texas department of manufactured housing statement of ownership

(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. Added by Acts 2001, 77th Leg., ch. 1276, Sec. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. Added by Acts 2017, 85th Leg., R.S., Ch. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. Sec. 2019), Sec. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. // function that displays status bar message (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. 34(1), eff. NOTICE OF NEED FOR WARRANTY SERVICE. (c) The renewal license expires on the second anniversary of the date the license was renewed. Acts 2011, 82nd Leg., R.S., Ch. 1460), Sec. 1079 (H.B. The hearing shall be governed by Chapter 2001, Government Code. September 1, 2017. 408 (H.B. of Housing and Community Affairs to verify an applicant's ownership of a manufactured 1201.361. 1460), Sec. Sec. 1201.507. (b) A license application must be accompanied by: (1) proof of the security required by this subchapter; (2) payment of the fee required for issuance of the license; and. (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. 2019), Sec. 16, eff. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. 1079 (H.B. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. September 1, 2017. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. 1460), Sec. (h) An order revoking the license of a retailer, broker, installer, or salesperson may provide that the person is prohibited, without obtaining prior written consent of the director, from being a related person of a licensee. Sec. (C) does not include a recreational vehicle as defined by 24 C.F.R. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. The owner must apply for this document within 60 days of the sale date or risk incurring a late fee and a delay of the statement's issuance. (c) If the required face amount of a security is impaired by the payment of a claim, the license holder shall restore the security to the required face amount not later than the 60th day after the date of impairment. Mhd Form 1023 - Fill Out and Sign Printable PDF Template | signNow (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. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. Added by Acts 2003, 78th Leg., ch. 1201.603. 1510), Sec. 1201.118. 2, eff. September 1, 2019. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. (c) A rule takes effect on the 30th day after the date of publication of notice that the rule has been adopted, except that a rule relating to installation standards may not take effect earlier than the 60th day after the date of publication of notice unless the board has determined that an earlier effective date is required to meet an emergency and the standard was adopted under the emergency rulemaking provisions of Chapter 2001, Government Code. 863 (H.B. (3) the department by rule shall require evidence that the holder or servicer requesting such after-the-fact completion of a real property election has complied with the requirements of this subsection. 4, eff. 46, eff. (b) The consumer's written acknowledgement of the receipt of the notice is conclusive proof of the delivery of the notice and the posting of the notice in compliance with federal regulations. June 1, 2003. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. 863 (H.B. (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. (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. 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. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. January 1, 2008. BOX 12489 Austin, Texas 78711-2489 (c) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). (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. Sec. 3.09, eff. 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. 1201.609. (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). (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. 1201.113. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. 1421, Sec. Sec. (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. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. (25) "Rules" means the rules of the department. 11, eff. Sec. June 1, 2003. 1201.2075. September 1, 2009. January 1, 2008. 1284 (H.B. September 1, 2017. 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. 30, eff. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. LICENSE EXPIRATION. 863 (H.B. 2238), Sec. DISCLOSURE BY RETAILER AND LENDER. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. This form is available by subscription . September 1, 2011. and. June 1, 2003. 1460), Sec. Section 5401 et seq. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. 17, 18, eff. 69, eff. A waiver by a consumer of this chapter is contrary to public policy and void. MANUFACTURED HOME ABANDONED. 2438), Sec. 1460), Sec. } (3)a sworn affidavit by the applicant stating that: (A)the applicant is the owner of the manufactured home; (B)the seller of the manufactured home did not provide the applicant with the applicable January 1, 2008. Code, Chapter 1201). Once the agency approves the application, it issues the Statement of Ownership. 28, 51, eff. (a-1). 77 (H.B. Sec. (3) $4,000 for each subsequent violation. 408 (H.B. (a) Except as otherwise provided by Subchapter C, the manufactured homeowner consumer claims program shall be reimbursed by the surety on a bond or from other security filed under Subchapter C for the amount of a claim that is paid out under the manufactured homeowner consumer claims program by the director to a consumer in accordance with this subchapter. 1276, Sec. 77 (H.B. Sec. Sec. January 1, 2008. September 1, 2017. January 1, 2008. Statements of Ownership and Location (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. 1201.010. 2019), Sec. 1421, Sec. (11) "Director" means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs. June 18, 2005. 10, eff. 2019), Sec. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. 46 (H.B. January 1, 2008. 3361), Sec. January 1, 2008. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. September 1, 2017. Questions or comments, please call 1-800-500-7074. The the lease on our 2016 Honda CR-V comes up this . 77 (H.B. 863 (H.B. (d) After consideration of the comments, if any, the director shall issue a final determination. PROGRAM MONITORING. September 1, 2017. Sec. // The java used for navigation in the Public OM page (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. PDF 50-268 Retail Manufactured Housing Inventory Tax Statement Sec. Sec. 1421, Sec. (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. 47, eff. (C) the use of the property is changed as described by Section 1201.216. (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. 408 (H.B. (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031. . Acts 2007, 80th Leg., R.S., Ch. Texas Manufactured Housing Association, Inc., to Nancy Fuller . (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. June 1, 2003. Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. 14, eff. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 13, eff. Acts 2007, 80th Leg., R.S., Ch. 1201.255. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. Part 1026. 2019), Sec. The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter. 85(1), eff. 338, Sec. 1460), Sec. June 1, 2003. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. Storms roll eastward after slamming South; 8 deaths reported (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. 1460), Sec. Added by Acts 2001, 77th Leg., ch. Finding the perfect mobile home doors is a combination of design and personal style. Active Inactive All. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. January 1, 2008. If you have any questions that we could assist with, please contact our office at 512-943-1601 or by email at bwilliams@wilco.org. 408 (H.B. 410 (S.B. September 1, 2013. June 1, 2003. 2019), Sec. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. 51, eff. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. Sec. If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department. (2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person. SALESPERSON. 1201.203. 1421, Sec. (b) The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a). Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. INSPECTION SEARCH WARRANTS. 1421, Sec. 1284 (H.B. If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. Added by Acts 2019, 86th Leg., R.S., Ch. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. 8, eff. 1201.155. (f-1) A retailer may not be licensed to operate more than one location under a single license. Acts 2005, 79th Leg., Ch. 1, eff. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. In this Buying a Mobile Home in Texas: Everything You Need to Know, Application for Statement of Ownership and Location (SOL), Manufactured Home Ownership Records database, Questions To Ask When Buying A Used Mobile Home. June 1, 2003. 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. 1460), Sec. 944), Sec. 408 (H.B. (d) While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law. September 1, 2017. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. TRANSPORTATION OF MANUFACTURED HOUSING. Sec. 15(3), eff. Added by Acts 2001, 77th Leg., ch. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. 36, eff. P. O. 2019), Sec. By contrast, about a third of site-built homeowners earn . FALSE OR MISLEADING INFORMATION. 1460), Sec. 1201.006. 1276, Sec. Sec. 52, eff. Here's part three of Fox News Digital's list of the most bizarre and . Houston, Texas 77210-2109. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. 25, eff. Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Sec. Calling 800-500-7074. Manufactured Homes - Harris County Tax Office If the changes are not properly recorded with the Appraisal District, sellers may find themselves being sued for taxes incurred after they sold the home and buyers may be faced with unexpected tax bills for prior years omitted from the tax roll or that had invalid exemptions. 2019), Sec. 408 (H.B. APPLICABILITY OF BUSINESS & COMMERCE CODE. CRIMINAL PENALTY. 1460), Sec. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. 1421, Sec. September 1, 2017. (3) disputes responsibility concerning the warranty obligation. 44, eff. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder. . 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. 2, eff. The use changes, as from residential to nonresidential and vice versa. (2) adopt rules intended to maintain the historical passage rate for the examination. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. Mobile Homes - Brazoria County Appraisal District Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. Added by Acts 2001, 77th Leg., ch. 1460), Sec. 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. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 408 (H.B. (b) A federally insured financial institution or lender approved or authorized by the United States Department of Housing and Urban Development as a mortgagee with direct endorsement underwriting authority that fully complies with federal Truth in Lending disclosures concerning the terms of a manufactured housing transaction is exempt from the disclosure provisions of this section. Acts 2007, 80th Leg., R.S., 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. 30, eff. 1201.453. 408 (H.B. INSTRUCTION FEE. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. 863 (H.B. (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. 863 (H.B. (c-1) The department may permit the use of any device or procedure that has been reviewed and approved by a licensed engineer provided that such use or procedure complies with any instructions, conditions, or other requirements specified by that engineer. (b) The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale: (1) for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or. 1284 (H.B. Sec. If you have any questions, feel free to contact us today. 1460), Sec. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. 1079 (H.B. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. CONSUMER COMPENSATION. 3361), Sec. 85(2), eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. January 1, 2008. June 18, 2005. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. 408 (H.B. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. Amended by Acts 2003, 78th Leg., ch. (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. Acts 2007, 80th Leg., R.S., Ch. The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a). 28, eff. (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. (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.

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