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

1460), Sec. 1420), Sec. 74.06, eff. (1) the statement of ownership and location for the home issued under Section 1201.207, Occupations Code, reflects that the owner has elected to treat the home as real property . 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. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting Acts 2007, 80th Leg., R.S., Ch. 1201.456. Acts 2005, 79th Leg., Ch. Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. 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 reserved for a business use. 2438), Sec. 2438), Sec. Added by Acts 2001, 77th Leg., ch. The bond or other security is payable to the manufactured homeowner consumer claims program. (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. There is no fee required if there are no changes to the property and you send the original title document to the DMV. September 1, 2011. (a) To recover under the manufactured homeowner consumer claims program, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of: (1) the date of the alleged act or omission causing the actual damages; or. Acts 2007, 80th Leg., R.S., Ch. 1201.214. L. No. and. (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. June 18, 2005. 46 (H.B. September 1, 2017. M. ANUFACTURED . (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. Added by Acts 2013, 83rd Leg., R.S., Ch. (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. Amended by Acts 2003, 78th Leg., ch. (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. 1460), Sec. Before buying a mobile home or transferring ownership in Texas, you want to first check the department records for tax liens, mortgage liens, and current ownership information. (a) To ensure that a manufactured home sold or installed in this state complies with the standards code, the director may by contract provide for a federal agency or an agency or political subdivision of this state or another state to perform an inspection or inspection program under this chapter or under rules adopted by the board. 1421, Sec. Emailing the TDHCA at [email protected], Sending their concerns via mail to TDHCA, P.O. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205; and (B) other information required by this chapter. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. 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. (a) The department shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. 408 (H.B. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. (2) to a purchaser for the purchaser's business use or another nonresidential use. (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. Added by Acts 2001, 77th Leg., ch. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. January 1, 2008. (a-1) If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable. 1201.606. 3361), Sec. 1201.206. 863 (H.B. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. Acts 2017, 85th Leg., R.S., Ch. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. 77 (H.B. 499), Sec. INSPECTION BY LOCAL GOVERNMENTAL UNITS. 70, eff. Sec. 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. Our Association made up of manufactured housing builders, retailers, and suppliers in and aound the state of Louisiana encourages manufactured . 2019), Sec. 1421, Sec. (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. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). 1270 (H.B. September 1, 2017. Fort Worth, TX 76196. (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. INSPECTION OF LICENSEE RECORDS. INSPECTION SEARCH WARRANTS. 20, eff. 2019), Sec. 2019), Sec. 1201.602. The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home. INSPECTION, REVIEW, AND RELATED FEES. 1201.251. 1201.603. 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. (12) any other information the board requires. September 1, 2017. September 1, 2017. A violation of this subsection is a Class B misdemeanor. September 1, 2011. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. Acts 2007, 80th Leg., R.S., Ch. Any license under this chapter is valid for two years. Login ID. Sec. Acts 2007, 80th Leg., R.S., Ch. First, contact the Texas Department of Housing and Community Affairs - Manufactured Housing Division at 800-500-7074 or 512-475-2200 and explain your exact situation. Sec. Contact us. 863 (H.B. 1201.219. (a-1)An appraisal district may rely upon the computer records of the Texas Department Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. 77 (H.B. The board shall issue an order after receiving a proposal for decision. 2019), Sec. Sec. January 1, 2008. 2019), Sec. (b) If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department. Acts 2007, 80th Leg., R.S., Ch. 1201.254. How to File for a Homestead Exemption in Texas, How to Transfer a Land Title in Bexar County, Texas, Applying for a Statement of Ownership (PDF), Texas Department of Housing and Community Affairs, Manufactured Housing Division: Frequently Asked Questions: Statement of Ownership and Location, Texas Department of Housing and Community Affairs, Manufactured Housing Division:Statement of Ownership and Location (SOL) Application Instructions, Texas Department of Housing and Community Affairs, Manufactured Housing Division: Consumer Protection and General Information, Texas Department of Housing and Community Affairs, Manufactured Housing Division: APPLICATION FOR STATEMENT OF OWNERSHIP. 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. (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. (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. 1460), Sec. If the seller files the SOL form after 60 days, they can face a fee of up to $100. (29) "Standards code" means the Texas Manufactured Housing Standards Code. Sec. You can find additional help in the SOL Application Instructions. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. The Texas SOL application will help transfer the home from the current seller to the new buyer. 16, eff. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. September 28, 2011. 338, Sec. Sec. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. 1095 (H.B. Sec. (3) is not subject to an action by the department for failure to provide warranty service. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. Sec. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. (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. (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. September 1, 2017. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. Added by Acts 2001, 77th Leg., ch. 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. SALESPERSON. Acts 2009, 81st Leg., R.S., Ch. They also need the approval of each lien holder and must place the lien holders' written consent on file with the TDHCA. 77 (H.B. (b) The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format. MANUFACTURED HOUSING. 1079 (H.B. 57, eff. Sec. 1421, Sec. 2, eff. 408 (H.B. 1284 (H.B. 863 (H.B. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. Added by Acts 2001, 77th Leg., ch. January 1, 2008. 14, eff. Added by Acts 2003, 78th Leg., ch. 1201.205. 46 (H.B. January 1, 2008. 338, Sec. 1460), Sec. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. Application . 1201.1511. 1460), Sec. The retailer must also provide the required information, supporting documents and fees to the TDHCA. is listed on the tax rolls with the real property to which it is attached or listed June 18, 2005. 51. Added by Acts 2001, 77th Leg., ch. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. 6, eff. (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. September 1, 2017. SEAL PROPERTY OF DEPARTMENT. 2019), Sec. The board shall issue an order after receiving a proposal for decision. (2) each lienholder, including a taxing unit, gives written consent, to be placed on file with the department. PROCEDURE FOR ADOPTING RULES. (b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license. 2019), Sec. 26, eff. Acts 2007, 80th Leg., R.S., Ch. 3361), Sec. ownership interest in the development, except for a tax credit . 1201.255. 1201.113. Section 3282.8(g). 2, eff. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. Sept. 1, 2003. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. June 18, 2003; Acts 2003, 78th Leg., ch. January 1, 2008. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . (b) An offense under this section is a Class A misdemeanor punishable by: (2) confinement in county jail for a term of not more than one year; or. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). 2, eff. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. June 20, 2003. 1201.056. 60, eff. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; MANUFACTURED HOME ABANDONED. ADMINISTRATIVE PENALTY. (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. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; regardless of whether the applicant has elected to treat the manufactured home as September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. Acts 2005, 79th Leg., Ch. 3361), Sec. (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. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. (a) The board shall adopt standards and requirements for: (1) the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and. 2019), Sec. 1079 (H.B. 1421, Sec. (3) $4,000 for each subsequent violation. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. 408 (H.B. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. Sec. (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. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. They are non-refundable. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. (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. (a) A person is eligible to sign a right of survivorship agreement under this subchapter if the person: (1) is married and the spouse of the signing person is the only other party to the agreement; (2) is unmarried and attests to that unmarried status by affidavit; or. 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. June 1, 2003. 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 . 1460), Sec. Sec. 19, eff. Acts 2013, 83rd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 3, eff. . June 1, 2003. Added by Acts 2001, 77th Leg., ch. 1460), Sec. A person can get a certified copy of a current Statement of Ownership for free by mailing or faxing the request to 512-475-1109, or email the request to [email protected]. 1284 (H.B. 408 (H.B. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. TTY (512) 389-8915. [email protected]. Sec. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. 408 (H.B. (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. 863 (H.B. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. Sec. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. (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. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. In order to satisfy this requirement, the property owner may apply to . (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). 46 (H.B. June 18, 2003. in Communications and English from Niagara University. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. A. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. (4) all exterior doors and windows are in place and operate properly. A license may be renewed as provided by the director. 15(3), eff. Acts 2017, 85th Leg., R.S., Ch. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. 3.04, eff. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. 1460), Sec. 1201.117. WIND ZONE REGULATIONS. 48, eff. Sec. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. September 1, 2017. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. 1421, Sec. (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. 44, eff. FORMS; RULES. June 1, 2003. Sec. 863 (H.B. 27, eff. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers.