texas department of manufactured housing statement of ownership texas department of manufactured housing statement of ownership

Added by Acts 2019, 86th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. (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. (b) A licensee shall notify the department of a change described by Subsection (a) not later than the 10th day before the date the change occurs. 3, eff. Acts 2013, 83rd Leg., R.S., Ch. 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. She holds a B.A. 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. (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. ); and. (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. June 18, 2003. 26, eff. 63, eff. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. 1460), Sec. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. September 1, 2011. 1460), Sec. The TDHCA requires a copy of the title commitment or policy. September 1, 2009. The department shall cooperate with all local governmental units in this state. 863 (H.B. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. 863 (H.B. 408 (H.B. Sec. 2019), Sec. (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. (a) Except as otherwise provided by Subchapter C, a payment made under the manufactured homeowner consumer claims program shall be paid directly to a consumer or, at the director's option, to a third party on behalf of a consumer to compensate 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: (3) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1201.115. (a) The department shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. SUBCHAPTER B. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. 1201.353. 338, Sec. 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. 35, eff. Click here to access an Open Records Request form. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. Acts 2007, 80th Leg., R.S., Ch. Because of its regulatory nature, MHD has its own board and executive director. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. Sec. June 1, 2003. June 1, 2003. 2, eff. Sept. 1, 2003. This subsection does not apply to the release of a tax lien perfected with the department. 408 (H.B. 2019), Sec. 73(a)(5), eff. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. 1, eff. 56, eff. 1201.008. A closing date is then decided where the seller will move their possessions out of the home. SANCTIONS AND PENALTIES. (5) any other matters that justice may require. Acts 2017, 85th Leg., R.S., Ch. 1201.409. You may check that division's records through its website or contact that division to learn any recorded tax liens. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 2438), Sec. (3) is not subject to an action by the department for failure to provide warranty service. 16, eff. (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. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. There is no additional fee for the release of lien when it is part of a transfer of ownership. (2) money stated to be a down payment in an executed retail sales contract. Amended by Acts 2003, 78th Leg., ch. Manufactured Housing. 15(2), eff. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 23, eff. 1460), Sec. Any person is allowed to sell one manufactured home in a twelve-month period. Acts 2009, 81st Leg., R.S., Ch. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. First, contact the Texas Department of Housing and Community Affairs - Manufactured Housing Division at 800-500-7074 or 512-475-2200 and explain your exact situation. (a-1)An appraisal district may rely upon the computer records of the Texas Department (b) A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101. 12, eff. on the tax rolls separately. 408 (H.B. 1079 (H.B. 1201.052. 1460), Sec. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. (9) "Control" means, with respect to another person, the possession of the power, directly or indirectly, to vote an interest of 25 percent or more. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). In order to satisfy this requirement, the property owner may apply to our office for any of the following: Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. 863 (H.B. A civil action filed under this subsection shall be filed in district court in Travis County. 863 (H.B. September 1, 2017. The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter. 1201.457. Sec. (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. Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; January 1, 2008. (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. September 1, 2017. 408 (H.B. January 1, 2008. 27, eff. September 1, 2009. 2, eff. January 1, 2008. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. (1) a deposit held in escrow in a real estate transaction; or. Sec. H. OUSING . 2019), Sec. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . 1276, Sec. 2238), Sec. 1, eff. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. 863 (H.B. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. 33, eff. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. 33, eff. 2238), Sec. Amended by Acts 2003, 78th Leg., ch. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. 863, Sec. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.117. June 18, 2005. (3) may establish cooperative inspection training programs. 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. (b) A salesperson may not submit to a retailer information known to be false or misleading. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. Sec. (b) If a surety files for liquidation or reorganization in bankruptcy or is placed in receivership, the license holder shall obtain other security not later than the 60th day after the date that notice of the filing or receivership is received. Sec. (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. 13, eff. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. Enter the number of acres used for residential purposes. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. 2019), Sec. June 1, 2003. 338, Sec. (c-1) An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113. A bond is not required of the director with respect to injunctive relief granted under this subsection. 14, eff. PROGRAM MONITORING. Tracking a manufactured home's ownership ceased when it became real property, was used for business or was salvaged. January 1, 2008. 1201.107. Acts 2017, 85th Leg., R.S., Ch. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. Sec. to the Texas Department of Housing and Community Affairs during an application cycle that is based on the 2024 qualified allocation plan or a subsequent plan . Sec. Sec. 1421, Sec. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. (a) The owner of real property on which a manufactured home owned by another is located may declare the home abandoned as provided by this section if: (1) the home has been continuously unoccupied for at least four months; and. (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. 16, eff. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. LICENSE APPLICATION. Sec. Acts 2017, 85th Leg., R.S., Ch. 1201.508. Added by Acts 2003, 78th Leg., ch. 9, eff. 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. (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. In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. 30, eff. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. 2019), Sec. 408 (H.B. CONSUMER COMPENSATION. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. 338, Sec. 944), Sec. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. regardless of whether the applicant has elected to treat the manufactured home as 863 (H.B. Amended by Acts 2003, 78th Leg., ch. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. Added by Acts 2017, 85th Leg., R.S., Ch. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. 1201.305. 2, eff. Acts 2009, 81st Leg., R.S., Ch. "Standards code" means the Texas Manufactured Housing Standards Code. September 1, 2017. Section 3282.8(g). When applying for a Statement of Ownership, buyers must determine what supporting documents they may need: They are non-refundable. (1) contain the information required by the United States Department of Housing and Urban Development; and. 1421, Sec. 408 (H.B. June 1, 2003. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . 35, eff. 1201.156. (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. June 18, 2003. September 1, 2017. Added by Acts 2013, 83rd Leg., R.S., Ch. STATEMENT OF OWNERSHIP FORM. Added by Acts 2001, 77th Leg., ch. 77 (H.B. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. 1460), Sec. 2019), Sec. 1079 (H.B. January 1, 2008. Acts 2005, 79th Leg., Ch. 77 (H.B. June 18, 2003; Acts 2003, 78th Leg., ch. 50, eff. (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. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. (b) A retailer may not charge to the consumer any fees or expenses other than the real property appraisal and title work expenses disclosed to the consumer under Subsection (a)(3). Added by Acts 2003, 78th Leg., ch. NOTICE OF LICENSE EXPIRATION. Category: Texas Real Estate - Manufactured Homes. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. 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. June 18, 2005. 338, Sec. 1421, Sec. Sec. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. 2019), Sec. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. 1284 (H.B. 1460), Sec. (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. 1460), Sec. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. 5, eff. 408 (H.B. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. June 1, 2003. 2438), Sec. 1460), Sec. 14A.255(a), eff. 42, eff. 408 (H.B. 1079 (H.B. 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. 3361), Sec. (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. 1201.2075. D. IVISION. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. 1, eff. 1201.554. 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. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. Since 2003, the State of Texas no longer issues Titles and Certificates of Attachment. (c) A notice of appeal and request for hearing must be filed with the director not later than the 30th day after the date of notice of the director's action. (a) An applicant for a license or a license holder shall file a bond or other security under Section 1201.105 for the issuance or renewal of a license in the following amount: (a-1) Notwithstanding the provisions of Subsection (a), the director may require additional security for the licensing, renewal, or relicensing of a person, or the sponsoring of a salesperson, who, either directly, as a related person, or through a related person, has been the subject of a license revocation, has caused the manufactured homeowner consumer claims program to incur unreimbursed costs or liabilities in excess of available surety bond coverage, or has failed to pay an administrative penalty that has been assessed by final order. 2019), Sec. 1460), Sec. (13) "Installation" means the temporary or permanent construction of the foundation system and the placement of a manufactured home or manufactured home component on the foundation. 1276, Sec. Acts 2017, 85th Leg., R.S., Ch. RETAILER AS WAREHOUSE. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. Sec. 73(a)(3), eff. (a) Except as otherwise provided by this section, a retailer must refund a consumer's deposit not later than the 15th day after the date that a written request for the refund is received from the consumer. 1201.009. Sec. 2, eff. If an application for an initial statement of ownership is made without the required manufacturer's certificate and the retailer does not provide it as required, the department shall, on or before the issuance of the requested statement of ownership, send written notice to each party currently reflected on the department's records as having a recorded lien on the inventory of that retailer with respect to that home. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. function di(id,name){ 863 (H.B. June 1, 2003. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. September 1, 2017. 2238), Sec. MANUFACTURED HOUSING. Any. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., 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. 2438), Sec. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. (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. 863 (H.B. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. 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. (2) the holder of a lien or security interest of record.