12, eff. Texas Department Of Manufactured Housing Statement Of Ownership . 6, eff. (d) A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. The instruction under this subsection is in addition to the instruction required under Subsection (a). The period for the performance of any required warranty work may be shortened by the director as much as is feasible if the warranty work is believed necessary to address a possible imminent threat to health or safety. 14A.254(b), eff. ELECTION BY OWNER. 2438), Sec. Acts 2005, 79th Leg., Ch. 26, eff. Acts 2005, 79th Leg., Ch. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. 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. 38, eff. 1421, Sec. (31) 863 (H.B. 1201.220. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). Added by Acts 2001, 77th Leg., ch. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. 1, eff. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. 42, eff. regardless of whether the applicant has elected to treat the manufactured home as 16, eff. (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. September 1, 2017. 1201.605. 1201.216. ); and. Acts 2017, 85th Leg., R.S., Ch. (3) another state may prohibit installation of the home in a Wind Zone II or III area. Fort Worth, TX 76196. 37, eff. (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. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. Manufactured homes that are declared as personal property are taxed separately from the land. January 1, 2008. 32, eff. If you have any questions, feel free to contact us today. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. Sec. Site Search: Manufactured Housing Report Options. 28, 51, eff. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. (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. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. 1201.357. (d) If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument. 1460), Sec. 2238), Sec. 2438), Sec. 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. 863 (H.B. June 18, 2003. // function that displays status bar message Statement of Ownership Application Instructions (PDF) . September 1, 2011. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 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. Sec. 2.001. Acts 2017, 85th Leg., R.S., Ch. DEPARTMENT POWERS AND DUTIES. (11) "Director" means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. September 1, 2017. 74.07, eff. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. (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. 60, eff. Added by Acts 2001, 77th Leg., ch. 2019), Sec. September 1, 2017. June 1, 2003. The TDHCA will review the initial Statement of Ownership application. A salvaged manufactured home may be sold only to a licensed retailer. (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. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. 1421, Sec. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. 1201.611. January 1, 2008. (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. Sec. 1201.354. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. 1510), Sec. 2019), Sec. 1016, Sec. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (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. Acts 2011, 82nd Leg., R.S., Ch. 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. PROHIBITED PURCHASE. (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. Amended by Acts 2003, 78th Leg., ch. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. 2019), Sec. (a-1) If the applicant is not an individual, the applicant must have at least one related person who satisfies the requirements of Subsection (a). 85(3), eff. 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. (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. 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. Questions or comments, please call 1-800-500-7074. 1201.055. (e) Repealed by Acts 2003, 78th Leg., ch. 2315), Sec. 2019), Sec. 1510), Sec. 15, eff. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. 15(2), eff. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. 1201.351. Sec. TRANSPORTATION OF MANUFACTURED HOUSING. (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. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. 34(1), eff. Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2) the plumbing, heating, and electrical systems are in safe working order; (A) free from a substantial opening that was not designed; and. 1201.217. June 1, 2003. Sec. 408 (H.B. Sec. 1201.109. September 1, 2017. Step 3: Check exemptions that apply to you. 2019), Sec. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. 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. 1201.1031. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. (a) if the appraisal district verifies the applicant's ownership under this subsection. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. 1201.207. 338, Sec. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. 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. 1421, 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 for a nonresidential use other than a business use. An appeal is a contested case governed by Chapter 2001, Government Code. A retailer may require a deposit on a specially ordered manufactured home. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1201.058. 408 (H.B. Those numbers identify the mobile home when you look up taxes and liens associated with the property. 1201.1511. 19, eff. (g) Notwithstanding Subsection (f), an owner of real property on which a manufactured home has been abandoned may apply for a new statement of ownership with respect to a home that was previously declared abandoned and then resold and abandoned again. Added by Acts 2001, 77th Leg., ch. Sec. 1201.151. The consumer shall return the completed application to the retailer. Sec. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. Sec. January 1, 2008. 1276, Sec. (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. (b) The standards and requirements adopted under Subsection (a)(1) are the standards code. Amended by Acts 2003, 78th Leg., ch. 2019), Sec. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. 408 (H.B. 2, eff. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. Added by Acts 2003, 78th Leg., ch. (b) On application, the municipality shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot, and rental community or park. 46 (H.B. Sec. September 1, 2017. Added by Acts 2001, 77th Leg., ch. 1201.511. 408 (H.B. January 1, 2008. Sec. September 1, 2013. 863 (H.B. 16, eff. 10, eff. 863 (H.B. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. 408 (H.B. (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. Sec. 408 (H.B. 1201.007. 1460), Sec. (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. (1) contain the information required by the United States Department of Housing and Urban Development; and. Sec. 4, eff. 1284 (H.B. (a) This section applies to a transaction in which a manufactured home is sold as personal property. Acts 2007, 80th Leg., R.S., Ch. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. (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. 410 (S.B. 338, Sec. Acts 2009, 81st Leg., R.S., Ch. (b) Notwithstanding the limitations and terms of any warranty, the director may, whenever the department identifies any aspect of an installation that does not conform to applicable requirements, order the licensee who performed the installation to correct it, or, if that licensee is no longer licensed, reassign correction to a licensed installer and reimburse the person from the fund for the costs of correction. 46 (H.B. License Holder Name [Help] Associate First Name. 1201.219. 408 (H.B. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. Sec. 43, eff. . Sec. Added by Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. 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. Prior to your mobile home closing - Continued. INSPECTION BY LOCAL GOVERNMENTAL UNITS. 18, eff. 1, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. (a) Not later than the 10th day after the date of a consumer complaint home inspection, the department shall send a written report and any order to the consumer, manufacturer, retailer, and installer by certified mail, return receipt requested. 3.12, eff. Acts 2017, 85th Leg., R.S., Ch. (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. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. 1460), Sec. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. January 1, 2008. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. (2) submit to a credit underwriter or lending institution information known to be false or misleading. 85(5), eff. January 1, 2008. 73(a)(3), eff. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. (f-1) A retailer may not be licensed to operate more than one location under a single license. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. (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. 2, eff. 2238), Sec. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. 77 (H.B. An offense under this section is a Class B misdemeanor. (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. 46 (H.B. 1079 (H.B. Acts 2017, 85th Leg., R.S., Ch. 3, eff. 3.06, eff. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . 77, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. June 18, 2005. 1284 (H.B. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. Fax: 517-241-0130. 1201.451. 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. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. Application . (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. Sec. 30, eff. January 1, 2008. 5, eff. June 1, 2003. 499), Sec. Manufactured Housing has moved! 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. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). 2019), Sec. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. (f) A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: Sec. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. Sec. 1460), Sec. 53, eff. Sec. (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. } 1460), Sec. (2) govern the business conduct of license holders. Acts 2013, 83rd Leg., R.S., Ch. DISCLAIMER OF IMPLIED WARRANTY. 1095 (H.B. License Expiration Date. (d) Not later than the 30th day after the installation of a new HUD-code manufactured home, the retailer shall deliver to the consumer a copy of the warranty given by the licensed installer. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. 1201.154. 1201.1505. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. 1284 (H.B. Acts 2017, 85th Leg., R.S., Ch. Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. 2, eff. 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 . (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. 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. 1460), Sec. (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. 1276, Sec. 11, eff. 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. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. Sec. 2, eff. 408 (H.B. Sec. 45, eff. 2238), Sec. 1460), Sec. (6) "Broker" means a person engaged by one or more other persons to negotiate or offer to negotiate a bargain or contract for the sale or exchange of a manufactured home for which a certificate or other document of title has been issued and is outstanding. Acts 2017, 85th Leg., R.S., Ch. * Note: These forms are available as Add-Ons to your existing TMHA Membership. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. 338, Sec. DEFINITIONS. (b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license. Any. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Search Texas Statutes. MM/DD/YYYY. 57, eff. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. Contact Us: By Mail: Assessment Department. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. Acts 2007, 80th Leg., R.S., Ch. 14A.251(a), eff. 1421, Sec. January 1, 2008. (B) the sale or lease occurs in a single real estate transaction. 2019), Sec. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. 863 (H.B. (3) the information and the cost required under Section 1201.1031. (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. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . 408 (H.B. Added by Acts 2001, 77th Leg., ch. Sec. September 1, 2021. 2438), Sec. 34, eff. 1201.453. 47, eff. 1814), Sec. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. 2, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Manufactured Housing. Sec. June 18, 2003. September 1, 2009. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. (2) real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency.