Sec. 408 (H.B. DEFINITIONS BINDING. PAYMENT BY SURETY OR FROM OTHER SECURITY. 27, eff. Questions or comments, please call 1-800-500-7074. 1201.507. January 1, 2008. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. (a) If a bond required by this subchapter is canceled, the license for which the security is filed is suspended on the effective date of cancellation. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. Manufactured Housing Division - Online Statement of Ownership Application System. 49, eff. document.returnValue = true; September 1, 2017. 64, eff. 1201.406. 863 (H.B. 2019), Sec. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. Section 5301 et seq.) (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. 3, eff. June 18, 2005. June 18, 2005. Sec. Sec. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. If you have any questions, feel free to contact us today. If the applicant made a mistake, they'll need to fill out a new application and pay the $55 fee a second time for a correct statement. DISCLAIMER OF IMPLIED WARRANTY. Sec. (b) The consumer's written acknowledgement of the receipt of the notice is conclusive proof of the delivery of the notice and the posting of the notice in compliance with federal regulations. 2019), Sec. June 18, 2003. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. 1201.353. 2238), Sec. Those numbers identify the mobile home when you look up taxes and liens associated with the property. (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. Acts 2005, 79th Leg., Ch. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. 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. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. Added by Acts 2001, 77th Leg., ch. 1284 (H.B. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. 5, eff. 3.07, eff. RULES RELATING TO CERTAIN PERSONS. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. (c) An applicant for a salesperson's license may apply for a license without having completed the course of instruction if the person successfully completes the course not later than the 90th day after the date of the person's licensure. Calling 800-500-7074. 4 (S.B. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. January 1, 2008. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. 58, eff. (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. 1510), Sec. 2019), Sec. 408 (H.B. Sept. 1, 2003. September 1, 2013. 1, eff. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. Manufactured homes that are declared as personal property are taxed separately from the land. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. January 1, 2008. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (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. Acts 2021, 87th Leg., R.S., Ch. (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. All rights reserved. 1079 (H.B. Sec. } 2238), Sec. (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. The fee for a single is $35, doublewide is $70, and triple wide is $105. 1460), Sec. (b) If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations. A family relationship required by this subsection may be a relationship established by adoption. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. Acts 2011, 82nd Leg., R.S., Ch. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. 14A.251(a), eff. The program is also responsible for park and dealer complaints; park, dealer and . A retailer may require a deposit on a specially ordered manufactured home. 63, eff. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. 2438), Sec. 4, eff. 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. (e) Repealed by Acts 2003, 78th Leg., ch. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. In our commitment to open government, we invite open records requests in writing. 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. INFORMATION ON OWNERSHIP AND TAX LIEN. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. 1421, Sec. (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. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. June 18, 2005. 58, eff. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). 1284 (H.B. January 1, 2008. September 1, 2017. SECURITY: LOCATION. Acts 2005, 79th Leg., Ch. 2019), Sec. 3.12, eff. 77 (H.B. (h) If a person selling a manufactured home to a consumer for residential use fails to file with the department the application for the issuance of a statement of ownership and the appropriate filing fee before the 61st day after the date of the sale, the department may assess a fee of at least $100 against the seller. The Forms Professionals Trust! // LiaJavaInput 408 (H.B. Jan. 1, 2004. 1201.357. 1284 (H.B. Sec. Acts 2007, 80th Leg., R.S., Ch. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. Acts 2007, 80th Leg., R.S., Ch. If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. (a) if the appraisal district verifies the applicant's ownership under this subsection. Sec. The mobile home changes its treatment, as from real to personal property and vice versa. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. 16, eff. June 1, 2003. 37, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 863 (H.B. January 1, 2008. January 1, 2008. 1201.214. Acts 2005, 79th Leg., Ch. Associate Last Name. Married couple will be the only owners and agree that the . Sec. Sec. 863 (H.B. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. Any license under this chapter is valid for two years. Sec. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 77 (H.B. 9, eff. Added by Acts 2001, 77th Leg., ch. September 1, 2017. 2438), Sec. 4, eff. 3361), Sec. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . 1201.113. PROHIBITED REAL ESTATE TRANSACTION. (a) The board shall approve continuing education programs for licensees under this chapter. 863 (H.B. 408 (H.B. January 1, 2008. (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. January 1, 2008. 2, eff. NOTICE OF LICENSE EXPIRATION. 3.14, eff. 2019), Sec. Sec. Acts 2005, 79th Leg., Ch. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 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. Section 5414; and. 408 (H.B. 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. (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; and. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or. 1421, Sec. (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. (2) the county in which the violation occurs. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. 1460), Sec. 11, eff. Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. Sept. 1, 2003. 1201.359. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). September 1, 2017. 1, eff. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer. 62, eff. (b) A salesperson may not submit to a retailer information known to be false or misleading. DISCLOSURE BY RETAILER AND LENDER. Acts 2017, 85th Leg., R.S., Ch. (2) a federally insured financial institution or licensed attorney who has obtained from a licensed title insurance company a title insurance policy covering all prior liens on the home. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. (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. 1201.103. Contact Us: By Mail: Assessment Department. Acts 2013, 83rd Leg., R.S., Ch. (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation. SUBCHAPTER I. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. September 1, 2017. 408 (H.B. 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. 20, eff. June 18, 2003. The the lease on our 2016 Honda CR-V comes up this . 77 (H.B. 65, eff. 863 (H.B. If required by law or otherwise necessary, the director may obtain an inspection search warrant. 1460), Sec. A Statement of Ownership must replace any certificate of title. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 14, eff. June 18, 2003; Acts 2003, 78th Leg., ch. (b) Before declaring a manufactured home abandoned, the owner of real property on which the home is located must send a notice of intent to declare the home abandoned to the record owner of the home, all lienholders at the addresses listed on the home's statement of ownership on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests. 1201.551. (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. 3361), Sec. Sept. 1, 2003. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer.

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