1079 (H.B. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. 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. MANUFACTURER'S CERTIFICATE. Acts 2017, 85th Leg., R.S., Ch. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. Home ownership data was last updated on 03/02/2023. SANCTIONS AND PENALTIES. STATE INSPECTORS. 338, Sec. 1201.2075. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. 1201.253. 408 (H.B. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. September 1, 2017. contract or agreement; and. (b) The manufacturer's warranty is in effect until at least the first anniversary 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 an already installed new home, whichever is later. 3361), Sec. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. Contact Mobile Homes. Sec. (B) are not used as residential dwellings when so designated. (2) apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if: (A) the same person is the record owner of both the manufactured home and the real property; and. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 1201.210. 1284 (H.B. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. If you own a manufactured home and rent a space in a mobile home park or from another landowner, you should be receiving a separate tax bill for your manufactured home. (f) If a person licensed under this chapter fails to pay an administrative penalty that has become final or fails to comply with an order of the director that has become final, in addition to any other remedy provided by law, the director, after not less than 10 days' notice to the person, may without a prior hearing suspend the person's license. June 1, 2003. You are accessing a Texas Department of Housing and Community Affairs information system. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. 338, Sec. Added by Acts 2003, 78th Leg., ch. 59, eff. Sec. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. 74.06, eff. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. 408 (H.B. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". 1201.508. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. Statement of Ownership Application Instructions (PDF) . NATURE OF PROPERTY. Added by Acts 2003, 78th Leg., ch. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 1510), Sec. Acts 2007, 80th 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. 58, eff. (h) An order revoking the license of a retailer, broker, installer, or salesperson may provide that the person is prohibited, without obtaining prior written consent of the director, from being a related person of a licensee. Sell Lease . Sec. (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. 2, eff. Added by Acts 2001, 77th Leg., ch. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. PROHIBITED REAL ESTATE TRANSACTION. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. 2, eff. 863, Sec. (c) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). 50, eff. This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. They are non-refundable. Added by Acts 2001, 77th Leg., ch. DEFINITIONS. Acts 2007, 80th Leg., R.S., Ch. To receive a lost title replacement, the mobile home owner first needs to complete the Application for Statement of Ownership and Location (SOL) form. Amended by Acts 2003, 78th Leg., ch. 1421, Sec. 1201.157. A family relationship required by this subsection may be a relationship established by adoption. (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter if the director has reasonable cause to believe that a person has violated or is about to violate any provision of this chapter or a rule adopted under this chapter. (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. 46 (H.B. Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. 863 (H.B. 70, eff. 3, eff. 2, eff. September 1, 2017. In this Buying a Mobile Home in Texas: Everything You Need to Know, Application for Statement of Ownership and Location (SOL), Manufactured Home Ownership Records database, Questions To Ask When Buying A Used Mobile Home. Added by Acts 2003, 78th Leg., ch. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. (c) A retailer, broker, or salesperson may not sell or exchange, or offer to sell or exchange, a manufactured home to a consumer in this state for use as a dwelling unless the appropriate seal or label is attached to the home. (a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. Added by Acts 2013, 83rd Leg., R.S., Ch. 2, eff. Added by Acts 2001, 77th Leg., ch. 73(a)(3), eff. 408 (H.B. (2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code. 1079 (H.B. The director shall prepare information for notifying consumers of their rights to recover under the manufactured homeowner consumer claims program, shall post the information on the department's website, and shall make printed copies available on request. 28, eff. Amended by Acts 2003, 78th Leg., ch. A lien, charge, or other encumbrance on a home treated as personal property may be made only by filing the appropriate document with the department. June 18, 2005. Added by Acts 2003, 78th Leg., ch. 11, eff. September 1, 2017. 26, eff. Acts 2005, 79th Leg., Ch. Amended by Acts 2003, 78th Leg., ch. (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. (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. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. 46 (H.B. 45, eff. 408 (H.B. Prior to your mobile home closing - Continued. Sec. Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. Sept. 1, 2003. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. (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. 14A.258(a), eff. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** PROHIBITED PURCHASE. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. Acts 2017, 85th Leg., R.S., Ch. (b) A request under Subsection (a) must contain: (1) the name of the owner of the home as reflected on the statement of ownership; or. 1460), Sec. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 3.07, eff. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. 8, eff. 13, eff. (b) The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency. 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. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. approved by the secretary of housing and urban development. (b) Not later than the 60th day after the effective date of the transfer of ownership or the date the seller or transferor obtains possession of the necessary and properly executed documents, the seller or transferor shall forward to the purchaser or transferee the necessary, executed documents. License Status. September 1, 2017. 1284 (H.B. 1421, Sec. 1201.6041. Acts 2007, 80th Leg., R.S., Ch. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. January 1, 2008. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. Sec. 23, eff. CONTINUING EDUCATION PROGRAMS. If an owner of a mobile home chooses to change its use from a business to a residential property, they need to reapply and indicate the change in use. 31, eff. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 14A.255(a), eff. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. (a) The board shall adopt standards and requirements for: (1) the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and. June 18, 2003. 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 . (a) or the appraisal district determines the applicant's ownership under Subsection January 1, 2008. June 1, 2003. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission. Amended by Acts 2003, 78th Leg., ch. 1814), Sec. 1201.057. 1284 (H.B. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. (e) The applicant shall pay the cost of a criminal history check under this section. The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a). subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . January 1, 2008. The board shall issue an order after receiving a proposal for decision. Sec. (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. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. 1801 Congress Ave . (c) A retailer's or manufacturer's compliance with United States Department of Housing and Urban Development regulations and the director's rules concerning the notice is conclusive proof that: (1) the consumer received sufficient notice of the risks of occupying the home; and. Acts 2017, 85th Leg., R.S., Ch. (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. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. Sec. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 1201.009. 408 (H.B. (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. (2) the expiration of a period not to exceed 150 days. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to 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: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. Houston, Texas 77210-2109. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. Acts 2011, 82nd Leg., R.S., Ch. 408 (H.B. (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. The rules must protect a lienholder recorded with the department. 1460), Sec. 25, eff. 408 (H.B. September 1, 2017. June 18, 2005. Sec. (a) This section applies to a transaction in which a manufactured home is sold as personal property. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. Complete and attach the Inventory Schedule including the information for each sale during the . 1201.454. 1284 (H.B. January 1, 2008. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. 2438), Sec. Detroit-based DTE Energy reported more than 130,000 customers lost power Friday evening. Sec. (2) submit to a credit underwriter or lending institution information known to be false or misleading. PAYMENT BY SURETY OR FROM OTHER SECURITY. 338, Sec. 1421, Sec. 85(1), eff. (b) Payment by the surety or from the other security must be made not later than the 30th day after the date of notice from the director that a consumer claim has been paid. Sec. Harris County Tax Office,
1460), Sec. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. PROCEDURE FOR LICENSE RENEWAL. (D) perfected and enforceable tax liens not extinguished and canceled in accordance with Section 32.015, Tax Code. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Acts 2017, 85th Leg., R.S., Ch. 1420), 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. Active Inactive All. 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. (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. 863 (H.B. Because of its regulatory nature, it is governed by its own board and executive director. 1201.458. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. 1421, Sec. September 1, 2013. Added by Acts 2001, 77th Leg., ch. Amended by Acts 2003, 78th Leg., ch. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. (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. 408 (H.B. (d) If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument. June 18, 2003; Acts 2003, 78th Leg., ch. 338, Sec. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. 1201.460. January 1, 2008. 1460), Sec. 1460), Sec. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). September 1, 2013. Sec. 2, eff. January 1, 2008. (a-1). SUBCHAPTER I. (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. 1201.118. 1201.115. 1421, Sec. (3) disputes responsibility concerning the warranty obligation. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. 36, eff.
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