(b) Repealed by Acts 2005, 79th Leg., Ch. January 1, 2008. under Section 11.13 only if: (1)the land is owned by one or more individuals, including the applicant; (2)the applicant occupies the manufactured home as the applicant's principal residence; 1284 (H.B. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. (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. of Housing and Community Affairs to verify an applicant's ownership of a manufactured Sec. Acts 2017, 85th Leg., R.S., Ch. (9) "Control" means, with respect to another person, the possession of the power, directly or indirectly, to vote an interest of 25 percent or more. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. 1460), Sec. 1201.405. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website. They also need the approval of each lien holder and must place the lien holders' written consent on file with the TDHCA. OCCUPATIONS CODE CHAPTER 1201. MANUFACTURED HOUSING - Texas 1201.051. 85(1), eff. document.returnValue = true; Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 2, eff. 2019), Sec. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. All other counties are in Wind Zone I. (a) On written request, the department shall provide information held by the department on: (1) the current ownership and location of a manufactured home; and. 1201.510. 863 (H.B. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. June 18, 2005. 3.07, eff. September 1, 2017. regardless of whether the applicant has elected to treat the manufactured home as The application must include all the following documents as a part of this form. 408 (H.B. 1421, Sec. June 18, 2005. 1421, Sec. 85(8), eff. 1079 (H.B. 14, eff. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. Copyright 2023, Thomson Reuters. (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. 1095 (H.B. Acts 2017, 85th Leg., R.S., Ch. 32, eff. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; June 18, 2003. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. 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. 408 (H.B. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. (b) As a part of the application, the purchaser or transferee must certify to the receipt of a written notice that the home is not or may not be habitable. (2) the identification number of the home. You should also check for delinquencies with the local tax office(s). September 1, 2017. 1284 (H.B. Box 2109. 14, eff. (b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later. ELECTRONIC PUBLIC RECORDS REQUIRED. The consumer shall return the completed application to the retailer. 14A.261(a), eff. (7) "Manufacturer's certificate" means a document that meets the requirements prescribed by Section 1201.204. The fee for a single is $35, doublewide is $70, and triple wide is $105. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. You may do so by searching our database on the web, or . COMPLIANCE NOT REQUIRED FOR LIENHOLDER. (d) After consideration of the comments, if any, the director shall issue a final determination. September 1, 2017. They must submit a copy of this permit when they apply for a new Statement of Ownership, showing the new location of the home. (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. Sec. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 2238), Sec. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. Manufactured Homes - Harris County Tax Office 4200 Smith School Road. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. 408 (H.B. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. 2238), Sec. document.returnValue = false; 338, Sec. September 1, 2017. 27, eff. 863 (H.B. The applicant is required to submit a set of fingerprints only once under this section unless a replacement set is otherwise needed to complete the criminal history check required by this section. Section 5301 et seq.) June 1, 2003. 14A.256(a), eff. 408 (H.B. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1201.057. (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. Acts 2007, 80th Leg., R.S., Ch. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. PROHIBITED RETENTION OF DEPOSIT. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. The statement from the tax assessor-collector must indicate that, with respect to each January 1 occurring in the 18-month period preceding the date of the sale, there are no perfected and enforceable tax liens on the manufactured home that have not been extinguished and canceled in accordance with Section 32.015, Tax Code, or personal property taxes due on the manufactured home. 408 (H.B. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. Added by Acts 2003, 78th Leg., ch. September 1, 2017. 2438), Sec. 408 (H.B. 1460), Sec. 408 (H.B. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. Harris County Tax Office, Acts 2017, 85th Leg., R.S., Ch. (c) The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action. Sec. 863 (H.B. Sec. 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 (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. 1284 (H.B. 1201.154. This chapter may be cited as the Texas Manufactured Housing Standards Act. June 18, 2003; Acts 2003, 78th Leg., ch. 408 (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** 1201.101. June 1, 2003. (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. (1) directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) or who is out of business; and. Added by Acts 2001, 77th Leg., ch. Title Transfer of a Mobile Home in Texas | Silberman Law Firm, PLLC 35, eff. Venue for the suit is in Travis County. Sec. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. 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. 68, eff. NATURE OF PROPERTY. Sept. 1, 2003. 408 (H.B. September 1, 2017. Acts 2005, 79th Leg., Ch. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. Manufactured Housing - Home Ownership View Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . June 18, 2005. 1276, Sec. 1460), Sec. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. 1284 (H.B. 85(3), eff. Sec. 1276, Sec. 1201.511. 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. A violation of this subsection is a Class B misdemeanor. 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. Acts 2005, 79th Leg., Ch. (1) a deposit held in escrow in a real estate transaction; or. ELECTION BY OWNER. Sec. 52, eff. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. Added by Acts 2001, 77th Leg., ch. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. Any. Our office does not update manufactured home titles. 63, eff. 1201.010. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 56, eff. 2, eff. GENERAL RULEMAKING AUTHORITY. 3.11, eff. Fees are nonrefundable. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. 14A.255(a), eff. If for any reason the seller or transferor does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. 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. for ownership and tax lien information before March 1982. 1460), Sec. 1460), Sec. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. September 1, 2011. DENIAL OF LICENSE; DISCIPLINARY ACTION. Sec. 408 (H.B. 77 (H.B. 4, eff. 2019), Sec. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; (a) A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is: (1) to or through a licensed retailer; or. PDF An Internal Audit of the Manufactured Housing Division's Titling Process September 1, 2017. 1460), Sec. TITLE 7. Manufactured Housing Division June 1, 2003. Sept. 1, 2003. 338, Sec. 3.12, eff. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. Attach the mobile home statement of ownership and location or sales contract. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. January 1, 2008. (2) real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency. 1421, Sec. 1201.2075. INSPECTION OF LICENSEE RECORDS. (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 2007, 80th Leg., R.S., Ch. 73(a)(3), eff. 408 (H.B. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. Finding the perfect mobile home doors is a combination of design and personal style. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. June 1, 2003. September 1, 2017. (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. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. 1201.222. (2) the existence of all tax liens on that home for which notice has been filed with the department. September 1, 2009. Sec. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. June 18, 2005. (31) Sec. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. January 1, 2008. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). Acts 2011, 82nd Leg., R.S., Ch. 1460), Sec. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. MHD Form 1071 Addendum to Application for Statement of Ownership - Texas September 1, 2009. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. 46 (H.B. PDF APPLICATION FOR STATEMENT OF OWNERSHIP AND LOCATION - The Portal to 1284 (H.B. Current as of April 14, 2021 | Updated by FindLaw Staff. By contrast, about a third of site-built homeowners earn . (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. September 1, 2017. 2019), Sec. Sec. Our new location is: George H.W. 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. 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. September 1, 2017. 1, eff. A civil action filed under this subsection shall be filed in district court in Travis County. (e) The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551, Government Code. September 1, 2017. 4, eff. 8(2), eff. January 1, 2008. The department remains subject to the other requirements of Subsection (a). 8, eff. (3) the information and the cost required under Section 1201.1031. The amended report and order supersede the initial report and order. Amended by Acts 2003, 78th Leg., ch. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. June 18, 2003. 17, eff. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. Amended by Acts 2003, 78th Leg., ch. 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. Acts 2007, 80th Leg., R.S., Ch. Sec. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. 1460), Sec. 863 (H.B. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. Fox News - Freedom 96.9 - Oklahoma's Talk Radio September 1, 2017. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. A lien, charge, or other encumbrance on a home treated as personal property may be made only by filing the appropriate document with the department. 2, eff. September 1, 2017. January 1, 2008. 1201.508. Manufactured Homeowners' Recovery Trust Fund. 1276, Sec. // LiaJavaInput (f) This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. Acts 2017, 85th Leg., R.S., Ch. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. real property or personal property and regardless of whether the manufactured home 2, eff. Acts 2005, 79th Leg., Ch. Added by Acts 2005, 79th Leg., Ch. 2, eff. 2438), Sec. Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. Added by Acts 2001, 77th Leg., ch. 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. 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.
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