3.15, eff. 1201.207. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. FALSE OR MISLEADING INFORMATION. The TDHCA will order an inspection to make sure the home is habitable for residents. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. 863 (H.B. (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. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. 77 (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. (3) approving a standard proposed by a local governmental unit under Section 1201.252. 863 (H.B. 10, eff. 26, eff. If you want to sell more than one within that time frame, you will need to be a licensed retailer with the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division. Section 4001 et seq. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. Amended by Acts 2003, 78th Leg., ch. The department shall cooperate with all local governmental units in this state. Acts 2017, 85th Leg., R.S., Ch. (e) A tax lien perfected with the department may be released only by: (1) filing with the department a tax certificate or tax paid receipt in accordance with Section 32.015, Tax Code; (2) filing a request for the release with the department on the form provided by the department; (3) following the department's procedures for electronic tax lien release on the department's Internet website; (4) a tax collector filing a tax lien release with the department as provided by Subsection (f); or. 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. Sec. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205; and. 85(3), eff. 43, eff. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. (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. 1201.201. Sept. 1, 2003. 2438), Sec. 60, eff. Sec. (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. (b) A salesperson may not submit to a retailer information known to be false or misleading. (c)The owner of land that qualifies as a residence homestead under this section is June 1, 2003. ); (C) the rules adopted by the director; and. 14A.252(a), eff. 944), Sec. If you can't find the home you are looking for, try looking in our archived records. Once you have completed the form listing the requested information, you may mail it to: CONSUMER COMPLAINT HOME INSPECTION. The members of the committee shall have no personal liability for providing this advice. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 2019), Sec. Sec. 1201.461. (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor. 2, eff. The department may suspend or revoke the license of a retailer who fails to satisfy a perfected inventory lien. An incomplete application can also delay processing. 2019), Sec. (2) payment of any use tax owed to the state. 1201.552. When ownership is established, all manufactured homes, house trailers, and mobile homes are issued one certificate of title by the Department of Motor Vehicles (DMV) because they are considered vehicles and not fixed houses. September 1, 2009. 1201.220. September 1, 2009. 14, eff. 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. (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. Acts 2013, 83rd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. The bond or other security is payable to the manufactured homeowner consumer claims program. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Section 5401 et seq. September 1, 2017. (b) Repealed by Acts 2005, 79th Leg., Ch. (6) the reported date of the installation of the home. September 1, 2009. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. 408 (H.B. Sec. (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. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. } Acts 2017, 85th Leg., R.S., Ch. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. (12) any other information the board requires. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. ); and. LICENSE APPLICATION. Acts 2011, 82nd Leg., R.S., Ch. (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. Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. DEFINITIONS BINDING. 11, eff. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. (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. 1421, Sec. 1201.351. (e) Repealed by Acts 2003, 78th Leg., ch. 408 (H.B. INSPECTION OF LICENSEE RECORDS. 6, eff. 15(2), eff. 18, eff. 69, eff. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). Once the agency approves the application, it issues the Statement of Ownership. 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. 1421, Sec. 408 (H.B. Added by Acts 2003, 78th Leg., ch. 1201.062. // Website by: Left Hand Design, Manufactured Home and Space Lease Agreement, Notice for Dwelling Located in Floodplain, Notice for Dwelling Located in Area of Flooding Within Last 5 Years, Consumer Consent Notice E-Sign Act & Texas Uniform Electronic Transactions Act, PUC's Rules for Water and Sewer Submetering or Allocation, Water and Wasterwater Submetering Addendum, Water and Wasterwater Allocation Addendum, Lease with an Option to Purchase Addendum, Regulation M: Closed-End/Net Lease Disclosure, 30-Day Notice to Vactate for Nonpayment at a CARES Act Covered Property, 3-Day Notice to Vacate For Other Than Nonpayment, 10-Day Notice to Vacate For Other Than Nonpayment. Before buying a mobile home or transferring ownership in Texas, you want to first check the department records for tax liens, mortgage liens, and current ownership information. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. 863 (H.B. (3) disputes responsibility concerning the warranty obligation. (b) If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department. The TDHCA will review the initial Statement of Ownership application. 77 (H.B. DEFINITIONS. 863 (H.B. 408 (H.B. You may check that division's records through its website or contact that division to learn any recorded tax liens. 863 (H.B. Sec. 863 (H.B. Section 5401 et seq. September 1, 2011. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. The instruction under this subsection is in addition to the instruction required under Subsection (a). (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. (c) Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of: (3) the warranties given by the manufacturers of appliances or equipment included with the home; and. (b) A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if: (1) the manufactured home is attached; and. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. 85(2), eff. 3.05, eff. 2438), Sec. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. Sec. 338, Sec. 3361), Sec. (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. The form shall also conspicuously disclose the consumer's right of rescission. 2, eff. (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. 35, eff. Sec. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. Acts 2013, 83rd Leg., R.S., Ch. 2019), Sec. 1201.053. Acts 2007, 80th Leg., R.S., Ch. They also found a . 1201.455. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. Added by Acts 2001, 77th Leg., ch. 100 E. Weatherford Street. Acts 2005, 79th Leg., Ch. Section 5401 et seq. 2438), Sec. 30, eff. 1460), Sec. 863 (H.B. 338, Sec. (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. (a) Except as provided by Subsection (g), as a requirement for a manufacturer's, retailer's, broker's, installer's, or salesperson's license, a person who was not licensed or registered with the department or a predecessor agency on September 1, 1987, must, not more than 12 months before applying for the person's first license under this chapter, attend and successfully complete eight hours of instruction in the law, including instruction in consumer protection regulations. 408 (H.B. 8(1), eff. SEAL OR LABEL REQUIRED. 2438), Sec. M. ANUFACTURED . 408 (H.B. January 1, 2008. (e) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee. 408 (H.B. . June 1, 2003. (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. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. June 1, 2003. 77 (H.B. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 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 12, eff. 1201.362. 52, eff. 20, eff. 1276, Sec. A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable. Added by Acts 2001, 77th Leg., ch. 13, eff. A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with: (1) all requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. The warranty must conspicuously disclose that notice requirement to the consumer. 7, eff. All Rights Reserved. 29, eff. (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. (b) Except as provided by Subsection (a) and subject to Subsection (d), a lien on a manufactured home is perfected only by filing with the department the notice of lien on a form provided by the department. Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. 408 (H.B. 2238), Sec. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. 338, Sec. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. The TDHCA will review the initial Statement of Ownership application. No change of ownership or location is complete until you have, both, updated the Statement of Ownership with the TDHCA and informed the Appraisal District of the changes. "; (8) a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names; (10) a statement of whether the owner has elected to treat the home as real property; (11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. 408 (H.B. Amended by Acts 2003, 78th Leg., ch. (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. 408 (H.B. January 1, 2008. 1421, Sec. 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.
Gilbert Artemus (Artie) Darrell