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

CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE. and. Section 5401 et seq. 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. Added by Acts 2001, 77th Leg., ch. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. 863 (H.B. September 1, 2017. 408 (H.B. Sec. (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. 1201.361. June 18, 2003. 1, eff. September 1, 2017. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. Attach a copy of document of statement of ownership and location issued by the Texas Department of Housing and Community Affairs if home is 8' by 40' or . Acts 2017, 85th Leg., R.S., Ch. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. 51, eff. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. 1510), Sec. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 71, eff. PERFECTION, EFFECT, AND RELEASE OF LIENS. 2, eff. 338, Sec. September 1, 2017. 1201.501. 408 (H.B. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. 2438), Sec. 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. 1201.354. Sec. (2) money stated to be a down payment in an executed retail sales contract. 1276, Sec. PROHIBITED RETENTION OF DEPOSIT. 2019), Sec. 863 (H.B. 42, eff. 1201.358. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 6, eff. Texas Parks and Wildlife. View License Records. 2438), Sec. 10, eff. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. 2019), Sec. (D) perfected and enforceable tax liens not extinguished and canceled in accordance with Section 32.015, Tax Code. Sec. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 2019), Sec. (b) The director may issue an order to any person to cease and desist from violating any law, rule, or written agreement or to take corrective action with respect to any such violations if the violations in any way are related to the sale, financing, or installation of a manufactured home or the providing of goods or services in connection with the sale, financing, or installation of a manufactured home unless the matter that is the basis of such violation is expressly subject to inspection and regulation by another state agency; provided, however, that if any matter involves a law that is subject to any other administration or interpretation by another agency, the director shall consult with the person in charge of the day-to-day administration of that agency before issuing an order. Sec. June 18, 2005. Amended by Acts 2003, 78th Leg., ch. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. You can find additional help in the SOL Application Instructions. The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. Sec. Acts 2017, 85th Leg., R.S., Ch. (a) The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter. Please visit. The instruction under this subsection is in addition to the instruction required under Subsection (a). (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. CONSUMER COMPENSATION. (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. Sept. 1, 2003. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. 1460), Sec. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. 1201.117. 2315), Sec. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. 2019), Sec. 11, eff. 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. (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. 2019), Sec. January 1, 2008. 863 (H.B. June 1, 2003. September 1, 2017. 1201.118. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. June 1, 2003. Sec. January 1, 2008. 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. 1201.458. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. 1201.109. 52, eff. CORRECTIVE ACTION REQUIRED. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; September 1, 2017. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Houston, Texas 77210-2109. September 1, 2017. 3.10, eff. 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. (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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). 863 (H.B. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. 1201.114. 863 (H.B. 1460), Sec. 1201.161. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. (e) The lists to be provided under this section may be provided electronically. (2) govern the business conduct of license holders. 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. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. 15(3), eff. 1460), Sec. 338, Sec. (d) The director may impose an administrative penalty in accordance with this section. 1421, Sec. (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. Once all of the documents are signed, the buyer will need to register their new home with the DMV. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 2, eff. 10, eff. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. (e) A person may not repair, rebuild, or otherwise refurbish a salvaged manufactured home unless the person complies with the rules of the director relating to rebuilding a salvaged manufactured home. (c) On receipt of a notice of intent to declare a manufactured home abandoned, the record owner of the home, a lienholder, a tax assessor-collector for a taxing unit that imposes ad valorem taxes on the real property on which the home is located, or an intervening owner of a lien or equitable interest may enter the real property on which the home is located to remove the home. Acts 2007, 80th Leg., R.S., Ch. REPORT TO CHIEF APPRAISER. Section 5401 et seq. September 1, 2009. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. 3.14, eff. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 2019), Sec. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. Acts 2017, 85th Leg., R.S., Ch. (d) Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. 1201.212. Acts 2007, 80th Leg., R.S., Ch. Sec. 2438), Sec. Sec. 2019), Sec. 408 (H.B. Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. Acts 2007, 80th Leg., R.S., Ch. Home ownership data was last updated on 03/02/2023. 338, Sec. 1201.201. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. January 1, 2008. License Holder Name [Help] Associate First Name. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. (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 2017, 85th Leg., R.S., Ch. 1201.503. 1421, Sec. How to Locate Mobile Home Titles in Texas. If for any reason the seller or transferor does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. Acts 2017, 85th Leg., R.S., Ch. (a-1) If the applicant is not an individual, the applicant must have at least one related person who satisfies the requirements of Subsection (a). Issuance of Statements of Ownership. The Texas Department of Housing and Community Affairs (TDHCA) issues a Statement of Ownership instead of a mobile home title to homeowners when transferring or selling a mobile home. 1284 (H.B. Acts 2017, 85th Leg., R.S., Ch. June 18, 2005. 30, eff. June 18, 2003. 2, eff. 1201.155. 1201.362. Sec. 34, eff. 863 (H.B. 1421, Sec. Added by Acts 2001, 77th Leg., ch. EXEMPTION FOR CERTAIN EMERGENCY HOUSING. 863 (H.B. 1510), Sec. 1201.216. 1460), Sec. June 18, 2003. (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; September 1, 2013. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. You will need to pay a $55 issuance fee for a new SOL. 10, eff. January 1, 2008. Added by Acts 2001, 77th Leg., ch. (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. June 18, 2003. 3361), Sec. 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. (b) In enforcing this chapter, the director may authorize a state inspector to travel inside or outside of the state to inspect a licensee. 1460), Sec. 20, 21, eff. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. Amended by Acts 2003, 78th Leg., ch. 3613), Sec. 18, eff. (e) The applicant shall pay the cost of a criminal history check under this section. D. IVISION. 73(a)(5), eff. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. 1284 (H.B. 2438), Sec. Manufactured Housing Division - Online Statement of Ownership Application System. 59, eff. 3.06, eff. 408 (H.B. 863 (H.B. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. Sec. Acts 2005, 79th Leg., Ch. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. 863 (H.B. (a) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. 408 (H.B. September 1, 2013. Sec. 408 (H.B. 2019), Sec. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. 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. (2) to a purchaser for the purchaser's business use or another nonresidential use. Sec. September 1, 2011. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. 17, eff. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. (c)The owner of land that qualifies as a residence homestead under this section is The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. 2019), Sec. Acts 2013, 83rd Leg., R.S., Ch. (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. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. 2019), Sec. (d) A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. Obtain a expertly-drafted, state-specific template within minutes. The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. (2) the county in which the violation occurs. 1460), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (a-1). Married couple will be the only owners and agree that the . 863 (H.B. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 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. Attach the mobile home statement of ownership and location or sales contract. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. 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. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. 408 (H.B. (1) contain the information required by the United States Department of Housing and Urban Development; and. 1421, 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. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems. Homestead Exemption for Manufactured Home - last updated April 14, 2021 (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 1201.6041. INSPECTIONS. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. 40, eff. 1460), Sec. Section 5401 et seq. 1201.154. Acts 2017, 85th Leg., R.S., Ch. 1510), Sec. 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. September 1, 2017. The Statement of Ownership is what confirms ownership and liens recorded with the Department. (2) the real property owner may declare the home abandoned and may apply to the department for a statement of ownership listing the real property owner as the owner of the manufactured home. Sec. 408 (H.B. (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation. 1201.156. 1201.607. 60, eff. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. ELECTRONIC PUBLIC RECORDS REQUIRED. (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. September 1, 2013. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. Sec. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. The instruction under this subsection is in addition to the instruction required under Subsection (a). Acts 2007, 80th Leg., R.S., Ch. 338, Sec. 85(3), eff. (g) An order of suspension under Subsection (f) may be appealed. 1421, Sec. 1079 (H.B. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. 2, eff. September 1, 2017. September 1, 2017. 85(2), eff. (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code. Any person is allowed to sell one manufactured home in a twelve-month period. Laredo Texas Statement of Ownership and Location Take advantage of our comprehensive internet form library to make sure you always are able to get up-to-date samples that are completely ready for downloading, preparing, and signing. 2019), Sec. (b) The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of the home. QUALIFICATIONS FOR LICENSE. June 18, 2005. (b) As a part of the application, the purchaser or transferee must certify to the receipt of a written notice that the home is not or may not be habitable.