(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. 338, Sec. If they submit the application after 60 days, there will be a late fee charged up to $100. 1284 (H.B. September 1, 2013. Sec. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. Amended by Acts 2003, 78th Leg., ch. Section 5401 et seq. January 1, 2008. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. (b) The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale: (1) for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or. If required by law or otherwise necessary, the director may obtain an inspection search warrant. Sec. September 1, 2017. (2) the expiration of a period not to exceed 150 days. Sec. 67, eff. (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. Sec. H. OUSING AND . (3) shall comply with all applicable provisions of the Finance Code. September 1, 2017. January 1, 2008. (a) A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is: (1) to or through a licensed retailer; or. 863 (H.B. Sept. 1, 2003. 1201.107. 408 (H.B. L. No. 2438), Sec. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . 863 (H.B. (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. (2) to a purchaser for the purchaser's business use or another nonresidential use. 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 . Amended by Acts 2003, 78th Leg., ch. 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 In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. Acts 2007, 80th Leg., R.S., Ch. Sec. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 85(3), eff. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. document.returnValue = false; (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. Amended by Acts 2003, 78th Leg., ch. Home ownership data was last updated on 03/03/2023. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. 863 (H.B. (d) A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that: (1) the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area; (2) installation of the home is not permitted in a Wind Zone II county in this state; and. 2, eff. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. 2238), Sec. TITLE 7. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. 1201.302. 338, Sec. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. You should also check for delinquencies with the local tax office(s). Sec. GENERAL RULEMAKING AUTHORITY. (3) another state may prohibit installation of the home in a Wind Zone II or III area. 1079 (H.B. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . Sec. Acts 2011, 82nd Leg., 1st C.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. Added by Acts 2001, 77th Leg., ch. Current as of April 14, 2021 | Updated by FindLaw Staff. 2438), Sec. (B) the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected. 338, Sec. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. ELECTION BY OWNER. 1421, 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. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. June 18, 2003. Sec. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. 2019), Sec. (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. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. January 1, 2008. 2438), Sec. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. September 1, 2011. 2019), Sec. Added by Acts 2001, 77th Leg., ch. 15(3), eff. Prior to your mobile home closing - Continued. 1201.504. DECEPTIVE TRADE PRACTICES. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 38, eff. 1201.005. 6, eff. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. If one has a manufactured home that lacks a title, a plate with the serial or . Acts 2017, 85th Leg., R.S., Ch. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. 28, 51, eff. Section 5301 et seq.) Manufactured Housing has moved! Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. 2, eff. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. 2019), Sec. 2438), Sec. 2238), Sec. January 1, 2008. June 1, 2003. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. 1201.457. . Acts 2007, 80th Leg., R.S., Ch. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. 5, eff. 46 (H.B. 1095 (H.B. 2438), Sec. 408 (H.B. 31, eff. The seller is required to give the buyer all of the required documents, such as the tax lien, Statement of Ownership and Location or the title certificate, and any past inspection reports or repair invoices. Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2, eff. June 1, 2003. Part 1026. 1201.6041. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 63, eff. 2238), Sec. Added by Acts 2001, 77th Leg., ch. Sec. January 1, 2008. 408 (H.B. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. Sec. (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. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. September 1, 2011. Home ownership data was last updated on 03/02/2023. (d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program. APPLICABILITY OF BUSINESS & COMMERCE CODE. 1201.153. if (document.images) {document.images[id].src=eval(name+".src"); } 2438), Sec. 1460), Sec. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. SUBCHAPTER J. (13) "Installation" means the temporary or permanent construction of the foundation system and the placement of a manufactured home or manufactured home component on the foundation. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 23, eff. 2, eff. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. (c) If a new manufactured home is salvaged, the retailer shall remove the label and surrender the label and the manufacturer's certificate under Section 1201.204 to the director for issuance of a statement of ownership that indicates that the home is salvaged. 4, eff. Acts 2007, 80th Leg., R.S., Ch. TDHCA MHD FORM 1023 Form Page 1 of 2 Figure: 10 TAC 80.209(a) Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. The applicant is required to submit a set of fingerprints only once under this section unless a replacement set is otherwise needed to complete the criminal history check required by this section. January 1, 2008. (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). Austin, Texas, 78744. MANUFACTURER'S WARRANTY. Those numbers identify the mobile home when you look up taxes and liens associated with the property. Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. Sept. 1, 2003. 22, eff. 1201.003. 2438), Sec. Online Statement of Ownership Application System. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. (31) (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. 1284 (H.B. She holds a B.A. The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. (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. (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. (b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. 1510), Sec. 21, eff. 2019), Sec. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. PROGRAM MONITORING. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. 35, eff. 1201.301. 863 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. June 1, 2003. 85(8), eff. (d) If an owner elects to treat a manufactured home as real property, the department shall issue to the owner a copy of the statement of ownership that on its face reflects that the owner has elected to treat the manufactured home as real property at the location listed on the statement. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. Sec. 2019), Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. June 18, 2003. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The use changes, as from residential to nonresidential and vice versa. Acts 2017, 85th Leg., R.S., Ch. (b) Except in the case of an applicant for a salesperson's license, successful completion of the course of instruction is a prerequisite to obtaining the license. 6, eff. real property or personal property and regardless of whether the manufactured home Sec. 1460), Sec. 14A.260(a), eff. 15, eff. 1284 (H.B. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. 1460), Sec. 1276, Sec. (1) each of the consumer's complaints; and. Additionally, after selling a mobile home, the SOL application with the required fees must be filed no later than 60 days after the date of a sale to a consumer for residential use. September 1, 2013. APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED. (b) Repealed by Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. 38, eff. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. Added by Acts 2001, 77th Leg., ch. (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. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. Acts 2017, 85th Leg., R.S., Ch. A seal is the property of the department. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. 408 (H.B. 408 (H.B. 1460), Sec. The fee for a single is $35, doublewide is $70, and triple wide is $105. If the seller files the SOL form after 60 days, they can face a fee of up to $100. Added by Acts 2013, 83rd Leg., R.S., Ch. 3361), Sec. (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. 39, eff. 338, Sec. 6, eff. Acts 2005, 79th Leg., Ch. 2315), Sec. 23, eff. REGULATION BY MUNICIPALITY. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. June 1, 2003. 863 (H.B. 1284 (H.B. PROHIBITED CONSTRUCTION BY MANUFACTURER. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 2019), Sec. ); and. September 1, 2017. (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. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. (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. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. (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. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. 31, eff. 338, Sec. 1201.060. LICENSE REQUIRED. (5) the department in the manner provided by Subsection (h). (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. 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. The term does not include educational material or material required by law. 2438), Sec. January 1, 2008. There is no additional fee for the release of lien when it is part of a transfer of ownership. 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. September 1, 2013. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. Acts 2007, 80th Leg., R.S., Ch. (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer. 59, eff. 1421, Sec. The TDHCA requires an inspection and lien search to prove there are no liens on the property. 1079 (H.B. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. 12, eff. (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. 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) 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.
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