texas department of manufactured housing statement of ownership

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. (b) The director may suspend or revoke a license if, after receiving notice of a claim, the license holder or the license holder's surety fails or refuses to pay a final claim paid under the manufactured homeowner consumer claims program for which demand for reimbursement was made. 2019), Sec. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the 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. 1460), Sec. January 1, 2008. home. Sec. 4, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. June 18, 2005. Sec. Section 5401 et seq. INSTALLATION OF MANUFACTURED HOUSING. LICENSE APPLICATION. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. Sec. Amended by Acts 2003, 78th Leg., ch. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. September 1, 2013. 2, eff. 1201.605. September 1, 2017. 54, eff. 1460), Sec. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. September 1, 2017. 1201.404. 85(5), eff. 530 (S.B. 1, eff. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. 15(2), eff. 2438), Sec. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. document.returnValue = true; Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 408 (H.B. 2019), Sec. 1284 (H.B. If you are not receiving a separate bill, contact our office so that we may search for a tax account and instruct you on how to have the home added to the appraisal roll. September 1, 2013. 1201.102. 2019), Sec. (b) A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101. June 18, 2003. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission. Sec. 338, Sec. If for any reason the retailer does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1284 (H.B. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location. 20, 21, eff. 2019), Sec. (b) The deposit may be retained only if: (1) the consumer specially orders from the manufacturer a manufactured home that is not in the retailer's inventory; (2) the home conforms to the specifications of the special order and any representations made to the consumer; (3) the consumer fails or refuses to accept delivery and installation of the home by the retailer; and. June 18, 2003. Sec. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. Added by Acts 2001, 77th Leg., ch. 14A.254(a), eff. Acts 2017, 85th Leg., R.S., Ch. The the lease on our 2016 Honda CR-V comes up this . . (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. 863, Sec. 3.04, eff. 21, eff. (2) money stated to be a down payment in an executed retail sales contract. September 1, 2013. September 1, 2013. 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. The retailer must also provide the required information, supporting documents and fees to the TDHCA. (b) If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. 34, eff. (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under Section 1201.404; or. 2438), Sec. June 18, 2003. 1201.153. (2) the home is offered as real property. 1201.501. (b) A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home. 2019), Sec. 2019), Sec. 1460), Sec. 2019), Sec. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2008. 1079 (H.B. Added by Acts 2001, 77th Leg., ch. Manufactured Home Property Tax Services. (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. January 1, 2008. If you lease a car, don't think you can get out of payments just because you're dead. Sec. 17, 18, eff. 3.14, eff. (a) An applicant for a license or a license holder shall file a bond or other security under Section 1201.105 for the issuance or renewal of a license in the following amount: (a-1) Notwithstanding the provisions of Subsection (a), the director may require additional security for the licensing, renewal, or relicensing of a person, or the sponsoring of a salesperson, who, either directly, as a related person, or through a related person, has been the subject of a license revocation, has caused the manufactured homeowner consumer claims program to incur unreimbursed costs or liabilities in excess of available surety bond coverage, or has failed to pay an administrative penalty that has been assessed by final order. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. (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. January 1, 2008. Sec. (b) A license application must be accompanied by: (1) proof of the security required by this subchapter; (2) payment of the fee required for issuance of the license; and. September 1, 2009. 2, eff. (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. In the event that you sell or transfer ownership of a home, the SOL must be . September 1, 2009. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 2, eff. PROBATION. She holds a B.A. Acts 2013, 83rd Leg., R.S., Ch. 19, eff. 1201.113. Category: Texas Real Estate - Manufactured Homes. 863 (H.B. 863 (H.B. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. January 1, 2008. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. CORRECTIVE ACTION REQUIRED. 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. (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. Section 4001 et seq. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. 1460), Sec. The Louisiana Manufactured Housing Association (LMHA) is a nonprofit trade association formed in 1966 to preserve and promote the manufacutured and modular housing industry in the State of Louisiana. Click here to access an Open Records Request form. 2019), Sec. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. Acts 2007, 80th Leg., R.S., Ch. (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). January 1, 2008. 40, eff. 1201.154. 1201.111. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 37, eff. (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. 2, eff. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. MANUFACTURER'S WARRANTY. September 1, 2017. The definition of a manufactured home per section 32.015 of the Texas Property Tax Code is: (c) A manufactured home has the meaning assigned by section 1201.003 of the Occupations Code. September 1, 2017. 73(a)(3), eff. September 1, 2017. (a-1)An appraisal district may rely upon the computer records of the Texas Department Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. (2) submit to a credit underwriter or lending institution information known to be false or misleading. 408 (H.B. 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. 2019), Sec. window.status = msgStr; 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. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. 2019), Sec. DISCLOSURE BY RETAILER AND LENDER. (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. Acts 2011, 82nd Leg., R.S., Ch. 24, eff. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. The TDHCA requires a copy of the title commitment or policy. Section 1201.003 of the Texas Occupations Code 1201.103. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. (3)the applicant demonstrates ownership of the manufactured home under Subsection Acts 2007, 80th Leg., R.S., Ch. A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Added by Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. The appellant shall be provided at least three days' notice of the time and place of the hearing. Acts 2017, 85th Leg., R.S., Ch. 85(1), eff. Sec. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. September 1, 2017. 1460), Sec. 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. September 1, 2017. 408 (H.B. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. LICENSE FEES. January 1, 2008. 39, eff. A person is not legally allowed to buy, transfer, or sell a mobile home without a certificate of title or Statement of Ownership or Location (SOL). (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sec. (c) A person who is eligible for an exemption under this section remains subject to the other applicable provisions of this subchapter regarding the sale of manufactured homes. 63, eff. 14A.257(b), eff. 14A.261(a), eff. 15(3), eff. 12, eff. 944), Sec. 863 (H.B. 48, eff. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. 16, eff. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department. 1201.457. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. 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. 36, eff. (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. Added by Acts 2003, 78th Leg., ch. 3613), Sec. AMOUNT OF FEES. Breaking a lease due to disability can also be costly. Sept. 1, 2003. home; or. June 18, 2003. 2238), Sec. BROKER. 863 (H.B. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. 1284 (H.B. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. 1201.114. A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable. 1201.503. September 1, 2011. (5) the expansion of certain regulatory powers is: (A) necessary to address the problems described by Subdivisions (1)-(4); and. // function that displays status bar message 85(3), eff. 73(a)(3), eff. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home. 36, eff. 10, eff. 1460), Sec. 1460), Sec. 863 (H.B. Amended by Acts 2003, 78th Leg., ch. 52, eff. 2438), Sec. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. (b) The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director. The rules must protect a lienholder recorded with the department. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. (b) The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . (c-1) An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113. This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. 2, eff. Box 4663Houston, Texas 77210 Email: [email protected], 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. Acts 2017, 85th Leg., R.S., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. . Acts 2017, 85th Leg., R.S., Ch. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1284 (H.B. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. Attach the mobile home statement of ownership and location or sales contract. PROCEDURE FOR ADOPTING RULES. 863 (H.B. . Acts 2017, 85th Leg., R.S., Ch. NOTICE OF NEED FOR WARRANTY SERVICE. 1201.461. 3361), Sec. (c) The board shall establish a fee for the inspection of the installation of a mobile or HUD-code manufactured home, to be paid by the installer of the home. Sec. 11, eff. 408 (H.B. September 1, 2017. In our commitment to open government, we invite open records requests in writing. September 1, 2017. The warranty may expressly disclaim or limit any warranty regarding cosmetic defects. Acts 2007, 80th Leg., R.S., Ch. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. 1421, Sec. 77 (H.B. 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. 1201.301. June 18, 2003. 863 (H.B. 1201.156. 2438), Sec. September 28, 2011. 408 (H.B. 1801 Congress Ave . (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. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. Current as of April 14, 2021 | Updated by FindLaw Staff. September 1, 2011. Sec. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. 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. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. June 18, 2003. (2) each lienholder gives written consent, to be placed on file with the department. 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; VOIDABLE CONTRACT. Questions or comments, please call 1-800-500-7074. } 1079 (H.B. Sec. 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. 1201.220. 338, Sec. (D) perfected and enforceable tax liens not extinguished and canceled in accordance with Section 32.015, Tax Code. 1201.409. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . Sec. September 1, 2017. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. 2, eff. Acts 2017, 85th Leg., R.S., Ch. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. September 1, 2017. June 18, 2003. PROHIBITED RETENTION OF DEPOSIT. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. September 1, 2017. 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. 408 (H.B. (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. 1079 (H.B. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . September 1, 2017. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. September 1, 2013. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. 37, eff. (a) A manufacturer may not sell or exchange, or offer to sell or exchange, a manufactured home to a person in this state who is not a licensed retailer. (3) shall comply with all applicable provisions of the Finance Code. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. January 1, 2008. Section 5401 et seq.) Added by Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. September 1, 2013. STATE INSPECTORS. Sec. 1510), Sec. Sec. 1201.405. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. 7, eff. 863 (H.B. 3.12, eff. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; (a) Except as otherwise provided by Subchapter C, a payment made under the manufactured homeowner consumer claims program shall be paid directly to a consumer or, at the director's option, to a third party on behalf of a consumer to compensate 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: (3) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1201.151. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. Amended by Acts 2003, 78th Leg., ch. All rights reserved. 863 (H.B. Sec. 408 (H.B. (2) the holder of a lien or security interest of record. 863 (H.B. June 18, 2005. (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. (h) If a person selling a manufactured home to a consumer for residential use fails to file with the department the application for the issuance of a statement of ownership and the appropriate filing fee before the 61st day after the date of the sale, the department may assess a fee of at least $100 against the seller.