SHORT TITLE. 3.12, eff. 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). (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. 46, Sec. 10, eff. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. 1284 (H.B. 1201.360. September 1, 2017. September 1, 2017. (a-1). 38, eff. 1460), Sec. 1284 (H.B. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 1460), Sec. 18, eff. Acts 2017, 85th Leg., R.S., Ch. 1201.507. 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. 1460), Sec. June 1, 2003. Acts 2005, 79th Leg., Ch. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. June 18, 2003. 85(5), eff. 2438), Sec. 338, Sec. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 863 (H.B. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 23, eff. Acts 2007, 80th Leg., R.S., Ch. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. 40, eff. 39, eff. 2, eff. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. (i) was sold as a new manufactured home and installed but never occupied; (iii) was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. Acts 2013, 83rd Leg., R.S., Ch. ELECTRONIC PUBLIC RECORDS REQUIRED. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. (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. Box 2109. 3361), Sec. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. (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. Part 1026. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. ownership interest in the development, except for a tax credit . Acts 2017, 85th Leg., R.S., Ch. 1, eff. Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. Unauthorized use is prohibited, and usage may be subject to security testing and monitoring. The director shall administer and enforce this chapter. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. 1201.117. 8, eff. 2238), Sec. September 1, 2013. 3.08, eff. 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. (g) A person may not make an announcement concerning the sale or exchange of, or offer to sell or exchange, a manufactured home to a consumer in this state through an advertisement unless the person holds a manufacturer's, retailer's, or broker's license. All Rights Reserved. 56, eff. 1460), Sec. 408 (H.B. 863 (H.B. (C) the use of the property is changed as described by Section 1201.216. The mobile home changes its treatment, as from real to personal property and vice versa. If you currently own a title certificate and need an SOL, you can find helpful application instructions down below. An act that is prohibited by this subsection is deemed to be a practice that constitutes an imminent threat to health or safety and is subject to the imposition of penalties and other sanctions provided for by this chapter. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. Acts 2017, 85th Leg., R.S., Ch. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. 2, eff. 408 (H.B. September 1, 2017. January 1, 2008. You may check that division's records through its website or contact that division to learn any recorded tax liens. 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. (3) assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area. Added by Acts 2003, 78th Leg., ch. Sec. 10, eff. (b) The department shall refuse to issue a license to or renew the license of a person who does not comply with the requirement of Subsection (a). 11, eff. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. 1460), Sec. Sec. 338, Sec. (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. (a) or the appraisal district determines the applicant's ownership under Subsection January 1, 2008. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. (g) An order of suspension under Subsection (f) may be appealed. 2019), Sec. 59, eff. 1201.154. SALESPERSON. 1421, Sec. January 1, 2008. 41, eff. 408 (H.B. 77 (H.B. ); and. 3361), Sec. 1460), Sec. // 14A.258(a), eff. 2019), Sec. Any license under this chapter is valid for two years. 67, eff. 1201.010. 1284 (H.B. 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. Added by Acts 2017, 85th Leg., R.S., Ch. 1), Sec. 863 (H.B. Added by Acts 2001, 77th Leg., ch. 1079 (H.B. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. 3.10, eff. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 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. 40, eff. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. (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. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. Added by Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sec. A license may be renewed as provided by the director. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. (a) In selling a manufactured home to collect delinquent taxes, a tax assessor-collector is not required to comply with this subchapter or another provision of this chapter relating to the sale of a used manufactured home. 85(2), eff. 408 (H.B. (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. 4, eff. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. 2019), Sec. Acts 2005, 79th Leg., Ch. 3361), Sec. (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service. Sec. June 18, 2005. 863 (H.B. Sec. (2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered delinquent. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. 2019), Sec. 51. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 2019), Sec. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. (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). Added by Acts 2001, 77th Leg., ch. (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. 2019), Sec. 1201.057. VENUE FOR HEARING. 11, eff. 408 (H.B. 1201.401. June 18, 2005. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. (c) In determining the amount of an administrative penalty assessed under this section, the director shall consider: (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and. 2019), Sec. (a) Before the completion of a credit application or more than one day before entering into any agreement for a sale or exchange that will not be financed, the retailer must provide to the consumer a written disclosure in the form promulgated by the board. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. June 18, 2005. 1201.053. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. 863 (H.B. (b) An owner or lienholder may provide to the department a document of title or certificate of attachment and any additional information required by the department and request that the department issue a statement of ownership to replace the document of title or certificate of attachment. Acts 2017, 85th Leg., R.S., Ch. Step 3: Check exemptions that apply to you. 3.09, eff. This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. 26, eff. September 1, 2017. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. (a) With respect to the storage of manufactured homes for hire, a licensed retailer is: (1) a "warehouse" as defined by Section 7.102, Business & Commerce Code; and. 338, Sec. There is no fee required if there are no changes to the property and you send the original title document to the DMV. A person removing a home is responsible to the real property owner for any damage to the real property resulting from the removal of the home. September 1, 2009. home; or. 7, eff. They must submit a copy of this permit when they apply for a new Statement of Ownership, showing the new location of the home. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use. 1201.304. 2, eff. 2, eff. 1421, Sec. Sec. 1421, Sec. 1284 (H.B. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. 1421, Sec. January 1, 2008. 863 (H.B. January 1, 2008. RULE 80.90. 47, eff. 1460), Sec. PERFECTION, EFFECT, AND RELEASE OF LIENS. If the person fails to complete such course successfully and in a timely manner, the person's license is automatically suspended until the person successfully completes the course. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. Before buying a mobile home or transferring ownership in Texas, you want to first check the department records for tax liens, mortgage liens, and current ownership information. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. (b) If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director shall hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views. (b) Not later than the 60th day after the date of the retail sale, the retailer shall provide to the department the completed application for the issuance of a statement of ownership. If there is an existing lien on the new manufactured home perfected with the department, the owner of the lien is entitled to recover the value of the lien from the retailer. REPORT TO CHIEF APPRAISER. Sept. 1, 2003. September 1, 2017. "; (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. 1421, Sec. (5) any other matters that justice may require. September 1, 2017. 863 (H.B. The mobile home's physical location changes. (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. Sec. 863 (H.B. (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. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. 77 (H.B. 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 . (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. 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. 48, eff. 13, eff. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. June 1, 2003. Sec. 49, eff. Sec. If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. Acts 2009, 81st Leg., R.S., Ch. 1201.359. September 1, 2017. June 1, 2003. 1460), Sec. September 1, 2013. 15, eff. 14, eff. The TDHCA will review the initial Statement of Ownership application. 12, eff. 1460), Sec. 38, eff. 1201.115. 1201.362. 70, eff. (c) Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of: (3) the warranties given by the manufacturers of appliances or equipment included with the home; and. 9, eff. 1, eff. 21, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. 1201.509. January 1, 2008. September 1, 2017. (11) failed to pay the required fee to obtain or renew a license. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. (c) An applicant for a salesperson's license may apply for a license without having completed the course of instruction if the person successfully completes the course not later than the 90th day after the date of the person's licensure. 863 (H.B. 77, Sec. (B) the sale or lease occurs in a single real estate transaction. September 1, 2017. 2438), Sec. WIND ZONE REGULATIONS. Questions or comments, please call 1-800-500-7074. June 18, 2003. 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. Acts 2017, 85th Leg., R.S., Ch. Sec. 1460), Sec. 1201.109. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. If the buyer acquires the home from someone who is not a licensed retailer, they can find the application online or call 800-500-7074 to request one. Sec. 1284 (H.B. Sec. Sec. 1201.511. Sec. 85(4), eff. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. 1201.352. Sec. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. 62, eff. 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. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. 1201.256. September 1, 2009. 1201.607. June 1, 2003. 46 (H.B. 1460), Sec. BROKER. 1201.609. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. 1201.102. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. 16, eff. January 1, 2008. INSPECTION OF LICENSEE RECORDS. 46 (H.B. DEPARTMENT POWERS AND DUTIES. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. September 1, 2017. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 1201.118. (B) the name in which the statement of ownership should be issued. (b) The department is not liable to the consumer if the manufactured homeowner consumer claims program does not have the money necessary to pay the actual damages determined to be payable. January 1, 2008. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. (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. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. 25, eff. 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. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 1201.155. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. 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. 1510), Sec. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process. 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. 85(5), eff. 46 (H.B. 26, eff. 59, eff. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. regardless of whether the applicant has elected to treat the manufactured home as Amended by Acts 2003, 78th Leg., ch. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division.
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