texas department of manufactured housing statement of ownership
SECURITY REQUIRED. 1460), Sec. January 1, 2008. 408 (H.B. 7, eff. (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. Sec. (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. 1, eff. June 1, 2003. June 1, 2003. September 1, 2013. Application . Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. 1201.053. 1201.153. 1201.251. September 1, 2009. 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. 47, eff. 2019), Sec. 2019), Sec. (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. PROBATION. 863 (H.B. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. 1460), Sec. or the payment receipt showing that the applicant is the purchaser of the manufactured 8, eff. 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. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting 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. 85(5), eff. LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION. Amended by Acts 2003, 78th Leg., ch. 39, eff. (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). If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. To replace the title with a personal property Statement of Ownership and Location, you will need to submit an SOL application and the original title document. Acts 2017, 85th Leg., R.S., Ch. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 50, eff. (a) With respect to the storage of manufactured homes for hire, a licensed retailer is: (1) a "warehouse" as defined by Section 7.102, Business & Commerce Code; and. Active Inactive All. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. (c) Installation of a manufactured home considered to be real property under this chapter must occur in a manner that satisfies the lending requirements of the Federal Housing Administration (FHA), Fannie Mae, or Freddie Mac for long-term mortgage loans or for FHA insurance. September 1, 2011. Beginning September 1, 2003, a certificate of attachment is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. 45, eff. ADVERTISEMENT AS OFFER. September 1, 2011. September 1, 2017. June 1, 2003. (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. Acts 2009, 81st Leg., R.S., Ch. 2019), Sec. 1201.219. 3, eff. Acts 2009, 81st Leg., R.S., Ch. 1460), Sec. 2019), Sec. Contact Us: By Mail: Assessment Department. Sec. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . 408 (H.B. 863 (H.B. Sec. Added by Acts 2001, 77th 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. NOTICE OF LICENSE EXPIRATION. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . 2438), Sec. 863 (H.B. Sec. The mobile home's lien information changes. Sec. 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. (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. 2019), Sec. June 1, 2003. (b) A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if: (1) the manufactured home is attached; and. Sec. Sec. September 1, 2017. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. (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. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE. 3361), Sec. January 1, 2008. (b) If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director shall hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views. (B) the name in which the statement of ownership should be issued. (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. Sec. 6, eff. 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. 863 (H.B. January 1, 2008. 2019), Sec. 8, eff. 2238), 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. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. 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). 58, eff. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. 1201.611. A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite. June 1, 2003. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. 46 (H.B. Acts 2017, 85th Leg., R.S., Ch. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. (f-1) A retailer may not be licensed to operate more than one location under a single license. D. IVISION. 2019), Sec. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. Added by Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. 2019), Sec. DECEPTIVE TRADE PRACTICES. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (f) A person whose license has been expired for one year or more may not renew the license. (C) does not include a recreational vehicle as defined by 24 C.F.R. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. SEAL OR LABEL REQUIRED. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. 1284 (H.B. under Section 11.13 only if: (1)the land is owned by one or more individuals, including the applicant; (2)the applicant occupies the manufactured home as the applicant's principal residence; Login ID. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. Sec. Texas Department Of Manufactured Housing Statement Of Ownership . Keep in mind there may be additional closing forms required. Sept. 1, 2003. Added by Acts 2001, 77th Leg., ch. 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. 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. 43, eff. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. January 1, 2008. 34, eff. 2, eff. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. 13, eff. Code, Chapter 1201). 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. 74.07, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. June 18, 2003. (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. There is no fee required if there are no changes to the property and you send the original title document to the DMV. Venue for the suit is in Travis County. 408 (H.B. 1284 (H.B. Manufactured Housing. 14, eff. 58, eff. Acts 2017, 85th Leg., R.S., Ch. 28, 51, eff. Sec. 15(3), eff. (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. September 1, 2017. (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. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). Prior to your mobile home closing - Continued. 2438), Sec. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. An applicant is not required to submit an accompanying document described by Subsection (C)the applicant could not locate the seller after making a good faith effort. 4, eff. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . 46, eff. (2) provide contractually in the sales transaction that the identified bond applies to the sale. 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. June 18, 2003. (4) the location to which the license will apply. September 1, 2011. TRANSPORTATION OF MANUFACTURED HOUSING. Departments inside JCPenney stores include Mens, Womens, Boys, Girls, Baby, Bedding, Home, Fine Jewelry, Shoes, Lingerie, The Salon by InStyle, JCPenney Beauty, as well as leased departments such as Seattle's Best . (h) The provisions of this chapter relating to the construction or installation of a manufactured home or to warranties for a manufactured home apply to a home regardless of whether the home is considered to be real or personal property. 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. 1201.164. Acts 2009, 81st Leg., R.S., Ch. 2, eff. 18, eff. June 18, 2003. Sec. 863 (H.B. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Sec. 863 (H.B. CHAPTER 2. 338, Sec. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. DEPARTMENT POWERS AND DUTIES. 1420), Sec. 1460), Sec. Sec. 863 (H.B. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. 1421, Sec. 1201.203. 863, Sec. ELECTION BY OWNER. Sec. 3361), Sec. 1201.510. Sec. Sec. 1201.210. 1079 (H.B. 338, Sec. 1201.117. 2019), Sec. 408 (H.B. September 1, 2017. 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. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. Added by Acts 2001, 77th Leg., ch. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. Added by Acts 2001, 77th Leg., ch. The heart of the home is its large living room and kitchen/dining area. 26, eff. Sec. ISSUANCE OF STATEMENT OF OWNERSHIP. Amended by Acts 2003, 78th Leg., ch. APPLICATION FOR ISSUANCE OF STATEMENT OF OWNERSHIP. June 18, 2003. 408 (H.B. Click here to access an Open Records Request form. 2, eff. 8, eff. (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. 408 (H.B. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 1284 (H.B. SHORT TITLE. Research Manufactured Homeownership Records - Before you buy a used manufactured home or submit an application to transfer ownership, please check department records for current ownership information, mortgage liens, and tax liens. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. SANCTIONS AND PENALTIES. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205 (Statement of Ownership Form); and (B) other information required by this chapter. 1079 (H.B. 408 (H.B. June 18, 2005. (a) A person may not construct or assemble in this state or ship into this state a new HUD-code manufactured home unless the person holds, at the time the home is constructed or assembled, a manufacturer's license. June 1, 2003. September 1, 2017. If you cannot find the home, you can look through the archived records for any ownership information before March 1982. Sec. 2019), Sec. Complete the appropriate information on the "Application for Statement of Ownership and Location" form, provided by the Manufactured Housing Division of the Texas Department of Housing and Community Affairs. (a) This section applies to a transaction in which a manufactured home is sold as personal property. September 1, 2017. 1201.056. September 1, 2017. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 1201.004. The form must require the disclosure of the original dollar amount of the tax lien and the name and address of the person in whose name the manufactured home is listed on the tax roll. Amended by Acts 2003, 78th Leg., ch. 1460), Sec. 3361), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. TITLE 7. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. 22, eff. (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed. Sec. (c) A rule takes effect on the 30th day after the date of publication of notice that the rule has been adopted, except that a rule relating to installation standards may not take effect earlier than the 60th day after the date of publication of notice unless the board has determined that an earlier effective date is required to meet an emergency and the standard was adopted under the emergency rulemaking provisions of Chapter 2001, Government Code. 01/16/18 . A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. They must submit a copy of this permit when they apply for a new Statement of Ownership, showing the new location of the home. 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. AMOUNT OF FEES. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.061. 27, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. (a) A retailer or broker: (1) shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. INSPECTION SEARCH WARRANTS. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. 51. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. 1460), Sec. 14, eff. 64, eff. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. 1201.302. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. 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. 24, eff. 1460), Sec. 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. 14A.258(a), eff. 1201.222. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. (b) A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home. You should also check for delinquencies with the local tax office(s). (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. (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. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 1201.221. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. 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. 408 (H.B. 1421, Sec. Acts 2005, 79th Leg., Ch. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. 408 (H.B. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. Acts 2017, 85th Leg., R.S., Ch. 35, eff. (3) approving a standard proposed by a local governmental unit under Section 1201.252. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. 50, eff. The fee for a single is $35, doublewide is $70, and triple wide is $105. June 18, 2005. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department.