texas department of manufactured housing statement of ownership

3613), Sec. 1201.056. Section 1601 et seq.). Added by Acts 2013, 83rd Leg., R.S., Ch. License Holder Name [Help] Associate First Name. Category: Texas Real Estate - Manufactured Homes. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. January 1, 2008. 3361), Sec. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . (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. September 1, 2013. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. 1201.407. If you have any questions, feel free to contact us today. (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter if the director has reasonable cause to believe that a person has violated or is about to violate any provision of this chapter or a rule adopted under this chapter. 863 (H.B. LICENSE FEES. 7, eff. Acts 2017, 85th Leg., R.S., Ch. 66, eff. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home. 1510), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. Sec. (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. (b) Not later than the 60th day after the date of the retail sale, the retailer shall provide to the department the completed application for the issuance of a statement of ownership. 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 . 20, 21, eff. 3361), Sec. 1276, Sec. 408 (H.B. Issuance of Statements of Ownership. 1201.151. September 1, 2017. September 1, 2013. June 18, 2003; Acts 2003, 78th Leg., ch. Sec. September 1, 2017. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. January 1, 2008. 2019), Sec. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. 1460), Sec. Added by Acts 2003, 78th Leg., ch. 46, Sec. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. (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). 408 (H.B. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. A salvaged manufactured home may be sold only to a licensed retailer. (d) A civil action to enjoin a violation of this section may be brought by: (1) a purchaser in the county in which the violation occurs; or. 1201.356. GENERAL PROVISIONS. 42, eff. 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.. Acts 2007, 80th Leg., R.S., Ch. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (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. 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. You may check that division's records through its website or contact that division to learn any recorded tax liens. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. 2019), Sec. FAILURE TO PROVIDE WARRANTY SERVICE. 408 (H.B. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. June 18, 2005. Contact Us: By Mail: Assessment Department. 30, eff. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 56, 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. // LiaJavaInput 59, eff. September 1, 2017. Section 5401 et seq. 1201.104. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. TDHCA Info. 1201.1511. Sec. September 1, 2017. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. Added by Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 1201.605. (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. 3.07, eff. Acts 2007, 80th Leg., R.S., Ch. 56, eff. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 1201.358. ), the board shall establish fees as follows: (1) if the department acts as a design approval primary inspection agency, a schedule of fees for the review of HUD-code manufactured home blueprints and supporting information, to be paid by the manufacturer seeking approval of the blueprints and supporting information; (2) except as provided by Subsection (e), a fee for the inspection of each HUD-code manufactured home manufactured or assembled in this state, to be paid by the manufacturer of the home; (3) a fee for the inspection of an alteration made to the structure or plumbing, heating, or electrical system of a HUD-code manufactured home, to be charged on an hourly basis and to be paid by the person making the alteration; (4) a fee for the inspection of the rebuilding of a salvaged manufactured home, to be paid by the retailer; (5) a fee for the inspection of a used manufactured home to determine whether the home is habitable for the issuance of a new statement of ownership; and. 20, eff. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. Amended by Acts 2003, 78th Leg., ch. 1460), Sec. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. Acts 2017, 85th Leg., R.S., Ch. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . September 1, 2017. 863 (H.B. DISCLAIMER OF IMPLIED WARRANTY. Sec. Acts 2005, 79th Leg., Ch. 77 (H.B. (b) The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format. (2) any generic installation standards promulgated by rule shall first be reviewed by an advisory committee established by the board comprised of representatives of manufacturers, installers, and manufacturers of stabilization systems or devices, including one or more licensed engineers. 55, eff. (31) 2, eff. 1201.351. } 944), Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. (a) if the appraisal district verifies the applicant's ownership under this subsection. 2019), Sec. 338, Sec. (g) The department may request that a tax collector confirm that no tax suit has been timely filed on any manufactured home tax lien more than four years in delinquency. 338, Sec. 3361), Sec. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. 17, eff. 13, eff. (4) all exterior doors and windows are in place and operate properly. 1421, Sec. 85(5), eff. Harris County Tax Office, (a) On written request, the department shall provide information held by the department on: (1) the current ownership and location of a manufactured home; and. Sec. (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. (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. Can I Use a Bill of Sale for a Texas Trailer Title? June 18, 2003. 10, eff. 1201.301. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. License Expiration Date. "Standards code" means the Texas Manufactured Housing Standards Code. 2019), Sec. 3.05, eff. 2238), Sec. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. 1201.510. 1284 (H.B. (a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. 19, eff. function dmim(msgStr) { (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. 49, eff. 863 (H.B. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. If the seller files the SOL form after 60 days, they can face a fee of up to $100. Any license under this chapter is valid for two years. September 1, 2017. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. 21, eff. Acts 2009, 81st Leg., R.S., Ch. //-->, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. 2019), Sec. Manufactured Homeowners' Recovery Trust Fund. Added by Acts 2017, 85th Leg., R.S., Ch. (B) other information required by this chapter. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. (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. A. FFAIRS. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. Texas Department Of Manufactured Housing Statement Of Ownership (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. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. Amended by Acts 2003, 78th Leg., ch. 338, Sec. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. Sec. A waiver by a consumer of this chapter is contrary to public policy and void. 98, eff. 24, eff. 338, Sec. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. Buying, Selling, or Moving a Mobile Manufactured Home 1201.002. Texas Occupations Code Section 1201.003 - Definitions September 1, 2017. CONSUMER COMPENSATION. Acts 2017, 85th Leg., R.S., Ch. 3.16, eff. September 1, 2017. 4, eff. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. 2, eff. JCPenney - Wikipedia June 1, 2003. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. 2438), Sec. 1201.216. 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.