(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. 863 (H.B. (B) the approximate square footage of the home when installed for occupancy; (4) the identification number for each section or module of the home; (5) the physical address where the home is installed for occupancy, including the name of the county, and, if it is different from the physical address, the mailing address of the owner of the home; (6) in chronological order of recordation, the date of each lien, other than a tax lien, on the home and the name and address of each lienholder, or, if a lien is not recorded, a statement of that fact; (7) a statement regarding tax liens as follows: "On January 1st of each year, a new tax lien comes into existence on a manufactured home in favor of each taxing unit having jurisdiction where the home is actually located on January 1st. June 18, 2005. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. (c) A retailer, broker, or salesperson or a person acting on behalf of a retailer or broker may not receive or accept compensation or consideration of any kind from the seller of the real property or a person acting on the seller's behalf. Sec. Sec. June 18, 2003. (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. June 18, 2005. 50, eff. 1201.118. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. Added by Acts 2001, 77th Leg., ch. 12, eff. 2019), Sec. Added by Acts 2001, 77th Leg., ch. The bond or other security is payable to the manufactured homeowner consumer claims program. January 1, 2008. 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. 1201.108. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; January 1, 2008. (e) The lists to be provided under this section may be provided electronically. 2, eff. January 1, 2008. 863 (H.B. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 2, eff. 85(5), eff. September 1, 2017. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1201.503. 24, eff. 408 (H.B. 1079 (H.B. September 1, 2009. 1201.405. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. (a) On written request, the department shall provide information held by the department on: (1) the current ownership and location of a manufactured home; and. (g) Subsections (a), (a-2), (a-3), and (a-4) do not apply to a license holder who applies: (1) for a license for an additional business location; or. Once the agency approves the application, it issues the Statement of Ownership. 7, eff. September 1, 2013. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. 14, eff. (3) disputes responsibility concerning the warranty obligation. All rights reserved. (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. (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. June 1, 2003. (d) The following are exempt from the application of this section: (1) a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection; and. September 1, 2017. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. 3.04, eff. (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. 1421, Sec. (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. 42, eff. 58, eff. June 18, 2005. 8(2), eff. 57, eff. 14, eff. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. 1, eff. (b) If a home does not have a serial number, seal, or label, the tax appraiser or tax assessor-collector may apply to the department for a seal if the tax appraiser or assessor-collector assumes full responsibility for the affixation of a seal to the home and the seal is actually affixed on the home. 863 (H.B. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant. (a) The director may inspect manufactured homes at the state border and adopt rules necessary for the inspection of manufactured homes entering this state to ensure: (A) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. Acts 2017, 85th Leg., R.S., Ch. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. Acts 2005, 79th Leg., Ch. Beginning on September 1, 2003, the TDHCA considered all outstanding documents of title as Statements of Ownership, which the agency issues from MHD headquarters in Austin.They must also apply for a statement when: A Statement of Ownership application costs $55 to process, and a late application may result in a $100 fee and a delay in its issuance if it is over 60 days late. 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. A Statement of Ownership must replace any certificate of title. 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. Sec. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. 1460), Sec. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 338, Sec. 863 (H.B. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). (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. 408 (H.B. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. 47, eff. (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. 1284 (H.B. 2, eff. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 1421, Sec. A. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 381 Frontage Road Princeton, WV 24739. 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. Acts 2009, 81st Leg., R.S., Ch. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. 1421, Sec. June 18, 2005. The term does not include educational material or material required by law. 22, eff. January 1, 2008. 34, eff. STATEMENT OF OWNERSHIP FORM. 27, eff. June 1, 2003. September 1, 2009. 408 (H.B. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. Sec. 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. 1201.360. LICENSE EXPIRATION. There is no additional fee for the release of lien when it is part of a transfer of ownership. 1201.161. September 1, 2017. September 1, 2017. ); and. 1095 (H.B. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. 1201.1025. The department remains subject to the other requirements of Subsection (a). (d) To maintain affordability of manufactured homes in this state, the board shall: (1) conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. 863 (H.B. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. Our Association made up of manufactured housing builders, retailers, and suppliers in and aound the state of Louisiana encourages manufactured . As long as the landlord is providing habitable housing, the tenant must pay rent. Acts 2017, 85th Leg., R.S., Ch. 20, 21, eff. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. Sec. 25, eff. The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing. Acts 2017, 85th Leg., R.S., Ch. 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. A. FFAIRS. TDHCA Forms. 1201.361. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . PROHIBITED REAL ESTATE TRANSACTION. APPLICABILITY OF BUSINESS & COMMERCE CODE. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. September 1, 2017. Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Manufactured Housing Division - Online Statement of Ownership Application System. 2019), Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 46 (H.B. 2, eff. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. 1276, Sec. (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. 8, eff. 1276, Sec. 33, eff. 2438), Sec. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. The form shall also conspicuously disclose the consumer's right of rescission. 56, eff. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. 1, eff. September 1, 2009. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. Ownership and location changes must be recorded with the Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. 1, eff. 408 (H.B. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. 863 (H.B. 1460), Sec. 2238), Sec. Amended by Acts 2003, 78th Leg., ch. Whether or not the individual ceased further activity is up for debate. Acts 2007, 80th Leg., R.S., Ch. Sec. 408 (H.B. Bush State Office Building. Enter the number of acres used for residential purposes. A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer: (1) supplies the department with proof of acceptance by a design approval primary inspection agency authorized by the United States Department of Housing and Urban Development; (3) has the home inspected by an in-plant inspection agency authorized by the United States Department of Housing and Urban Development. (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. 1201.410. FALSE OR MISLEADING INFORMATION. An applicant is not required to submit an accompanying document described by Subsection 1201.605. Acts 2007, 80th Leg., R.S., Ch. By contrast, about a third of site-built homeowners earn . 1510), Sec. Sec. Acts 2009, 81st Leg., R.S., Ch. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). June 1, 2003. approved by the secretary of housing and urban development. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. 1201.105. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. (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. for ownership and tax lien information before March 1982. Acts 2005, 79th Leg., Ch. If for any reason the retailer does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. (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. 863 (H.B. 39, eff. Amended by Acts 2003, 78th Leg., ch. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. (e) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee. Sec. If you have any questions that we could assist with, please contact our office at 512-943-1601 or by email at bwilliams@wilco.org. function dmim(msgStr) { 2, eff. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. June 18, 2003. September 1, 2009. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. Amended by Acts 2003, 78th Leg., ch. January 1, 2008. September 1, 2013. 46 (H.B. 31, eff. (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. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. Obtain a expertly-drafted, state-specific template within minutes. Section 5401 et seq. 408 (H.B. 3361), Sec. 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 (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. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home. How do I get a replacement title for a mobile home in Texas?