Acts 2017, 85th Leg., R.S., Ch. 3, eff. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 1460), Sec. (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. License Status. 3.09, eff. September 1, 2017. Sec. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. Sort By. Sec. 1, eff. January 1, 2008. 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. TRANSPORTATION OF MANUFACTURED HOUSING. Sec. 19, eff. 14A.255(a), eff. 338, Sec. License Number License Holder Name. (2) any generic installation standards promulgated by rule shall first be reviewed by an advisory committee established by the board comprised of representatives of manufacturers, installers, and manufacturers of stabilization systems or devices, including one or more licensed engineers. (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) A federally insured financial institution or lender approved or authorized by the United States Department of Housing and Urban Development as a mortgagee with direct endorsement underwriting authority that fully complies with federal Truth in Lending disclosures concerning the terms of a manufactured housing transaction is exempt from the disclosure provisions of this section. 1201.451. (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. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. Research Manufactured Homeownership Records - Before you buy a used manufactured home or submit an application to transfer ownership, please check department records for current ownership information, mortgage liens, and tax liens. 1201.503. (3) the department by rule shall require evidence that the holder or servicer requesting such after-the-fact completion of a real property election has complied with the requirements of this subsection. Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. 2438), Sec. Amended by Acts 2003, 78th Leg., ch. (2) the identification number of the home. 39, eff. Amended by Acts 2003, 78th Leg., ch. 3.04, eff. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. 1460), Sec. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. If you have any additional questions, please . 2019), Sec. 1201.217. Amended by Acts 2003, 78th Leg., ch. 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. 1284 (H.B. 2019), Sec. 1421, Sec. January 1, 2008. 1201.552. Sec. (c) The department may demand copies of contracts, invoices, receipts, or other proof of any real property appraisal and title work expenses retained by a retailer. (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. Any person is allowed to sell one manufactured home in a twelve-month period. 2019), Sec. 863 (H.B. . 2019), Sec. 1201.008. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. (b) If a surety files for liquidation or reorganization in bankruptcy or is placed in receivership, the license holder shall obtain other security not later than the 60th day after the date that notice of the filing or receivership is received. January 1, 2008. } (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . 62, eff. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. September 1, 2009. September 1, 2017. 2, eff. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. Acts 2011, 82nd Leg., R.S., Ch. 2019), Sec. September 1, 2017. The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. 9, eff. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. 38, eff. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. // January 1, 2008. Added by Acts 2007, 80th Leg., R.S., Ch. 4 (S.B. 408 (H.B. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. (i-1) Repealed by 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. Sec. 1201.009. Acts 2013, 83rd Leg., R.S., Ch. June 18, 2003. Here's part three of Fox News Digital's list of the most bizarre and . September 1, 2017. 2019), Sec. 1201.453. 50, eff. 24, eff. is listed on the tax rolls with the real property to which it is attached or listed 1201.454. Sec. INSTALLATION OF MANUFACTURED HOUSING. Added by Acts 2001, 77th Leg., ch. PROHIBITED CONSTRUCTION BY MANUFACTURER. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. Texas Manufactured Housing Association, Inc., to Nancy Fuller . 1421, Sec. (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. The Statement provides, among other things: . SHORT TITLE. Sec. You may check that division's records through its website or contact that division to learn any recorded tax liens. (2) submit to a credit underwriter or lending institution information known to be false or misleading. 20, eff. 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 1201.505. 5, eff. September 1, 2017. 408 (H.B. 408 (H.B. 2019), Sec. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. or the payment receipt showing that the applicant is the purchaser of the manufactured An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 1510), Sec. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. September 1, 2017. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. Amended by Acts 2003, 78th Leg., ch. January 1, 2008. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder. LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION. June 18, 2003. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. (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. (2) each lienholder gives written consent, to be placed on file with the department. 6, eff. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. Copyright 2023, Thomson Reuters. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. 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. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. Acts 2013, 83rd Leg., R.S., Ch. Houston, Texas 77210-2109. 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). in Communications and English from Niagara University. 85(5), eff. Section 4001 et seq. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. June 1, 2003. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. 1460), Sec. 85(8), eff. Amended by Acts 2003, 78th Leg., ch. 12, eff. January 1, 2008. (f) A person whose license has been expired for one year or more may not renew the license. 2019), Sec. (3) may establish cooperative inspection training programs. (800) 792-1112. January 1, 2008. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. 29, eff. 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 . Added by Acts 2001, 77th Leg., ch. 1, eff. 338, Sec. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. September 1, 2017. 3.03, eff. if (document.images) {document.images[id].src=eval(name+".src"); } January 1, 2008. 408 (H.B. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. June 18, 2005. 2, eff. Sec. 36, eff. 28, 51, eff. 863 (H.B. 1460), Sec. (3) the information and the cost required under Section 1201.1031. 15, eff. 1201.360. (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. 2, eff. 2, eff. 1201.208. 1201.108. TDHCA Info. After June 2003, the TDHCA replaced the Certificate of Title with a Statement of Ownership and Location (SOL), which eventually became known as a Statement of Ownership. 1801 Congress Ave . Sept. 1, 2003. FAILURE TO PROVIDE WARRANTY SERVICE. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. As otherwise indicated below. (e) Repealed by Acts 2003, 78th Leg., ch. 1201.2055. Amended by Acts 2003, 78th Leg., ch. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. Added by Acts 2001, 77th Leg., ch. 2019), Sec. 1460), Sec. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. 2019), Sec. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. 3, eff. September 1, 2013. Sec. (c) If the department issues a statement of ownership to an owner of a manufactured home treated as personal property, the statement of ownership on file with the department is evidence of ownership of the home. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. 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. (3) approving a standard proposed by a local governmental unit under Section 1201.252. If for any reason the seller or transferor does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. September 1, 2017. 408 (H.B. 1421, Sec. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. 2019), Sec. (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. Sec. June 18, 2005. 2019), Sec. Login ID. (2) "Document of title" means a written instrument issued solely by and under the authority of the director before September 1, 2003, that provides the information required by Section 1201.205, as that section existed before that date. 1460), Sec. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. (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. 408 (H.B. June 18, 2005. 54, eff. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. You will need to pay a $55 issuance fee for a new SOL. Acts 2017, 85th Leg., R.S., Ch. LICENSE FEES. (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. 2019), Sec. 68, eff. Added by Acts 2001, 77th Leg., ch. September 1, 2013. (29) "Standards code" means the Texas Manufactured Housing Standards Code. (a) Application Requirements. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. 20, eff. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. 60, eff. Sec. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. Our new location is: George H.W. September 1, 2017. PROCEDURE FOR ADOPTING RULES. The board, with the advice of the advisory committee to be established under Section 1201.251, shall adopt rules to establish what constitutes a sufficient number of installations under this subsection. June 1, 2003. 3361), Sec. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. 1460), Sec. Added by Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. 1201.406. June 18, 2005. 1201.351. September 1, 2009. 2, eff. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. INFORMATION ON OWNERSHIP AND TAX LIEN. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. 2019), Sec. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4).

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