(j) Repealed by Acts 2017, 85th Leg., R.S., Ch. (2) payment of any use tax owed to the state. 57, eff. 1201.002. 863 (H.B. 51, eff. September 1, 2013. 17, eff. September 1, 2017. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. Acts 2007, 80th Leg., R.S., Ch. "; (8) a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names; (10) a statement of whether the owner has elected to treat the home as real property; (11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and. (26-a) "Sales purchase contract" means the contract between a retailer and a consumer for the purchase of a manufactured home from the retailer. 1460), Sec. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. June 1, 2003. Acts 2005, 79th Leg., Ch. Sec. Sec. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. 1201.010. To replace a Certificate of Attachment (COA) for a real property SOL, you need to send an SOL application and the original COA or an affidavit of fact which states that the COA was filed in the real property records. (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. January 1, 2008. 2019), Sec. approved by the secretary of housing and urban development. (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. 20, eff. Sec. 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. A bond is not required of the director with respect to injunctive relief granted under this subsection. 5, eff. Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. (C) the use of the property is changed as described by Section 1201.216. 2019), Sec. 1284 (H.B. Section 5401 et seq. 85(1), eff. subchapter a: codes, standards, terms, fees and administration: subchapter b: . (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. 1201.359. If required by law or otherwise necessary, the director may obtain an inspection search warrant. Sec. (a) A retailer or manufacturer may not transfer ownership of a HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to a consumer unless the retailer or manufacturer delivers to the consumer a formaldehyde health notice, subject to the director's rules concerning the notice. The period for the performance of any required warranty work may be shortened by the director as much as is feasible if the warranty work is believed necessary to address a possible imminent threat to health or safety. 1460), Sec. Sec. 1284 (H.B. (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). 38, eff. (11) failed to pay the required fee to obtain or renew a license. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. The term includes the modification of a manufactured home in a manner that may affect the home's compliance with the appropriate standards but does not include: (A) the repair or replacement of a component or appliance that requires plug-in to an electrical receptacle, if the replaced item is of the same configuration and rating as the replacement; or. The Statement provides, among other things: . Acts 2017, 85th Leg., R.S., Ch. 3361), Sec. 40, eff. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. January 1, 2008. 1460), Sec. 66, eff. September 1, 2017. 338, Sec. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; 338, Sec. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. (1) directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) or who is out of business; and. 27, eff. 2438), Sec. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. 19, eff. If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. If one has a manufactured home that lacks a title, a plate with the serial or . Acts 2017, 85th Leg., R.S., Ch. 8(1), eff. 2019), Sec. 59, eff. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. Acts 2007, 80th Leg., R.S., Ch. 863, Sec. A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed. 1421, Sec. 25, eff. 36, eff. June 1, 2003. 39, eff. Sec. regardless of whether the applicant has elected to treat the manufactured home as Once the department issues a statement of ownership, the department shall not alter the record of the ownership or lien status, other than to change the record to accurately reflect the proper owner's or lienholder's identity or to release a lien if an authorized lienholder files with the department a request for that release, of a manufactured home for any activity occurring before the issuance of the statement of ownership without either the written permission of the owner of record for the manufactured home, their legal representative, or a court order. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. Fort Worth, TX 76196. (b) On receipt of a verified complaint, the department shall: (1) notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and. (C) does not include a recreational vehicle as defined by 24 C.F.R. (d) After consideration of the comments, if any, the director shall issue a final determination. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. Sec. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. Section 1026.23. 1421, Sec. 3.06, eff. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. The instruction under this subsection is in addition to the instruction required under Subsection (a). Sec. (a) Except as provided by Subsection (g), as a requirement for a manufacturer's, retailer's, broker's, installer's, or salesperson's license, a person who was not licensed or registered with the department or a predecessor agency on September 1, 1987, must, not more than 12 months before applying for the person's first license under this chapter, attend and successfully complete eight hours of instruction in the law, including instruction in consumer protection regulations. In the State of Texas, all mobile or manufactured home Statement of Ownership are issued by the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division located in Austin. Acts 2011, 82nd Leg., 1st C.S., Ch. Acts 2017, 85th Leg., R.S., Ch. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 408 (H.B. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** This chapter may be cited as the Texas Manufactured Housing Standards Act. Acts 2009, 81st Leg., R.S., Ch. 863 (H.B. 1460), Sec. (f-1) A retailer may not be licensed to operate more than one location under a single license. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. 1460), Sec. entitled to obtain the homestead exemptions provided by Section 11.13 and any other benefit granted under this title to the owner of a residence homestead The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. 338, Sec. Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 29, eff. 338, Sec. June 1, 2003. 61, eff. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). 1421, Sec. 863 (H.B. 530 (S.B. Acts 2005, 79th Leg., Ch. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. 408 (H.B. 2, eff. 2019), Sec. 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. September 1, 2013. 27, eff. 33, eff. Sec. 30, eff. 1460), Sec. (b) A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit. (a-1) For the period immediately following June 30 of each year, the department shall, except for applications relating to new manufactured homes and applications accompanied by a tax certificate, cease issuing statements of ownership until all tax liens filed with the department before June 30 have been processed and either recorded or rejected. (a) The department shall make available in electronic format, or in hard-copy format on request, to each chief appraiser of an appraisal district in this state a monthly report that, for each manufactured home reported as having been installed during the preceding month in the county for which the district was established and for each manufactured home previously installed in the county for which a transfer of ownership was recorded by the issuance of a statement of ownership during the preceding month, lists: (2) the name of the manufacturer of the home, if available; (3) the model designation of the home, if available; (4) the identification number of each section or module of the home; (5) the address or location where the home was reported as installed; and. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. 944), Sec. September 1, 2011. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. The TDHCA will review the initial Statement of Ownership application. Acts 2005, 79th Leg., Ch. (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. You can do this by either searching the Manufactured Home Ownership Records database online or calling the Texas Department of Housing and Community Affairs directly. 2.001. You will need a Bill of Sale and a statement from the Tax Assessor-Collector at the local tax collectors office to prove all taxes have been paid on the home. INSTALLATION OF MANUFACTURED HOUSING. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. The rules must protect a lienholder recorded with the department. Acts 2005, 79th Leg., Ch. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.452. 1460), Sec. Sec. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. } 2019), Sec. Acts 2005, 79th Leg., Ch. 1276, Sec. Acts 2007, 80th Leg., R.S., Ch. (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. 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. 863 (H.B. 408 (H.B. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. Sec. Section 1601 et seq.). 45, eff. 1201.2076. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. Section 5401 et seq. 1421, Sec. 1201.159. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. 1016, Sec. Added by Acts 2001, 77th Leg., ch. Sec. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying . Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting Acts 2011, 82nd Leg., R.S., Ch. 46 (H.B. 1460), Sec. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 28, eff. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. 18, eff. 1201.512. ADVERTISEMENT AS OFFER. 2, eff. 3361), Sec. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. September 1, 2011. September 1, 2017. Sec. Obtain a expertly-drafted, state-specific template within minutes. September 1, 2009. Bush State Office Building. 3.04, eff. Added by Acts 2001, 77th Leg., ch. September 28, 2011. (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. 31, eff. 23, eff. 46 (H.B. Acts 2017, 85th Leg., R.S., Ch. (b) The manufacturer's warranty is in effect until at least the first anniversary 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 an already installed new home, whichever is later. (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. September 1, 2017. Sec. 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. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. 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. 2, eff. September 1, 2011. 1201.406. September 1, 2009. HEARING ON STANDARD OR REQUIREMENT. if (document.images) {document.images[id].src=eval(name+".src"); } Section 5401 et seq. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. 863 (H.B. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. You may do so by searching our database on the web, or . SECURITY: DURATION. September 1, 2017. 2, eff. (3)the applicant demonstrates ownership of the manufactured home under Subsection 1201.505. (d) If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument. Acts 2017, 85th Leg., R.S., 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. (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. 338, Sec. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. P.O. January 1, 2008. 1201.610. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. 1201.107. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer. // LiaJavaInput Those numbers identify the mobile home when you look up taxes and liens associated with the property. September 1, 2013. 338, Sec. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. January 1, 2008. 64, eff. January 1, 2008. January 1, 2008. (512) 389-4800. } Copyright 2023, Thomson Reuters. 3361), Sec. 1201.352. (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. (28) "Seal" means a device or insignia issued by the director that, for title purposes, is to be attached to a used manufactured home as required by the director. 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. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. 408 (H.B. Manufactured Housing Division - Online Statement of Ownership Application System. Sec. 85(4), eff. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. (c) The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action. 1079 (H.B. 2019), Sec. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection. Sec. January 1, 2008. 19, eff. 1421, Sec. 408 (H.B. (2) submit to a credit underwriter or lending institution information known to be false or misleading. License Status. 2019), Sec. 1201.461. The department may suspend or revoke the license of a retailer who fails to satisfy a perfected inventory lien. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or. Sec. The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a).
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