texas department of manufactured housing statement of ownership

77 (H.B. 3.07, eff. 77 (H.B. 863 (H.B. (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 Texas Parks and Wildlife. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. 1201.362. Current as of April 14, 2021 | Updated by FindLaw Staff. September 28, 2011. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. 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. ELECTRONIC MEANS AUTHORIZED. (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. If a retailer sells the home, but does not help the buyer or provide them with the documents they need to file for Statement of Ownership, the buyer can file a complaint with the TDHCA using its Consumer Complaint form. 14, eff. Online Transactions - Manufactured Housing Sec. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 2019), Sec. 2019), Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. January 1, 2008. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. September 1, 2009. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. 1201.453. STATE INSPECTORS. Unauthorized use is prohibited, and usage may be subject to security testing and monitoring. Amended by Acts 2003, 78th Leg., ch. 338, Sec. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. (f) If a salvaged manufactured home is rebuilt in accordance with this chapter and the rules of the director, the director shall, on application, issue a new statement of ownership that indicates that the home is no longer salvaged. 1201.359. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or. (4) all exterior doors and windows are in place and operate properly. (28) "Seal" means a device or insignia issued by the director that, for title purposes, is to be attached to a used manufactured home as required by the director. Acts 2017, 85th Leg., R.S., Ch. 85(3), eff. January 1, 2008. 408 (H.B. September 1, 2013. (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer. 863 (H.B. September 1, 2017. (c) A notice of appeal and request for hearing must be filed with the director not later than the 30th day after the date of notice of the director's action. Sept. 1, 2003. Sec. Fax: 517-241-0130. 1460), Sec. June 1, 2003. 2238), Sec. 863 (H.B. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. Sec. (e) A deposit becomes a down payment upon execution of a sales purchase contract. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. 47, eff. 1201.107. (f) This section does not apply if the person who owns the real property on which the manufactured home is located and who is declaring that the home is abandoned, or any person who is related to or affiliated with that person, has now, or has ever owned, an interest in the manufactured home. Acts 2005, 79th Leg., Ch. (d) To maintain affordability of manufactured homes in this state, the board shall: (1) conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and. 338, Sec. The mobile home's lien information changes. 1460), Sec. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. Sept. 1, 2003. Sec. The fee for a single is $35, doublewide is $70, and triple wide is $105. (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. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. January 1, 2008. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. Acts 2011, 82nd Leg., R.S., Ch. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. 40, eff. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 33, eff. 1201.608. 2019), Sec. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. (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. Sec. 1421, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 1201.222. PDF APPLICATION FOR STATEMENT OF OWNERSHIP AND LOCATION - The Portal to (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. Section 3282.8(g). 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. 1201.055. 1801 Congress Ave . 16, eff. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. Application . 408 (H.B. (d) A retailer or manufacturer may not vary the content or form of the notice. September 1, 2013. The seller is required to give the buyer all of the required documents, such as the tax lien, Statement of Ownership and Location or the title certificate, and any past inspection reports or repair invoices. January 1, 2008. (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder conducts business; or. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. 1201.606. Sec. 408 (H.B. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. September 1, 2017. 77, Sec. 1284 (H.B. 1), Sec. Emailing the TDHCA at [email protected], Sending their concerns via mail to TDHCA, P.O. if (document.images) { 73(a)(5), eff. September 1, 2017. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. 52, eff. subchapter a: codes, standards, terms, fees and administration: subchapter b: . 2019), Sec. GENERAL PROVISIONS. 1421, Sec. January 1, 2008. (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. . June 18, 2003. 1460), Sec. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . (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. 32, eff. 1201.609. 37, eff. INSPECTION OF LICENSEE RECORDS. January 1, 2008. INSTRUCTION FEE. June 18, 2003. 14A.254(a), eff. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. 1421, 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. Sec. 14A.260(a), eff. 1284 (H.B. A violation of this subsection is a Class B misdemeanor. (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. 408 (H.B. 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. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. 2438), Sec. Sec. 1421, Sec. January 1, 2008. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. (B) sells or exchanges at least two manufactured homes to consumers in a 12-month period. Sec. Acts 2017, 85th Leg., R.S., Ch. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . June 1, 2003. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. Acts 2013, 83rd Leg., R.S., Ch. . (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. (a) The board shall adopt standards and requirements for: (1) the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and. Acts 2013, 83rd Leg., R.S., Ch. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. 338, Sec. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. 16, eff. 408 (H.B. September 1, 2017. 1460), Sec. 27, eff. // LiaJavaInput To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). . Once you have completed the form listing the requested information, you may mail it to: 1201.451. 3613), Sec. 2019), Sec. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Acts 2005, 79th Leg., Ch. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. 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. The dos and don'ts of buying manufactured housing June 18, 2003; Acts 2003, 78th Leg., ch. 18, eff. (b) A violation of this section does not create a cause of action or claim for damages for a consumer. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. Sec. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. September 1, 2009. Processing takes about 15 business days, but the applicant can pay an additional $55 service fee to process it within five business days from receipt. If you are not receiving a separate bill, contact our office so that we may search for a tax account and instruct you on how to have the home added to the appraisal roll. Beginning on September 1, 2003, the TDHCA considered all outstanding documents of title as Statements of Ownership, which the agency issues from MHD headquarters in Austin.They must also apply for a statement when: A Statement of Ownership application costs $55 to process, and a late application may result in a $100 fee and a delay in its issuance if it is over 60 days late. If a person against whom the order is issued requests a hearing before the 31st day after the date the order is issued, the director shall set and give notice of a hearing. Acts 2017, 85th Leg., R.S., Ch. 1201.502. Sec. Fox News - Freedom 96.9 - Oklahoma's Talk Radio September 1, 2017. 1460), Sec. 2019), Sec. (2) the expiration of a period not to exceed 150 days. . "Standards code" means the Texas Manufactured Housing Standards Code. January 1, 2008. June 18, 2005. 338, Sec. Sec. Acts 2005, 79th Leg., Ch. (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. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. Once the agency deems the application complete, it issues the Statement of Ownership. Sec. Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. PDF An Internal Audit of the Manufactured Housing Division's Titling Process (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. 14, eff. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. (2) each lienholder gives written consent, to be placed on file with the department. Copyright 2018 Texas Manufactured Housing Association. PROHIBITED CONSTRUCTION BY MANUFACTURER. (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. September 1, 2017. September 1, 2017. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. (b) At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. There is no additional fee for the release of . (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. 56, eff. 1201.051. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. 1079 (H.B. September 1, 2017. 408 (H.B. Sec. 2438), Sec. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. 863 (H.B. A family relationship required by this subsection may be a relationship established by adoption. 1079 (H.B. 29, eff. 57, eff. Acts 2005, 79th Leg., Ch. (4) the location to which the license will apply. September 1, 2017. (2) to a purchaser for the purchaser's business use or another nonresidential use. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. 3.12, eff. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. 408 (H.B. (d) If the manufactured home remains on the real property for at least 45 days after the date the notice is postmarked: (1) all liens on the home are extinguished; and. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 (a) If a retailer purchases a new manufactured home from an unlicensed manufacturer in violation of Section 1201.505, a consumer's contract with the retailer for the purchase or exchange of the home is voidable until the second anniversary of the date of purchase or exchange of the home. (b) To protect the public health, safety, and welfare and to ensure the availability of low cost manufactured housing for all consumers, the director shall adopt rules to: (1) protect the interests of consumers who occupy or want to purchase or install manufactured housing; and. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. Sec. 1460), Sec.