2019), Sec. Acts 2007, 80th Leg., R.S., Ch. Code, Chapter 1201). 1201.611. September 1, 2017. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. Added by Acts 2003, 78th Leg., ch. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. 2238), Sec. If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. January 1, 2008. (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. (1) a deposit held in escrow in a real estate transaction; or. 408 (H.B. Sec. (11) failed to pay the required fee to obtain or renew a license. SECURITY: DURATION. 408 (H.B. 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. 1, eff. How to Locate Mobile Home Titles in Texas. Amended by Acts 2003, 78th Leg., ch. (d) A person may not act as an installer in this state unless the person holds an installer's license. June 18, 2003. Acts 2017, 85th Leg., R.S., Ch. (f) If a person licensed under this chapter fails to pay an administrative penalty that has become final or fails to comply with an order of the director that has become final, in addition to any other remedy provided by law, the director, after not less than 10 days' notice to the person, may without a prior hearing suspend the person's license. Acts 2005, 79th Leg., Ch. subchapter a: codes, standards, terms, fees and administration: subchapter b: . The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. 1201.352. (b) Except in the case of an applicant for a salesperson's license, successful completion of the course of instruction is a prerequisite to obtaining the license. September 1, 2017. (c) All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 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. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. The person's provisional status remains in effect until a sufficient number of installations completed by the person have been inspected by the department and found not to have any identified material violations of the department's rules. 408 (H.B. (2) each lienholder gives written consent, to be placed on file with the department. September 1, 2017. 863 (H.B. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. Once the agency approves the application, it issues the Statement of Ownership. Contact Us: By Mail: Assessment Department. Complete and attach the Inventory Schedule including the information for each sale during the . January 1, 2008. P.O. Our office does not update manufactured home titles. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. Sec. 53, eff. September 1, 2017. A closing date is then decided where the seller will move their possessions out of the home. 14A.256(a), eff. Amended by Acts 2003, 78th Leg., 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. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. 1201.204. January 1, 2008. 338, Sec. January 1, 2008. (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. 1201.354. 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. (7) "Manufacturer's certificate" means a document that meets the requirements prescribed by Section 1201.204. (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. 85(8), eff. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. Search Texas Statutes. 2019), Sec. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. (3) disputes responsibility concerning the warranty obligation. 2, eff. 2438), Sec. 1, eff. (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder conducts business; or. (a) or the appraisal district determines the applicant's ownership under Subsection (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. D. EPARTMENT OF . (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. (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. Acts 2005, 79th Leg., Ch. 338, Sec. 1201.111. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. 12, eff. (2) the home is offered as real property. 14, eff. 863 (H.B. How do I get a replacement title for a mobile home in Texas? Sec. 46, Sec. September 1, 2013. 863 (H.B. 863 (H.B. 1460), Sec. 71, eff. 2019), Sec. License Number License Holder Name. Added by Acts 2003, 78th Leg., ch. 1460), Sec. (e) A person may not repair, rebuild, or otherwise refurbish a salvaged manufactured home unless the person complies with the rules of the director relating to rebuilding a salvaged manufactured home. January 1, 2008. 1345 (S.B. 77 (H.B. (2) apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if: (A) the same person is the record owner of both the manufactured home and the real property; and. 1284 (H.B. 1510), Sec. 3361), Sec. 1460), Sec. (2) the county in which the violation occurs. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. This subsection does not apply to the release of a tax lien perfected with the department. 408 (H.B. You are accessing a Texas Department of Housing and Community Affairs information system. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. INSTALLER'S WARRANTY. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. (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. September 1, 2009. 85(3), eff. Acts 2017, 85th Leg., R.S., Ch. Please do not include open records requests with any other Tax Office correspondence. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. (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. (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. } If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. 1201.509. Acts 2007, 80th Leg., R.S., Ch. 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). 408 (H.B. NATURE OF PROPERTY. 49, 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. If there are no changes and you send the original COA or affidavit to the TDHCA, there are no required fees. All other counties are in Wind Zone I. 43, eff. As otherwise indicated below. Sec. January 1, 2008. Added by Acts 2001, 77th Leg., 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. housing division of the Texas Department of Housing and Community Affairs under Section 1201.207, Occupations Code, showing that the individual applying for the exemption is the owner of the manufactured Acts 2005, 79th Leg., Ch. Manufactured Homeowners' Recovery Trust Fund. The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter. (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. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. Associate Last Name. 85(5), eff. The rules must protect a lienholder recorded with the department. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . 338, Sec. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. 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. 1421, Sec. 338, Sec. 15, eff. September 1, 2017. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. After June 2003, the TDHCA replaced the Certificate of Title with a Statement of Ownership and Location (SOL), which eventually became known as a Statement of Ownership. (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. Added by Acts 2001, 77th Leg., ch. Sec. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. 2238), Sec. (a) A retailer or manufacturer may not transfer ownership of a HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to a consumer unless the retailer or manufacturer delivers to the consumer a formaldehyde health notice, subject to the director's rules concerning the notice. 2019), Sec. if (showMsg) { Acts 2017, 85th Leg., R.S., Ch. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. 2019), Sec. . September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Sec. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. Sell Lease . Acts 2011, 82nd Leg., R.S., Ch. 338, Sec. September 1, 2017. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. 1460), Sec. Acts 2013, 83rd Leg., R.S., Ch. 2, eff. 2, eff. Sec. 863 (H.B. Amended by Acts 2003, 78th Leg., ch. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. Added by Acts 2001, 77th Leg., ch. (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. 1201.002. 408 (H.B. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. 408 (H.B. Questions or comments, please call 1-800-500-7074. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. September 1, 2009. Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. Acts 2005, 79th Leg., Ch. (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. (b) An owner or lienholder may provide to the department a document of title or certificate of attachment and any additional information required by the department and request that the department issue a statement of ownership to replace the document of title or certificate of attachment. 2019), Sec. The serial number, VIN, seal number, and label number are all included on the SOL. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . Acts 2017, 85th Leg., R.S., Ch. Questions or comments, please call 1-800-500-7074. (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. September 1, 2017. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. September 1, 2017. Site Search: Manufactured Housing Report Options. Sec. (b) Not later than the 60th day after the effective date of the transfer of ownership or the date the seller or transferor obtains possession of the necessary and properly executed documents, the seller or transferor shall forward to the purchaser or transferee the necessary, executed documents. 13, eff. (b) To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000. 408 (H.B. 10, eff. The TDHCA requires a copy of the title commitment or policy. 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. June 18, 2003. 1201.061. Sec. (d) If the approval of a continuing education program expires between regularly scheduled board meetings, the director may, on receipt of the required renewal application, fee, and necessary documentation of education material, approve the continued administration of the program until the next board meeting. 2019), Sec. Out of Hours Emergency Care Menu White Cross Vets's home page Call us Derby - Alvaston01332 756 060 Bradford - Eccleshill01274 065 222 Middlesbrough - Coulby Newham01642 576 333 Doncaster - Balby01302 852323 famous gypsy families uk We will provide a status update on the issuance of vouchers for owned pets at the beginning of the new year, 2023 . 38, eff. (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. VENUE FOR HEARING. 2, eff. September 1, 2013. The appellant shall be provided at least three days' notice of the time and place of the hearing. (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. SECURITY REQUIRED. Sec. ); and. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. (c) A retailer's or manufacturer's compliance with United States Department of Housing and Urban Development regulations and the director's rules concerning the notice is conclusive proof that: (1) the consumer received sufficient notice of the risks of occupying the home; and. 2019), Sec. Description - Texas Statement of Ownership and Location. (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. 1201.155. 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. (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. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 46 (H.B. PROHIBITED REAL ESTATE TRANSACTION. PAYMENT BY SURETY OR FROM OTHER SECURITY. 408 (H.B. 1284 (H.B. 1201.502. Acts 2013, 83rd Leg., R.S., Ch. (3) "Alteration" means the replacement, addition, modification, or removal of equipment in a new manufactured home after sale by a manufacturer to a retailer but before sale and installation by a retailer to a purchaser in a manner that may affect the home's construction, fire safety, occupancy, or plumbing, heating, or electrical system. 1, eff. 338, Sec. (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. 34, eff. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. 863 (H.B. 13. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 863 (H.B. 1510), Sec. 1801 Congress Ave . 1201.208. Acts 2009, 81st Leg., R.S., Ch. 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. 863, Sec. Sec. (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. 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. 1201.405. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. Section 1201.003 of the Texas Occupations Code 85(5), eff. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. Sec. 1201.152. September 1, 2011. 19, eff. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. 2, eff. The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation. 24, eff. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. 1201.1025. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. FALSE OR MISLEADING INFORMATION. (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. (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. June 18, 2005. 2019), Sec. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. and. Acts 2007, 80th Leg., R.S., Ch. SEAL OR LABEL REQUIRED. INSPECTIONS NOT LIMITED; CORRECTIONS. June 1, 2003. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 Internet Address: APPLICATION FOR STATEMENT OF OWNERSHIP The filing of an application for the issuance of a Statement of Ownership later than . If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. June 1, 2003. 2438), Sec. DOWN PAYMENT. (2) the date the director determines that a claim does not exist against the security. 3.09, eff. A retailer may require a deposit on a specially ordered manufactured home. 1201.251. 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. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. 77, Sec. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. The director may issue an order to revoke, suspend, or deny a new or renewal license. Sec. (2) the expiration of a period not to exceed 150 days. 338, Sec. September 1, 2009.

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