A statement of ownership must be evidenced by a board-approved form issued by the department setting forth: (1) the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner; (2) the manufacturer's name and address and any model designation, if available; (3) in accordance with the board's rules: (A) the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and. (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. (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. She holds a B.A. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. 2019), Sec. 863 (H.B. Though it may seem intimidating, buying a mobile home in Texas can be extremely easy once you have a solid idea of what youre looking for and how to do it. If homeowners wish to return their manufactured home from real property back to personal property, they can do so by applying for a new Statement of Ownership. Beginning September 1, 2003, a document of title is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. Amended by Acts 2003, 78th Leg., ch. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. Sept. 1, 2003. D. EPARTMENT OF . 338, Sec. 1201.407. Obtain a expertly-drafted, state-specific template within minutes. PROHIBITED PURCHASE. Sec. Sec. A violation of this subsection is a Class B misdemeanor. 4 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. 1814), Sec. 2741), Sec. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 1201.117. Sec. January 1, 2008. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. Acts 2017, 85th Leg., R.S., Ch. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. 1284 (H.B. 77 (H.B. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. 4200 Smith School Road. 2019), Sec. September 1, 2017. September 1, 2017. September 1, 2017. The program is also responsible for park and dealer complaints; park, dealer and . (3) another state may prohibit installation of the home in a Wind Zone II or III area. 1421, Sec. 3361), Sec. September 1, 2009. (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. September 1, 2017. June 18, 2005. (d) Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety. 1201.461. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. 2, eff. September 1, 2009. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (b) If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department. 338, Sec. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1421, Sec. (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. Added by Acts 2001, 77th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (2) adopt rules intended to maintain the historical passage rate for the examination. 1201.607. 863 (H.B. "; (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. September 1, 2017. 863 (H.B. (C) the use of the property is changed as described by Section 1201.216. How to Locate Mobile Home Titles in Texas. Any. Acts 2013, 83rd Leg., R.S., Ch. 2, eff. However, if you do buy a mobile home without a title, the seller will need to complete the Application for SOL form and pay the $55 issuance fee after the sale within 60 days. A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. 1079 (H.B. home. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. 77 (H.B. Acts 2009, 81st Leg., R.S., Ch. (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. Sec. June 18, 2003. Police were called to a home undergoing extensive renovations where the new owner reported building supplies, namely flooring, appeared to be missing around 11 a.m. Feb. 27. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. 21, eff. 14A.260(a), eff. January 1, 2008. The serial number, VIN, seal number, and label number are all included on the SOL. (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. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. 85(1), eff. Acts 2017, 85th Leg., R.S., Ch. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. ); and. June 1, 2003. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . A retailer may require a deposit on a specially ordered manufactured home. 48, eff. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. Acts 2009, 81st Leg., R.S., Ch. 863 (H.B. INSTRUCTION FEE. 14A.254(b), eff. 1201.554. 2238), Sec. January 1, 2008. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. 863 (H.B. (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. License Status. FORMS; RULES. June 18, 2003. 8, eff. (12) any other information the board requires. Once the agency approves the application, it issues the Statement of Ownership. 14A.257(b), eff. The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. (b) If a bond is filed, the bond must be issued by a company authorized to do business in this state and must conform to applicable provisions of the Insurance Code. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. You may do so by searching our database on the web, or . VOIDABLE CONTRACT. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. (a-1)An appraisal district may rely upon the computer records of the Texas Department 2019), Sec. 1270 (H.B. 863 (H.B. (B) sells or exchanges at least two manufactured homes to consumers in a 12-month period. 1345 (S.B. PERFECTION, EFFECT, AND RELEASE OF LIENS. 863 (H.B. or the payment receipt showing that the applicant is the purchaser of the manufactured function dmim(msgStr) { Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. 2019), Sec. (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. (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. 2, eff. MANUFACTURER'S CERTIFICATE. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website.
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