texas department of manufactured housing statement of ownership texas department of manufactured housing statement of ownership

On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. Obtain a expertly-drafted, state-specific template within minutes. 24, eff. 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. Tarrant County Tax Office. (2) each lienholder, including a taxing unit, gives written consent, to be placed on file with the department. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. 408 (H.B. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. 1284 (H.B. 1421, Sec. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. 2019), Sec. 1421, Sec. The instruction under this subsection is in addition to the instruction required under Subsection (a). Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. Acts 2005, 79th Leg., Ch. 2019), Sec. September 1, 2011. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. 863 (H.B. 2019), Sec. Calling 800-500-7074. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. September 1, 2017. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; Acts 2017, 85th Leg., R.S., Ch. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. Within 60 days of closing a sale, sellers are required to submit an Application for SOL along with the required fee. January 1, 2008. The TDHCA will review the initial Statement of Ownership application. 1421, Sec. January 1, 2008. Added by Acts 2009, 81st Leg., R.S., Ch. 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. Texas Parks and Wildlife. Amended by Acts 2003, 78th Leg., ch. (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. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. 863 (H.B. 2, eff. September 1, 2017. 62, eff. 863 (H.B. 2019), Sec. 1284 (H.B. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** The warranty may expressly disclaim or limit any warranty regarding cosmetic defects. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. June 18, 2003. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. June 1, 2003. 1460), Sec. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying . 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. 1201.105. All Rights Reserved. Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2) the plumbing, heating, and electrical systems are in safe working order; (A) free from a substantial opening that was not designed; and. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. Sec. The United States has had its fair share of strange legislation in its existence thus far. Application for Certificate(s) of Financial Responsibility, as . 77, Sec. Acts 2017, 85th Leg., R.S., Ch. 1201.102. 1460), Sec. 1276, Sec. 1284 (H.B. If the consumer refuses to comply with the department's new order, the manufacturer, retailer, or installer, as applicable: (1) is discharged from the obligations imposed by the relevant department orders; (2) has no liability to the consumer with regard to that warranty; and. 1201.502. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. Sec. (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 2007, 80th Leg., R.S., Ch. 7, eff. (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. 408 (H.B. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. January 1, 2008. You should also check for delinquencies with the local tax office(s). Amended by Acts 2003, 78th Leg., ch. 2019), Sec. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 2238), Sec. June 1, 2003. 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.. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. You can use a generic bill of sale form or create it by hand. 1201.611. If required by law or otherwise necessary, the director may obtain an inspection search warrant. (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. 1201.352. September 1, 2011. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. June 1, 2003. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer. 2019), Sec. All rights reserved. Acts 2011, 82nd Leg., R.S., Ch. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting (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. CHAPTER 2. (2) the date the act or omission is discovered or should reasonably have been discovered. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. 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. 1201.156. 1201.405. September 1, 2017. September 1, 2017. Acts 2005, 79th Leg., Ch. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by 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. Sept. 1, 2003. Once all of the documents are signed, the buyer will need to register their new home with the DMV. Sec. Sec. You may do so by searching our database on the web, or . 1276, Sec. Acts 2007, 80th Leg., R.S., Ch. (f-1) A retailer may not be licensed to operate more than one location under a single license. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. HEARING ON STANDARD OR REQUIREMENT. (a) Not later than the 10th day after the date of a consumer complaint home inspection, the department shall send a written report and any order to the consumer, manufacturer, retailer, and installer by certified mail, return receipt requested. 1420), Sec. Section 1601 et seq. (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. Amended by Acts 2003, 78th Leg., ch. 1460), Sec. DENIAL OF LICENSE; DISCIPLINARY ACTION. 2019), Sec. If you own a manufactured home and rent a space in a mobile home park or from another landowner, you should be receiving a separate tax bill for your manufactured home. Acts 2017, 85th Leg., R.S., Ch. 32, eff. Sec. 2315), Sec. Section 5401 et seq. 2019), Sec. 1201.003. 2019), Sec. 2019), Sec. Breaking a lease due to disability can also be costly. Next . 1284 (H.B. (2) govern the business conduct of license holders. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. Acts 2009, 81st Leg., R.S., Ch. 408 (H.B. (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. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. 2438), Sec. 85(1), eff. 1421, Sec. PROHIBITED SHIPPING BY MANUFACTURER. Sept. 1, 2003. 2019), Sec. Acts 2011, 82nd Leg., R.S., Ch. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. PROGRAM MONITORING. June 18, 2005. 1201.209. 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. If the person fails to complete such course successfully and in a timely manner, the person's license is automatically suspended until the person successfully completes the course. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 30, eff. 1201.162. 36, eff. Added by Acts 2003, 78th Leg., ch. 17, eff. STATEMENT OF OWNERSHIP FORM. 37, eff. June 18, 2003. June 1, 2003. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. 530 (S.B. 2, eff. GENERAL RULEMAKING AUTHORITY. (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. (B) any other location the holder or servicer knows or believes, after a reasonable inquiry, to be an address where the owner may have been or is receiving mail or is an address of record; (2) such notification shall be given by certified mail; and. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Sec. Acts 2011, 82nd Leg., R.S., Ch. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. 1814), Sec. Sept. 1, 2003. HABITABILITY. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. January 1, 2008. 1201.2055. Acts 2007, 80th Leg., R.S., Ch. 1421, Sec. September 1, 2017. Online Statement of Ownership Application System. September 1, 2017. Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. 3.11, eff. 7, eff. 2, eff. The Statement of Ownership is what confirms ownership and liens recorded with the Department. September 1, 2017. Added by Acts 2001, 77th Leg., ch. (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. Sec. 41, eff. January 1, 2008. 1201.054. . Sec. 30, eff. September 1, 2019. September 1, 2017. 1284 (H.B. 11, eff. Amended by Acts 2003, 78th Leg., ch. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. (b) The abatement continues until the earlier of: (1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or. 408 (H.B. June 1, 2003. June 18, 2003. 408 (H.B. (d) A person may not act as an installer in this state unless the person holds an installer's license. January 1, 2008. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. 863 (H.B. Login ID. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. The director shall administer and enforce this chapter. September 1, 2017. You are accessing a Texas Department of Housing and Community Affairs information system. 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. License Holder Name [Help] Associate First Name. LIMITATIONS ON CLAIMS. 2019), Sec. 48, eff. 3.07, eff. (c) On receipt of a notice of intent to declare a manufactured home abandoned, the record owner of the home, a lienholder, a tax assessor-collector for a taxing unit that imposes ad valorem taxes on the real property on which the home is located, or an intervening owner of a lien or equitable interest may enter the real property on which the home is located to remove the home. 85(5), eff. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. 2019), Sec. 4200 Smith School Road. Statement of Ownership Application Instructions (PDF) . In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. 1201.216. 2, eff. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. (d-1) When applying for a statement of ownership under this section, the real property owner shall include with the application an affidavit stating that: (1) the person owns the real property where the manufactured home is located; and. 1460), Sec. September 1, 2013. 1460), Sec. (2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered delinquent. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). 2, eff. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. 2438), Sec. September 1, 2011. 863 (H.B. (c) If the department experiences significant problems in obtaining timely reimbursements from a surety or the surety has experienced a deterioration in its financial condition, the board may direct the director to stop accepting bonds issued by the surety. (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. Sec. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. In addition to any other remedy provided by law, the director may institute in district court a suit for injunctive relief and for the collection of the administrative penalty. (d) If an owner elects to treat a manufactured home as real property, the department shall issue to the owner a copy of the statement of ownership that on its face reflects that the owner has elected to treat the manufactured home as real property at the location listed on the statement. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 61, eff. 408 (H.B. 1201.114. 14A.260(a), eff. 2, eff. January 1, 2008. 85(5), eff. 39, eff. 2019), Sec. LICENSE REQUIRED. June 1, 2003. Any license under this chapter is valid for two years. 13, eff. (b) The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format. 1460), Sec. 46 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. Contact Us: By Mail: Assessment Department. September 1, 2011. 14A.258(a), eff. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. 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.". 1201.051. September 1, 2013. (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. (3) is not subject to an action by the department for failure to provide warranty service. September 1, 2017. (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. ownership interest in the development, except for a tax credit . 2019), Sec. January 1, 2008. 14A.251(a), eff. Amended by Acts 2003, 78th Leg., ch. (f) A person whose license has been expired for one year or more may not renew the license. (b) If the department issues a statement of ownership for a manufactured home, the department shall maintain a record of the issuance in its electronic records and shall mail a copy to the owner and each lienholder. (c) A retailer, broker, or salesperson may not sell or exchange, or offer to sell or exchange, a manufactured home to a consumer in this state for use as a dwelling unless the appropriate seal or label is attached to the home.