(a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. (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. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. Jan. 1, 2004. June 18, 2003. January 1, 2008. 46 (H.B. September 1, 2011. Added by Acts 2005, 79th Leg., Ch. September 1, 2009. 1460), Sec. September 1, 2009. (B) the sale or lease occurs in a single real estate transaction. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. 1460), Sec. January 1, 2008. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. September 1, 2013. Sec. Added by Acts 2003, 78th Leg., ch. (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. T. EXAS . 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) or the appraisal district determines the applicant's ownership under Subsection (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. No change of ownership or location is complete until you have, both, updated the Statement of Ownership with the TDHCA and informed the Appraisal District of the changes. 1201.213. June 1, 2003. DISCLAIMER OF IMPLIED WARRANTY. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. 7, eff. RULE 80.90. (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. 3, eff. PROHIBITED RETENTION OF DEPOSIT. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. (2) the expiration of a period not to exceed 150 days. (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. September 1, 2013. 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. Laredo Texas Statement of Ownership and Location Take advantage of our comprehensive internet form library to make sure you always are able to get up-to-date samples that are completely ready for downloading, preparing, and signing. (B) a lien on a manufactured home created by the constitution or a statute. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. DECEPTIVE TRADE PRACTICES. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. The term does not include a person who maintains a location for the display of manufactured homes. 1284 (H.B. AMOUNT OF FEES. 863 (H.B. (e) A tax lien perfected with the department may be released only by: (1) filing with the department a tax certificate or tax paid receipt in accordance with Section 32.015, Tax Code; (2) filing a request for the release with the department on the form provided by the department; (3) following the department's procedures for electronic tax lien release on the department's Internet website; (4) a tax collector filing a tax lien release with the department as provided by Subsection (f); or. 1201.513. (g) If, after judicial review, the penalty is reduced or not assessed, the director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. 1421, Sec. 2019), Sec. 338, Sec. 1421, Sec. 1460), Sec. 1201.104. Sec. 338, Sec. 25, eff. (b) The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director. 1460), Sec. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". 1284 (H.B. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor. 1284 (H.B. Sec. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. September 1, 2009. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. REFUNDS. 1421, Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. Sec. Acts 2007, 80th Leg., R.S., Ch. 34, eff. Amended by Acts 2003, 78th Leg., ch. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). By contrast, about a third of site-built homeowners earn . Before buying a mobile home or transferring ownership in Texas, you want to first check the department records for tax liens, mortgage liens, and current ownership information. 1201.206. Acts 2013, 83rd Leg., R.S., Ch. 1201.603. SECURITY: DURATION. 863 (H.B. 863 (H.B. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . Sec. They also found a . 2019), Sec. 35, eff. 77 (H.B. The definition of a manufactured home per section 32.015 of the Texas Property Tax Code is: (c) A manufactured home has the meaning assigned by section 1201.003 of the Occupations Code. 1201.102. 1421, Sec. (a) The director may employ state inspectors to: (1) carry out the functions the department is required to perform under this chapter; (3) enforce the rules adopted and orders issued under this chapter. 46 (H.B. 22, eff. 1201.220. (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. Sec. Sec. 863, Sec. 1460), Sec. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. The instruction under this subsection is in addition to the instruction required under Subsection (a). Acts 2009, 81st Leg., R.S., Ch. (b) A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit. 1460), Sec. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. 35, eff. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 16, eff. 1460), Sec. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. (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. You are accessing a Texas Department of Housing and Community Affairs information system. 1201.060. 55, eff. Acts 2017, 85th Leg., R.S., Ch. 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. (i) was sold as a new manufactured home and installed but never occupied; (iii) was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. 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. 1201.6041. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. September 1, 2017. 47, eff. Detroit-based DTE Energy reported more than 130,000 customers lost power Friday evening. January 1, 2008. (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. (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. Acts 2017, 85th Leg., R.S., Ch. (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder conducts business; or. June 18, 2003. June 18, 2005. BROKER. 44, eff. June 18, 2005. The form shall also conspicuously disclose the consumer's right of rescission. 1201.455. September 28, 2011. 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. (2) to a purchaser for the purchaser's business use or another nonresidential use. 2019), Sec. 1201.355. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. 5, eff. September 1, 2017. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. Acts 2007, 80th Leg., R.S., Ch. 14A.258(a), eff. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. 1284 (H.B. Sept. 1, 2003. Added by Acts 2003, 78th Leg., ch. 85(1), eff. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. June 1, 2003. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. (a) A person is eligible to sign a right of survivorship agreement under this subchapter if the person: (1) is married and the spouse of the signing person is the only other party to the agreement; (2) is unmarried and attests to that unmarried status by affidavit; or. Contact Mobile Homes. 33, eff. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. 1460), Sec. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. September 1, 2017. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. 4, eff. 1201.053. (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. September 1, 2017. 863 (H.B. The fee for a single is $35, doublewide is $70, and triple wide is $105. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. Sec. 1460), Sec. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. An applicant is not required to submit an accompanying document described by Subsection 408 (H.B. 20, eff. 1201.222. 1201.219. 408 (H.B. 863 (H.B. 1510), Sec. 6, eff. 74.07, eff. (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. 408 (H.B. (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. HEARING ON STANDARD OR REQUIREMENT. Amended by Acts 2003, 78th Leg., ch. Added by Acts 2003, 78th Leg., ch. 2238), Sec. License Holder Name [Help] Associate First Name. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. Acts 2009, 81st Leg., R.S., Ch. 9, eff. If the person fails to complete such course successfully and in a timely manner, the person's license is automatically suspended until the person successfully completes the course. 13, eff. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. 863 (H.B. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 1201.004. MANUFACTURER'S WARRANTY. } This form shows taxes are paid and current. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. (3) the information and the cost required under Section 1201.1031. Manufactured homes that are declared as personal property are taxed separately from the land. September 1, 2017. September 1, 2017. 1, eff. June 1, 2003. They must submit a copy of this permit when they apply for a new Statement of Ownership, showing the new location of the home. 77 (H.B. Added by Acts 2001, 77th Leg., ch. 34(1), eff. . January 1, 2008. 3361), Sec. Amended by Acts 2003, 78th Leg., ch. Added by Acts 2017, 85th Leg., R.S., Ch. (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. Added by Acts 2007, 80th Leg., R.S., Ch. 77 (H.B. Because of its regulatory nature, it is governed by its own board and executive director. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. 2238), Sec. Amended by Acts 2003, 78th Leg., ch. June 1, 2003. 408 (H.B. Questions or comments, please call 1-800-500-7074. 1284 (H.B. 41, 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. 408 (H.B. June 1, 2003. 85(5), eff. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department. 37, eff. Within 60 days of closing a sale, sellers are required to submit an Application for SOL along with the required fee. 2315), Sec. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. 85(3), eff. 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. January 1, 2008. June 18, 2003; Acts 2003, 78th Leg., ch. 67, eff. 2019), Sec. September 1, 2013. 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. 2, eff. The mobile home's lien information changes. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. If you have any questions, feel free to contact us today. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. 2019), Sec. 863 (H.B. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. 2019), Sec. September 1, 2017. 1201.256. Sec. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home. (b) To protect the public health, safety, and welfare and to ensure the availability of low cost manufactured housing for all consumers, the director shall adopt rules to: (1) protect the interests of consumers who occupy or want to purchase or install manufactured housing; and. Sec. 1201.212. Acts 2017, 85th Leg., R.S., Ch. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . Amended by Acts 2003, 78th Leg., ch. (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. 1201.358. 408 (H.B. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. 69, eff. 863 (H.B. 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. QUALIFICATIONS FOR LICENSE. 1201.207. 15(3), eff. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. (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. 2438), Sec. January 1, 2008. (e) The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551, Government Code. A. FFAIRS. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. 408 (H.B. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. Any license under this chapter is valid for two years. September 1, 2017. A closing date is then decided where the seller will move their possessions out of the home. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. (a) A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document. Sec. Acts 2005, 79th Leg., Ch. PROHIBITED REAL ESTATE TRANSACTION. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. 408 (H.B. Added by Acts 2001, 77th Leg., ch. The owner must apply for this document within 60 days of the sale date or risk incurring a late fee and a delay of the statement's issuance. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. 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. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. (b) A salesperson may not submit to a retailer information known to be false or misleading. Added by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. September 1, 2011. INSTALLER'S WARRANTY. 1421, Sec. 1460), Sec. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 1421, Sec. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. 3.13, eff. 2019), Sec. The hearing shall be governed by Chapter 2001, Government Code. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. 4 (S.B. Acts 2007, 80th Leg., R.S., Ch. 18, eff. Sec. 1201.354. September 1, 2013. September 1, 2017. Sec. Sec. (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.
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