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. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. (31) (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. Our office does not update manufactured home titles. LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION. ADVERTISEMENT AS OFFER. MANUFACTURED HOUSING. 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. 1079 (H.B. 1201.510. 67, eff. 15(2), eff. 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. 1421, Sec. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. 408 (H.B. 408 (H.B. (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. 863 (H.B. The heart of the home is its large living room and kitchen/dining area. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. Acts 2017, 85th Leg., R.S., Ch. 1201.361. Amended by Acts 2003, 78th Leg., ch. Sec. 17, 18, eff. 1460), Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. License Status. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. Added by Acts 2017, 85th Leg., R.S., Ch. 3.06, eff. INFORMATION ON OWNERSHIP AND TAX LIEN. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. 1201.604. 27, eff. 32, eff. September 1, 2017. 54, eff. 1460), Sec. 2, eff. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. Acts 2017, 85th Leg., R.S., Ch. 1201.204. September 1, 2013. Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. As long as the landlord is providing habitable housing, the tenant must pay rent. (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. (6) "Broker" means a person engaged by one or more other persons to negotiate or offer to negotiate a bargain or contract for the sale or exchange of a manufactured home for which a certificate or other document of title has been issued and is outstanding. 85(1), eff. 1460), Sec. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. Section 4001 et seq. The appellant shall be provided at least three days' notice of the time and place of the hearing. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. (4) all exterior doors and windows are in place and operate properly. June 18, 2003; Acts 2003, 78th Leg., ch. 338, Sec. 863 (H.B. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. January 1, 2008. ); (C) the rules adopted by the director; and. 1460), Sec. INSPECTIONS. September 1, 2017. Added by Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1201.117. PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME. window.status = msgStr; (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). 2, eff. January 1, 2008. 1079 (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). (b) Before declaring a manufactured home abandoned, the owner of real property on which the home is located must send a notice of intent to declare the home abandoned to the record owner of the home, all lienholders at the addresses listed on the home's statement of ownership on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests. June 1, 2003. Sec. 1421, Sec. Sept. 1, 2003. 863, Sec. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. 408 (H.B. 2019), Sec. September 1, 2017. 1460), Sec. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). (2) each lienholder gives written consent, to be placed on file with the department. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). (b) Repealed by Acts 2005, 79th Leg., Ch. 2019), Sec. 1284 (H.B. 338, Sec. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 2019), Sec. 1284 (H.B. 12, eff. Code, Chapter 1201). document.returnValue = false; 3361), Sec. Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. Enter the number of acres used for residential purposes. June 20, 2003. 2019), Sec. NOTICE OF LICENSE EXPIRATION. real property or personal property and regardless of whether the manufactured home 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. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . Sec. FAILURE TO PROVIDE WARRANTY SERVICE. Manufactured Housing Division. September 1, 2009. 16, eff. 408 (H.B. 1095 (H.B. 863 (H.B. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. Box 12489, Austin, Texas 78711. Sec. 1201.158. (b) The director may suspend or revoke a license if, after receiving notice of a claim, the license holder or the license holder's surety fails or refuses to pay a final claim paid under the manufactured homeowner consumer claims program for which demand for reimbursement was made. 59, eff. Complete and attach the Inventory Schedule including the information for each sale during the . 9, eff. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. 62, eff. September 1, 2017. January 1, 2008. Amended by Acts 2003, 78th Leg., ch. June 1, 2003. Acts 2017, 85th Leg., R.S., Ch. 30, eff. January 1, 2008. (3) disputes responsibility concerning the warranty obligation. Acts 2007, 80th Leg., R.S., Ch. 3, eff. 12, eff. 2019), Sec. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. (b) A salesperson may not submit to a retailer information known to be false or misleading. June 18, 2003. Acts 2017, 85th Leg., R.S., Ch. FORMALDEHYDE HEALTH NOTICE. 2019), Sec. Acts 2011, 82nd Leg., R.S., Ch. The warranty must conspicuously disclose that notice requirement to the consumer. 1460), Sec. (2) govern the business conduct of license holders. January 1, 2008. 22, eff. (e) The applicant shall pay the cost of a criminal history check under this section. However, the manufactured home's conversion to real property is incomplete until a certified copy of the document is recorded with the county of location. 12, eff. 32, eff. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. 1201.006. September 1, 2017. (b) To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. Online Statement of Ownership Application System. 1079 (H.B. Sec. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. (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. September 1, 2017. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. 3.16, eff. Added by Acts 2001, 77th Leg., ch. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. 2019), Sec. 408 (H.B. June 18, 2003. June 18, 2003. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. Acts 2005, 79th Leg., Ch. Added by Acts 2003, 78th Leg., ch. June 18, 2003. 1201.507. 34, eff. 1284 (H.B. CONSUMER COMPENSATION. 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. Acts 2017, 85th Leg., R.S., Ch. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. September 1, 2017. Sec. (B) other information required by this chapter. 1276, Sec. 85(5), eff. A hearing of an appeal of an order of suspension issued under Subsection (f) shall be held not later than the 15th day after the date of receipt of the notice of appeal. Q. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. 1460), Sec. 2019), Sec. (f-1) A retailer may not be licensed to operate more than one location under a single license. 1201.151. If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. 2019), Sec. 14, eff. (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. (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. Acts 2017, 85th Leg., R.S., Ch. 1201.052. CRIMINAL PENALTY. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. 338, Sec. 1201.409. (d) The course of instruction must be offered at least quarterly. Acts 2017, 85th Leg., R.S., Ch. 1284 (H.B. 22, eff. A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. 1201.1025. 1201.252. 1276, Sec. PROHIBITED RETENTION OF DEPOSIT. 1421, Sec. 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. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. CEASE AND DESIST. This chapter may be cited as the Texas Manufactured Housing Standards Act. (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under Section 1201.404; or. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. How do I get a replacement title for a mobile home in Texas? (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. (a) or the appraisal district determines the applicant's ownership under Subsection 2, eff. The use changes, as from residential to nonresidential and vice versa. January 1, 2008. 27, eff. window.status = msgStr; 16, eff. September 1, 2017. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. Sec. 2238), Sec. June 18, 2003. June 18, 2003. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. 1201.608. 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. June 1, 2003. 863 (H.B. 408 (H.B. function dm(msgStr) { 1201.202. Any. 1201.508. The statement from the tax assessor-collector must indicate that, with respect to each January 1 occurring in the 18-month period preceding the date of the sale, there are no perfected and enforceable tax liens on the manufactured home that have not been extinguished and canceled in accordance with Section 32.015, Tax Code, or personal property taxes due on the manufactured home. 2438), Sec. 3, eff. 2, eff. September 1, 2017. Home ownership data was last updated on 03/02/2023. 863 (H.B. Sec. (b) At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. 408 (H.B. The bond or other security is payable to the manufactured homeowner consumer claims program. 1284 (H.B. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. (c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. 1460), Sec. Sec. (C) the use of the property is changed as described by Section 1201.216. 2019), Sec. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. January 1, 2008. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. 4, eff. 1201.458. To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). September 1, 2017. 1201.105. Acts 2017, 85th Leg., R.S., Ch. Sec. (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. (f) If a salvaged manufactured home is rebuilt in accordance with this chapter and the rules of the director, the director shall, on application, issue a new statement of ownership that indicates that the home is no longer salvaged. 11, eff. "; (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. This form shows taxes are paid and current. Amended by Acts 2003, 78th Leg., ch. Sec. 1201.502. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. 2019), Sec. function di(id,name){ Sec. Amended by Acts 2003, 78th Leg., ch. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. Manufactured Home Property Tax Services. Sec. 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. 2, eff. September 1, 2017. If the installer fails to perform the corrective action, the installer shall be subject to the provisions of Section 1201.357. September 1, 2009. (c) The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 54, eff. Copyright 2018 Texas Manufactured Housing Association. Amended by Acts 2003, 78th Leg., ch. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. (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. Sec. (A) is engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering manufactured homes for sale or exchange to consumers, including a person who maintains a location for the display of manufactured homes; and. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. FORMS; RULES. Any license under this chapter is valid for two years. (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. Sec. PROHIBITED REAL ESTATE TRANSACTION. 1510), Sec. September 1, 2017. Sec. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. 2019), Sec. LICENSE EXPIRATION. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. document.returnValue = true; . A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. 5, eff. 73(a)(3), eff. 499), Sec. 13. 26, eff. 408 (H.B. 1201.061. January 1, 2008. They are non-refundable. 1201.407. 1079 (H.B. Sept. 1, 2003. ), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. 8(2), eff. Sec. 25, eff. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction.