Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. (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. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. (4) all exterior doors and windows are in place and operate properly. (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. Sec. September 1, 2017. 863 (H.B. 1201.553. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 3.05, eff. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. Acts 2005, 79th Leg., Ch. 408 (H.B. 34, eff. LICENSE FEES. Sec. Added by Acts 2003, 78th Leg., ch. 26, eff. 2019), Sec. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. (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). 2019), Sec. 1201.057. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. 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. (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. (a) or the appraisal district determines the applicant's ownership under Subsection 2238), Sec. 46 (H.B. 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. 85(5), eff. Manufactured Housing Division - Online Statement of Ownership Application System. 31, eff. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. 6, eff. (f) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) actual damages to reimburse an affiliate or related person of a licensee, except when the director issues an order under Sections 1201.358(b) and (c); (2) actual damages to correct matters that are solely cosmetic in nature; (4) actual damages to address other matters, unless the matters involve: (B) a failure to return or apply as agreed money received from a consumer or money for which the consumer was obligated; (C) the breach of an agreement to provide goods or services necessary to the safe and habitable use of a manufactured home such as steps, air conditioning, access to utilities, or access to sewage and wastewater treatment; or. 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. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. (b)The land on which a manufactured home is located qualifies as a residence homestead (8) "Consumer" means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home. January 1, 2008. Sec. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. 24, eff. 1201.452. (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. (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. (a) A manufacturer may not sell or exchange, or offer to sell or exchange, a manufactured home to a person in this state who is not a licensed retailer. 2019), Sec. (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. (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). 408 (H.B. January 1, 2008. 1284 (H.B. A person can get a certified copy of a current Statement of Ownership for free by mailing or faxing the request to 512-475-1109, or email the request to processing@tdhca.state.tx.us. The department shall disclose on its Internet website the date of each tax lien filing, the original amount of the tax lien claimed by each filing, and the fact that the amount shown does not include additional sums, including interest, penalties, and attorney's fees. June 18, 2005. 1201.216. (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. 2019), Sec. Sept. 1, 2003. (e) Notwithstanding any other provision of this chapter, if the consumer purchases a used manufactured home from a retailer in the ordinary course of business, the consumer takes the manufactured home free and clear of any liens created by the selling retailer even if they are recorded. Sec. 408 (H.B. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. SECURITY REQUIRED. The use changes, as from residential to nonresidential and vice versa. If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department. (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, eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. Acts 2007, 80th Leg., R.S., Ch. 14, eff. 863 (H.B. Departments inside JCPenney stores include Mens, Womens, Boys, Girls, Baby, Bedding, Home, Fine Jewelry, Shoes, Lingerie, The Salon by InStyle, JCPenney Beauty, as well as leased departments such as Seattle's Best . 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. SUBCHAPTER I. 77 (H.B. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. 12, eff. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 408 (H.B. 863 (H.B. June 1, 2003. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. regardless of whether the applicant has elected to treat the manufactured home as June 18, 2003. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; (B) is designated by an entity and satisfies the requirements of Sections 1201.104 and 1201.113 on behalf of the entity, if the entity is licensed or seeking licensure under this chapter. P.O. (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. 9, eff. Acts 2007, 80th Leg., R.S., Ch. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; Amended by Acts 2003, 78th Leg., ch. ); and. September 1, 2017. 1201.510. 1201.158. Added by Acts 2001, 77th Leg., ch. (a-1)An appraisal district may rely upon the computer records of the Texas Department IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; STATE INSPECTORS. 1079 (H.B. Sec. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. 1460), Sec. 62, eff. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. 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. 4, eff. (25) "Rules" means the rules of the department. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. A license may be renewed as provided by the director. 408 (H.B. (D) perfected and enforceable tax liens not extinguished and canceled in accordance with Section 32.015, Tax Code. ); (C) the rules adopted by the director; and. 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. 1421, Sec. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. (g) Notwithstanding Subsection (f), an owner of real property on which a manufactured home has been abandoned may apply for a new statement of ownership with respect to a home that was previously declared abandoned and then resold and abandoned again. 863 (H.B. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY. June 1, 2003. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. 863 (H.B. Application . January 1, 2008. 1421, Sec. 1460), Sec. 42, eff. September 1, 2017. 31, eff. 63, eff. 27, eff. January 1, 2008. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. (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. (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. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. 408 (H.B. 3.16, eff. 1460), Sec. 11, eff. 1284 (H.B. 2019), Sec. Sec. 2019), Sec. 1201.109. September 1, 2013. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. A person is not legally allowed to buy, transfer, or sell a mobile home without a certificate of title or Statement of Ownership or Location (SOL). (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location. June 18, 2005. 2238), Sec. 61, eff. (5) any other matters that justice may require. approved by the secretary of housing and urban development. 408 (H.B. 1201.255. September 1, 2017. 2019), Sec. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. Sec. 40, eff. You can find additional help in the SOL Application Instructions. 1284 (H.B. 17, 18, eff. ISSUANCE OF STATEMENT OF OWNERSHIP. September 1, 2017. 2438), Sec. 8, eff. 863 (H.B. 1460), Sec. 32, eff. ELECTION BY OWNER. 38, eff. Sept. 1, 2003. The director shall administer and enforce this chapter. Acts 2009, 81st Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. (a-2) An applicant for a retailer's license must complete four hours of specialized instruction relevant to the sale and exchange of manufactured homes. 1201.551. A salvaged manufactured home may be sold only to a licensed retailer. (b) The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty. June 18, 2003; Acts 2003, 78th Leg., ch. 2438), Sec. 1460), Sec. 1201.007. In our commitment to open government, we invite open records requests in writing. Sec. function di(id,name){ June 1, 2003. 338, Sec. 1460), Sec. (b) Repealed by Acts 2005, 79th Leg., Ch. 1201.358. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. 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. June 1, 2003. 1201.252. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. (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. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. (e) The director, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of the violation. Amended by Acts 2003, 78th Leg., ch. 73(a)(3), eff. The form shall also conspicuously disclose the consumer's right of rescission. 77 (H.B. 1814), Sec. (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. 408 (H.B. (3) may establish cooperative inspection training programs. Amended by Acts 2003, 78th Leg., ch. June 18, 2003. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. document.returnValue = true; Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. 2019), Sec. 8, eff. (B) any other location the holder or servicer knows or believes, after a reasonable inquiry, to be an address where the owner may have been or is receiving mail or is an address of record; (2) such notification shall be given by certified mail; and. Added by Acts 2001, 77th Leg., ch. 863 (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. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 2019), Sec. 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. (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. Sec. 46, Sec. 1201.356. 1201.6041. 408 (H.B. 1201.505. 51, eff. 410 (S.B. (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. 14A.255(a), eff. Acts 2017, 85th Leg., R.S., Ch. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 1201.513. Added by Acts 2001, 77th Leg., ch. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. 1460), Sec. 14, eff. Any license under this chapter is valid for two years. 14, eff. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. January 1, 2008. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. (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 2007, 80th Leg., R.S., Ch. (a) Application Requirements. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. function dm(msgStr) { Sec. Acts 2005, 79th Leg., Ch. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. (a) Except as otherwise provided by Subchapter C, the manufactured homeowner consumer claims program shall be reimbursed by the surety on a bond or from other security filed under Subchapter C for the amount of a claim that is paid out under the manufactured homeowner consumer claims program by the director to a consumer in accordance with this subchapter. 408 (H.B. 57, eff. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. LICENSE APPLICATION. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. Section 5401 et seq. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. (B) a lien on a manufactured home created by the constitution or a statute. June 1, 2003. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 2019), Sec. Sec. Amended by Acts 2003, 78th Leg., ch. If the department rejects an application, the department shall provide a clear and complete explanation of the reason for the rejection and instructions on how to cure any defects, if possible. 52, eff. 46 (H.B. SHORT TITLE. September 1, 2017. 15, eff. Acts 2017, 85th Leg., R.S., Ch. The department shall disclose on its website the date of each lien filing. 1460), Sec. The Forms Professionals Trust! (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home. (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. INSTALLATION OF MANUFACTURED HOUSING. 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. September 1, 2009. (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. 1460), Sec. 5, eff. 1201.1511. 85(1), eff. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). 44, eff. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange or negotiate for the sale or exchange of a used manufactured home to a consumer unless the appropriate seal or label is attached to the home. 1460), Sec. June 1, 2003. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . (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. PROHIBITED CONSTRUCTION BY MANUFACTURER. 408 (H.B. A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with: (1) all requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Application fees are relatively inexpensive, but the homeowner may incur additional charges depending on their application. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Online Statement of Ownership Application System. // The java used for navigation in the Public OM page January 1, 2008. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail.
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