // function that displays status bar message PDF Application for SOL - Statement of Ownership and Location for 2238), Sec. 1460), Sec. under Section 11.13 only if: (1)the land is owned by one or more individuals, including the applicant; (2)the applicant occupies the manufactured home as the applicant's principal residence; 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. September 1, 2017. Current as of April 14, 2021 | Updated by FindLaw Staff. 408 (H.B. 1201.210. (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. 1460), Sec. Description - Texas Statement of Ownership and Location. (a) The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial installation site. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. 2438), Sec. 1201.207. Texas Occupations Code - OCC 1201.2055 | FindLaw DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. June 18, 2005. 863 (H.B. D. IVISION. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. September 1, 2013. 2019), Sec. (2) "Affiliate" means a person who is under common control. CORRECTIVE ACTION REQUIRED. Married couple will be the only owners and agree that the . 40, eff. SANCTIONS AND PENALTIES. 1460), Sec. SHORT TITLE. 20, eff. (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. 863 (H.B. The warranty for the installation of a new HUD-code manufactured home is to be given by the retailer, who is responsible for installation. Added by Acts 2001, 77th Leg., ch. 16, eff. Sort By. (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. Acts 2007, 80th Leg., R.S., Ch. (c) All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department. A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. 1, eff. FORMALDEHYDE HEALTH NOTICE. (b) A licensee shall notify the department of a change described by Subsection (a) not later than the 10th day before the date the change occurs. 85(3), eff. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. Wilco > Elected Officials > Tax Assessor Collector > Property Tax (11) "Subsequent sale" means a bargain, sale, transfer, or delivery of a manufactured home, with intent to pass an interest in the home, other than a lien, from one person to another after the first retail sale and initial issuance of a statement of ownership. 1201.1025. September 1, 2017. 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 . (b) Not later than the 60th day after the date of the retail sale, the retailer shall provide to the department the completed application for the issuance of a statement of ownership. 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** Sell Lease . 35, 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. Added by Acts 2001, 77th Leg., ch. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 408 (H.B. 2, eff. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. September 1, 2017. Login ID. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and.