15, eff. June 1, 2003. 1201.256. 2019), Sec. 1284, Sec. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. June 1, 2003. January 1, 2008. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. September 1, 2013. The program is also responsible for park and dealer complaints; park, dealer and . January 1, 2008. Submit Inventory Online. 2, eff. 408 (H.B. Sell Lease . 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. 863 (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. Added by Acts 2001, 77th Leg., ch. The TDHCA requires a copy of the title commitment or policy. Acts 2017, 85th Leg., R.S., Ch. (b) If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document. 85(5), eff. Prior to your mobile home closing - Continued. 85(4), eff. 863 (H.B. (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. (1) each of the consumer's complaints; and. 1201.405. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. 13, eff. Sec. Next . 863 (H.B. Sec. FORMS; RULES. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. 863 (H.B. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. Sec. Complete and attach the Inventory Schedule including the information for each sale during the . 863 (H.B. 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. 1345 (S.B. June 1, 2003. (a-1)An appraisal district may rely upon the computer records of the Texas Department 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. 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. 408 (H.B. The fee for a single is $35, doublewide is $70, and triple wide is $105. Section 1601 et seq.). Added by Acts 2001, 77th Leg., ch. 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. As long as the landlord is providing habitable housing, the tenant must pay rent. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to 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: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. 1460), Sec. 2019), Sec. Sec. 1460), Sec. 85(5), eff. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 100 E. Weatherford Street. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. 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. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. (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. Acts 2013, 83rd Leg., R.S., Ch. Beginning on September 1, 2003, the TDHCA considered all outstanding documents of title as Statements of Ownership, which the agency issues from MHD headquarters in Austin.They must also apply for a statement when: A Statement of Ownership application costs $55 to process, and a late application may result in a $100 fee and a delay in its issuance if it is over 60 days late. (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. (3) the information and the cost required under Section 1201.1031. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. 863 (H.B. 1201.361. (C)the applicant could not locate the seller after making a good faith effort. (2) to a purchaser for the purchaser's business use or another nonresidential use. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. 1, eff. BOX 12489 Austin, Texas 78711-2489 The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. CONSUMER COMPENSATION. Acts 2005, 79th Leg., Ch. Q. 14A.260(a), eff. (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). 63, eff. 3361), Sec. In the State of Texas, all mobile or manufactured home Statement of Ownership are issued by the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division located in Austin. 1284 (H.B. Sept. 1, 2003. 1201.404. Box 2109. Amended by Acts 2003, 78th Leg., ch. 2019), Sec. June 18, 2003. 1079 (H.B. September 1, 2017. Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. (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. 408 (H.B. (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. A license may be renewed as provided by the director. January 1, 2008. (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service. a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1)a copy of the statement of ownership for the manufactured home issued by the manufactured June 18, 2005. 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. 38, eff. Added by Acts 2001, 77th Leg., ch. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. 408 (H.B. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. Sept. 1, 2003. 338, Sec. (2) the home is habitable with respect to formaldehyde emissions. (d-1) When applying for a statement of ownership under this section, the real property owner shall include with the application an affidavit stating that: (1) the person owns the real property where the manufactured home is located; and. These forms are copywrited. 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. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. Added by Acts 2001, 77th Leg., ch. 1284 (H.B. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. (C) the use of the property is changed as described by Section 1201.216. 1079 (H.B. function dmim(msgStr) { 23, eff. 1284 (H.B. 2019), Sec. The board, with the advice of the advisory committee to be established under Section 1201.251, shall adopt rules to establish what constitutes a sufficient number of installations under this subsection. SUBCHAPTER B. June 1, 2003. 58, eff. 6, eff. Amended by Acts 2003, 78th Leg., ch. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. (g) An order of suspension under Subsection (f) may be appealed. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. 2019), Sec. 24, eff. September 1, 2009. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. 1201.406. (b) The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. Acts 2007, 80th Leg., R.S., Ch. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. Sec. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. September 1, 2009. home; or. 863 (H.B. Sec. 1201.1031. Sec. 1201.552. 2019), Sec. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use. In our commitment to open government, we invite open records requests in writing. 46 (H.B. Click here to access an Open Records Request form. 863 (H.B. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. 48, eff. September 1, 2017. 10, eff. September 1, 2017. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. September 1, 2017. (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. Acts 2017, 85th Leg., R.S., Ch. 2438), Sec. Added by Acts 2001, 77th Leg., ch. September 28, 2011. Sec. September 1, 2011. 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. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. 62, eff. DISCLOSURE BY RETAILER AND LENDER. LICENSE EXPIRATION. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 01/16/18 . Home ownership data was last updated on 03/03/2023. Application for Statement of Ownership. 408 (H.B. 2, eff. Any certified copies of a Statement of Ownership are free upon request. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2008. The department shall disclose on its Internet website the date of each tax lien filing, the original amount of the tax lien claimed by each filing, and the fact that the amount shown does not include additional sums, including interest, penalties, and attorney's fees. If a license suspension is probated, the department may require the person to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the department; or. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. 1201.351. (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. 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. September 1, 2017. September 1, 2017. (b) On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board. Sec. 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. 27, eff. Amended by Acts 2003, 78th Leg., ch. 1, eff. 1460), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 1460), Sec. September 1, 2017. "Standards code" means the Texas Manufactured Housing Standards Code. function di(id,name){ (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 4, eff. January 1, 2008. Added by Acts 2001, 77th Leg., ch. 2, eff. 863 (H.B. 1201.605. Sec. 1510), Sec. 2019), Sec. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. 1201.1025. (a) A retailer or salesperson may not: (1) assist a consumer in preparing or providing false or misleading information on a document related to the purchase or financing of a manufactured home; or. 2438), Sec. (B) a lien on a manufactured home created by the constitution or a statute. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. D. IVISION. June 18, 2003. 863 (H.B. September 1, 2017. September 1, 2017. 408 (H.B. 1460), Sec. September 1, 2017. (c) Notwithstanding any other provision of this section or any other law, the filing of a lien security agreement on the inventory of a retailer does not prevent a buyer in the ordinary course of business, as defined by Section 1.201, Business & Commerce Code, from acquiring good and marketable title free of that lien, and the department may not consider that lien for the purpose of title issuance. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. 408 (H.B. (1) a deposit held in escrow in a real estate transaction; or. 863 (H.B. (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. (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. (e) The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules. 1460), Sec. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. Attach the mobile home statement of ownership and location or sales contract. Added by Acts 2001, 77th Leg., ch. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. 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. Mobile Home Vin Lookup Florida - If you are looking for detailed and accurate report then our reliable service is the way to go. (c) Not later than the 60th day after the date of each subsequent sale or transfer of a home that is considered to be personal property, the seller or transferor shall provide to the department a completed application for the issuance of a new statement of ownership. 2019), Sec. Sec. (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. September 1, 2017. EXEMPTION FOR CERTAIN EMERGENCY HOUSING. 42, eff. 2019), Sec. if (showMsg) { 2019), Sec. June 18, 2005. (c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. June 18, 2003. To receive a lost title replacement, the mobile home owner first needs to complete the Application for Statement of Ownership and Location (SOL) form. (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (c) If the department issues a statement of ownership to an owner of a manufactured home treated as personal property, the statement of ownership on file with the department is evidence of ownership of the home. 338, Sec. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. 1460), Sec. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). 50, eff. 8, eff. Section 5301 et seq.) (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. License Status. 2019), Sec. Sec. Amended by Acts 2003, 78th Leg., ch. Sec. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. 66, eff. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. 20, eff. Section 1601 et seq. or the payment receipt showing that the applicant is the purchaser of the manufactured (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. September 1, 2013. 1201.103. 85(5), eff. You will need a Bill of Sale and a statement from the Tax Assessor-Collector at the local tax collectors office to prove all taxes have been paid on the home. June 1, 2003. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. Sec. 1460), Sec. 408 (H.B. 2.001. June 1, 2003. An incomplete application can also delay processing. Sept. 1, 2003. 17, eff. (a) The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter. Sept. 1, 2003. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1201.252. 1201.360. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . Added by Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. September 1, 2011. 1460), Sec. January 1, 2008. (c) A person who is eligible for an exemption under this section remains subject to the other applicable provisions of this subchapter regarding the sale of manufactured homes. (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. The period needed to complete an examination under this subsection may not be used to satisfy the minimum education requirements under Subsection (a), (a-2), (a-3), or (a-4). SHORT TITLE. June 18, 2003. 1421, Sec. January 1, 2008. September 1, 2017. The department remains subject to the other requirements of Subsection (a). 408 (H.B. Sec. Sec. 1421, Sec. Section 5401 et seq. 1460), Sec. 338, Sec. (1) shall advise each local governmental unit biennially in writing of the program for contracting installation inspections; (2) shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit; and. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. Acts 2007, 80th Leg., R.S., Ch. 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. 1284 (H.B. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. (f) This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101. Acts 2005, 79th Leg., Ch. June 1, 2003. Section 5414; and. 47, eff. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. 43, eff. 1421, Sec. (2) appliances and equipment included with the sale of the home and installed by the retailer are or will be: (A) installed in accordance with the instructions or specifications of the manufacturers of the appliances or equipment; and. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. Acts 2005, 79th Leg., Ch. 863 (H.B. The director shall administer and enforce this chapter. Acts 2017, 85th Leg., R.S., Ch. Sort By. January 1, 2008. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.