texas department of manufactured housing statement of ownership

Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 8(1), eff. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. 408 (H.B. (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. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. 7, eff. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. 408 (H.B. 1201.360. September 1, 2017. January 1, 2008. Manufactured Housing Division - Online Statement of Ownership Application System. 1460), Sec. (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. 1201.210. Police were called to a home undergoing extensive renovations where the new owner reported building supplies, namely flooring, appeared to be missing around 11 a.m. Feb. 27. BROKER. (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. 2019), Sec. L. No. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. Section 1601 et seq.). 73(a)(3), eff. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. (b) The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director. 3.16, eff. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. 1201.216. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. Box 12489, Austin, Texas 78711. Application for Statement of Ownership. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). January 1, 2008. 2019), Sec. Added by Acts 2001, 77th Leg., ch. September 1, 2017. 1284 (H.B. 1201.003. Complete and attach the Inventory Schedule including the information for each sale during the . INSPECTION BY LOCAL GOVERNMENTAL UNITS. June 1, 2003. The United States has had its fair share of strange legislation in its existence thus far. Acts 2007, 80th Leg., R.S., Ch. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. 15(3), eff. Sec. (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. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. September 1, 2011. 7, eff. September 1, 2021. September 1, 2009. 58, eff. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. INSPECTIONS. Sec. 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. 1201.358. 1201.512. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 32, eff. 1284 (H.B. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. 1421, Sec. Austin Police Department turns to AI as staffing crisis looms 14A.254(a), eff. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. September 1, 2017. 12, eff. To receive a lost title replacement, the mobile home owner first needs to complete the Application for Statement of Ownership and Location (SOL) form. 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. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. 1270 (H.B. (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. 88(R) HB 3136 - Introduced version - Bill Text - capitol.texas.gov 1201.105. Acts 2007, 80th Leg., R.S., Ch. 41, eff. 863 (H.B. 1201.409. 1079 (H.B. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. 408 (H.B. 2238), Sec. REFUNDS. RULES RELATING TO CERTAIN PERSONS. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . A seal is the property of the department. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. Added by Acts 2001, 77th Leg., ch. 1201.162. ); (C) the rules adopted by the director; and. (e) The applicant shall pay the cost of a criminal history check under this section. January 1, 2008. 46, eff. (a) In selling a manufactured home to collect delinquent taxes, a tax assessor-collector is not required to comply with this subchapter or another provision of this chapter relating to the sale of a used manufactured home. 2019), Sec. June 18, 2003. 408 (H.B. 1276, Sec. If homeowners wish to return their manufactured home from real property back to personal property, they can do so by applying for a new Statement of Ownership. 863 (H.B. 408 (H.B. Acts 2005, 79th Leg., Ch. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. Tarrant County Tax Office. 14A.257(b), eff. (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. Acts 2017, 85th Leg., R.S., Ch. 1201.202. Door Unit Mobile Home 32X76 Lh/Rh. 1421, Sec. Manufactured Housing Division (21-a) "Nonresidential use" means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling. Search Texas Statutes. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 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. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. Once the agency approves the application, it issues the Statement of Ownership. 1814), Sec. Acts 2007, 80th Leg., R.S., Ch. 1421, Sec. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. 1284 (H.B. 1284 (H.B. 36, eff. Sec. (b) The department shall refuse to issue a license to or renew the license of a person who does not comply with the requirement of Subsection (a). (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. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. 3.11, eff. 1079 (H.B. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. September 1, 2009. A waiver by a consumer of this chapter is contrary to public policy and void. September 1, 2017. September 1, 2017. 77 (H.B. The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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. . 2238), Sec. This includes an age limit on those who use playgrounds in Kansas, a prohibition on masked groups in New York (until the COVID-19 pandemic changed life as we know it) and a ban on using ferrets as hunting animals in West Virginia. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 1201.062. Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (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. Acts 2017, 85th Leg., R.S., Ch. Sec. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. "Standards code" means the Texas Manufactured Housing Standards Code. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. (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. (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. (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. 22, eff. Sec. The hearing shall be governed by Chapter 2001, Government Code. Austin, Texas, 78744. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. Sec. (a) or the appraisal district determines the applicant's ownership under Subsection (f) A person whose license has been expired for one year or more may not renew the license. (b) As a part of the application, the purchaser or transferee must certify to the receipt of a written notice that the home is not or may not be habitable. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. 408 (H.B. January 1, 2008. A closing date is then decided where the seller will move their possessions out of the home. 863 (H.B. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. 2438), Sec. 1421, Sec. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. 863 (H.B. 1201.454. (3) shall comply with all applicable provisions of the Finance Code. June 18, 2003. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. 1201.351. Added by Acts 2001, 77th Leg., ch. 22, eff. Acts 2007, 80th Leg., R.S., Ch. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 2238), Sec. 408 (H.B. 85(3), eff. 2019), Sec. Sec. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. Acts 2017, 85th Leg., R.S., Ch. 10, eff. (2) a "warehouseman" under Chapter 24, Property Code. 1201.6041. The department remains subject to the other requirements of Subsection (a). (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. 22, eff. (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.