texas department of manufactured housing statement of ownership

June 18, 2003. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . contract or agreement; and. September 1, 2013. The Statement provides, among other things: . If you lease a car, don't think you can get out of payments just because you're dead. 2019), Sec. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. Acts 2013, 83rd Leg., R.S., Ch. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. September 1, 2011. 1421, Sec. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. January 1, 2008. (a) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. September 1, 2013. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1201.505. 863 (H.B. REPORT AND ORDER; AMENDMENT; COMPLIANCE. 338, Sec. September 1, 2017. 1201.102. June 18, 2005. 21, eff. (31) 77 (H.B. In our commitment to open government, we invite open records requests in writing. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 1421, Sec. 2019), Sec. Added by Acts 2001, 77th Leg., ch. Sec. RULES RELATING TO COMPLIANCE WITH NATIONAL STANDARDS FOR MANUFACTURED HOUSING CONSTRUCTION AND SAFETY; STATE PLAN. Added by Acts 2001, 77th Leg., ch. 57, eff. Acts 2017, 85th Leg., R.S., Ch. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . // The java used for navigation in the Public OM page Acts 2005, 79th Leg., Ch. All rights reserved. Acts 2017, 85th Leg., R.S., Ch. VENUE FOR HEARING. Acts 2005, 79th Leg., Ch. 1284 (H.B. A seal is the property of the department. 1284 (H.B. 50, eff. January 1, 2008. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location. September 1, 2017. The period needed to complete an examination under this subsection may not be used to satisfy the minimum education requirements under Subsection (a), (a-2), (a-3), or (a-4). The bond or other security is payable to the manufactured homeowner consumer claims program. A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed. (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. January 1, 2008. 7, eff. (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). 863 (H.B. 85(4), eff. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. 01/16/18 . (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. Click here to access an Open Records Request form. As otherwise indicated below. 408 (H.B. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. Amended by Acts 2003, 78th Leg., ch. 1201.117. 1201.161. 1201.010. 4, eff. September 1, 2017. 1201.454. (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. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. INSTALLER'S WARRANTY. DENIAL OF LICENSE; DISCIPLINARY ACTION. ); and. CONSUMER WAIVER VOID. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. 27, eff. 1201.216. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. June 20, 2003. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. The department may suspend or revoke the license of a retailer who fails to satisfy a perfected inventory lien. Added by Acts 2013, 83rd Leg., R.S., Ch. (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. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. 2238), Sec. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . Acts 2009, 81st Leg., R.S., Ch. ), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. 2, eff. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. Added by Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. June 18, 2005. Sec. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. Acts 2017, 85th Leg., R.S., Ch. (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. (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. (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. 1421, Sec. 2, eff. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. Sec. 2019), Sec. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. BOX 12489 Austin, Texas 78711-2489 Sec. They also need the approval of each lien holder and must place the lien holders' written consent on file with the TDHCA. 1201.220. (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. 2238), Sec. 6, eff. 1201.457. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. (2) the expiration of a period not to exceed 150 days. 77 (H.B. 4, eff. Manufactured homes that are declared as personal property are taxed separately from the land. (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. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. LICENSE APPLICATION. 1284 (H.B. September 1, 2017. June 1, 2003. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. (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. 4, eff. They are non-refundable. 4200 Smith School Road. An act that is prohibited by this subsection is deemed to be a practice that constitutes an imminent threat to health or safety and is subject to the imposition of penalties and other sanctions provided for by this chapter. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. Mobile Home Vin Lookup Florida - If you are looking for detailed and accurate report then our reliable service is the way to go. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. The members of the committee shall have no personal liability for providing this advice. September 1, 2017. Sept. 1, 2003. Sec. All other counties are in Wind Zone I. 1460), Sec. 100 E. Weatherford Street. 38, eff. 3.10, eff. How to Locate Mobile Home Titles in Texas. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. 863 (H.B. (4) the location to which the license will apply. Acts 2007, 80th Leg., R.S., Ch. (12) any other information the board requires. Venue for the suit is in Travis County. Acts 2005, 79th Leg., Ch. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 1201.452. 40, eff. SALESPERSON. This chapter may be cited as the Texas Manufactured Housing Standards Act. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. 408 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 2019), Sec. DISCLAIMER OF IMPLIED WARRANTY. June 18, 2005. The rules must protect a lienholder recorded with the department. 2019), Sec. 26, eff. SANCTIONS AND PENALTIES. June 1, 2003. 1201.101. 2019), Sec. (B) the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. June 18, 2003. 1201.208. (c)The owner of land that qualifies as a residence homestead under this section is 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. 14, eff. 13, eff. 1284 (H.B. 338, Sec. June 18, 2003. January 1, 2008. Associate Last Name. 863 (H.B. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. (a) An applicant for a license or a license holder shall file a bond or other security under Section 1201.105 for the issuance or renewal of a license in the following amount: (a-1) Notwithstanding the provisions of Subsection (a), the director may require additional security for the licensing, renewal, or relicensing of a person, or the sponsoring of a salesperson, who, either directly, as a related person, or through a related person, has been the subject of a license revocation, has caused the manufactured homeowner consumer claims program to incur unreimbursed costs or liabilities in excess of available surety bond coverage, or has failed to pay an administrative penalty that has been assessed by final order. Sec. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. 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. 33, eff. 73(a)(5), eff. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. PROGRAM MONITORING. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; 1460), Sec. 2019), Sec. 1079 (H.B. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. 1201.357. Acts 2007, 80th Leg., R.S., Ch. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. If you cannot find the home, you can look through the archived records for any ownership information before March 1982. 338, Sec. (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. (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. 863 (H.B. Sec. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. Sec. (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.