A Statement of Ownership must replace any certificate of title. 58, eff. January 1, 2008. September 1, 2017. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. (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. 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. Sec. Sec. They also need the approval of each lien holder and must place the lien holders' written consent on file with the TDHCA. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 1201.603. Sec. Added by Acts 2001, 77th Leg., ch. 1201.109. June 18, 2003; Acts 2003, 78th Leg., ch. Sec. Acts 2013, 83rd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. MANUFACTURER'S WARRANTY. (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. 408 (H.B. 408 (H.B. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. Section 5401 et seq.). June 18, 2005. 55, eff. 2019), Sec. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. Texas Occupations Code Section 1201.003 - Definitions (b) Except as provided by Subsection (a) and subject to Subsection (d), a lien on a manufactured home is perfected only by filing with the department the notice of lien on a form provided by the department. (e) The applicant shall pay the cost of a criminal history check under this section. 01/16/18 . home; or. 1095 (H.B. 2, eff. 32, eff. Acts 2005, 79th Leg., Ch. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. January 1, 2008. 408 (H.B. 338, Sec. Sec. 1079 (H.B. Stay up-to-date with how the law affects your life. 408 (H.B. Shop the Trumh mobile homes and manufactured homes from Mobile Home Corpus Christi, one of the best sellers for TRU manufactured homes. September 1, 2017. Acts 2005, 79th Leg., Ch. The Statement provides, among other things: . Added by Acts 2001, 77th Leg., ch. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. June 1, 2003. Buyers should first determine what supporting documents they'll need when filing for the ownership document, as well as any fees by referring to the agency's requirements for Applying for a Statement of Ownership (PDF). Added by Acts 2001, 77th Leg., ch. 863 (H.B. September 1, 2009. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. 2238), Sec. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. (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. Sec. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. 1201.056. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. When the ownership of a home changed, an application for title transfer had to be submitted to the Manufactured Housing Division (Department), and a new title would be issued. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. Any person is allowed to sell one manufactured home in a twelve-month period. 1201.1025. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. September 1, 2009. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 25, eff. Buying Mobile Homes in Texas? Read This BEFORE You Buy! | Blog September 1, 2011. Added by Acts 2017, 85th Leg., R.S., Ch. The dos and don'ts of buying manufactured housing 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. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. (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. 863 (H.B. H. OUSING . 77 (H.B. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. 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. September 1, 2017. (b) If a home does not have a serial number, seal, or label, the tax appraiser or tax assessor-collector may apply to the department for a seal if the tax appraiser or assessor-collector assumes full responsibility for the affixation of a seal to the home and the seal is actually affixed on the home. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 Internet Address: APPLICATION FOR STATEMENT OF OWNERSHIP The filing of an application for the issuance of a Statement of Ownership later than . September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. 1510), Sec. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. Acts 2009, 81st Leg., R.S., Ch. 2019), Sec. If the changes are not properly recorded with the Appraisal District, sellers may find themselves being sued for taxes incurred after they sold the home and buyers may be faced with unexpected tax bills for prior years omitted from the tax roll or that had invalid exemptions. (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. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. June 18, 2003. (a) Application Requirements. 2741), Sec. 863 (H.B. Amended by Acts 2003, 78th Leg., ch. Louisiana - Wikipedia September 1, 2017. (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. September 1, 2017. (a) A retailer or broker: (1) shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. 1201.360. Sec. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 2019), Sec. (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. Acts 2017, 85th Leg., R.S., Ch. DIRECT CONSUMER COMPENSATION. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. Mobile Homes - Michigan If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. Sec. D. IVISION. AMOUNT OF FEES. 3.11, eff. 381 Frontage Road Princeton, WV 24739. 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. September 1, 2009. 863 (H.B. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. September 1, 2017. (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. EXCEPTIONS TO LICENSE REQUIREMENT. 1460), Sec. 46, Sec. Acts 2005, 79th Leg., Ch. The United States has had its fair share of strange legislation in its existence thus far. 2019), Sec. 1201.116. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. June 18, 2003. 408 (H.B. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. 47, eff. (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. 4, eff. 2019), Sec. 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. As otherwise indicated below. LICENSE EXPIRATION. 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. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. SEAL OR LABEL REQUIRED. Current as of April 14, 2021 | Updated by FindLaw Staff. 85(5), eff. September 1, 2017. 3361), Sec. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. 2, eff. Section 5401 et seq. Acts 2007, 80th Leg., R.S., Ch. The TDHCA requires an inspection and lien search to prove there are no liens on the property. 863 (H.B. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. 2019), Sec. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 1201.303. 9, eff. (f) This section does not apply if the person who owns the real property on which the manufactured home is located and who is declaring that the home is abandoned, or any person who is related to or affiliated with that person, has now, or has ever owned, an interest in the manufactured home. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. QUALIFICATIONS FOR LICENSE. (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. Amended by Acts 2003, 78th Leg., ch. CORRECTIVE ACTION REQUIRED. 2019), Sec. (1) shall advise each local governmental unit biennially in writing of the program for contracting installation inspections; (2) shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit; and. 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. 85(5), eff. (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. 2, eff. (b) If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. September 1, 2017. 2019), Sec. September 1, 2011. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. DENIAL OF LICENSE; DISCIPLINARY ACTION. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. 2019), Sec. (d) A civil action to enjoin a violation of this section may be brought by: (1) a purchaser in the county in which the violation occurs; or. 1201.204. Amended by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 35, eff. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. January 1, 2008. By Email: mhtaxes . VENUE FOR HEARING. JUDICIAL REVIEW. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. 1201.111. APPLICABILITY OF BUSINESS & COMMERCE CODE. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. (29) "Standards code" means the Texas Manufactured Housing Standards Code. window.status = msgStr; Please do not include open records requests with any other Tax Office correspondence. Sec. The amended report and order supersede the initial report and order. Amended by Acts 2003, 78th Leg., ch. Code, Chapter 1201). 2, eff. 408 (H.B. 2, eff. (b) Payment by the surety or from the other security must be made not later than the 30th day after the date of notice from the director that a consumer claim has been paid. 1201.216. 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.". If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. HABITABILITY. 408 (H.B. 2438), Sec. 2019), Sec. Mobile Home Titles in Texas - MobileHomeHQ.com September 1, 2017. 85(5), eff. 2019), Sec. Sort By. September 1, 2009. 1510), Sec. Acts 2007, 80th Leg., R.S., Ch. 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. 2438), Sec. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Since 2003, the State of Texas no longer issues Titles and Certificates of Attachment. (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. The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. 1201.113. 863 (H.B. 62, eff. Amended by Acts 2003, 78th Leg., ch. Once the agency deems the application complete, it issues the Statement of Ownership. Sec. Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems. Added by Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. 408 (H.B. Sec. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. (c) If the department experiences significant problems in obtaining timely reimbursements from a surety or the surety has experienced a deterioration in its financial condition, the board may direct the director to stop accepting bonds issued by the surety. 22, eff. 2019), Sec. September 1, 2017. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. 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. } January 1, 2008. Breaking a lease due to disability can also be costly. 2019), Sec. 2019), Sec. If a homeowner finds an error on a Statement of Ownership, they can inform the agency by: 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. (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. 1135 (H.B. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. document.returnValue = false; (b) At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document. 2238), Sec. In order to be deemed complete, an application for a Statement of Ownership must include, as applicable: (1) A completed and fully executed Application for Statement of Ownership on the Department's prescribed current form (2) The required fee; (3) If the statement . 1284 (H.B. The department shall disclose on its website the date of each lien filing. 15, eff. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial.