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

GENERAL PROVISIONS. 1814), Sec. 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. 408 (H.B. 43, eff. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. 408 (H.B. (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. Sec. 60, eff. 863 (H.B. 1201.222. 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 3361), Sec. VOIDABLE CONTRACT. 1201.6041. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. 1460), Sec. The term does not include educational material or material required by law. September 1, 2017. Additionally, after selling a mobile home, the SOL application with the required fees must be filed no later than 60 days after the date of a sale to a consumer for residential use. 408 (H.B. Sec. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. September 1, 2013. PDF 50-268 Retail Manufactured Housing Inventory Tax Statement 1201.008. (g) Subsections (a), (a-2), (a-3), and (a-4) do not apply to a license holder who applies: (1) for a license for an additional business location; or. PDF An Internal Audit of the Manufactured Housing Division's Titling Process January 1, 2008. 2438), Sec. 1201.353. 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. Acts 2005, 79th Leg., Ch. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. June 18, 2003. 1201.058. 2438), Sec. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. 1201.504. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . 2, eff. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. (a) Except as otherwise provided by Subchapter C, the manufactured homeowner consumer claims program shall be reimbursed by the surety on a bond or from other security filed under Subchapter C for the amount of a claim that is paid out under the manufactured homeowner consumer claims program by the director to a consumer in accordance with this subchapter. Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. 1201.409. (2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code. 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. 2019), Sec. 1201.062. 2, eff. The members of the committee shall have no personal liability for providing this advice. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. (3)the applicant demonstrates ownership of the manufactured home under Subsection Acts 2011, 82nd Leg., R.S., Ch. DEPARTMENT POWERS AND DUTIES. 1201.608. 2019), Sec. APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED. (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 (Statement of Ownership Form); and (B) other information required by this chapter. Sec. (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. (a-1)An appraisal district may rely upon the computer records of the Texas Department Acts 2011, 82nd Leg., R.S., Ch. Sec. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 59, eff. 2, eff. SUBCHAPTER J. 2019), Sec. CONSUMER COMPLAINT HOME INSPECTION. 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.. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. How to Locate Mobile Home Titles in Texas. The application must include all the following documents as a part of this form. January 1, 2008. January 1, 2008. 408 (H.B. In this Buying a Mobile Home in Texas: Everything You Need to Know, Application for Statement of Ownership and Location (SOL), Manufactured Home Ownership Records database, Questions To Ask When Buying A Used Mobile Home. The department may suspend or revoke the license of a retailer who fails to satisfy a perfected inventory lien. 1201.252. 7, eff. 1270 (H.B. (b) If a home does not have a serial number, seal, or label, the tax appraiser or tax assessor-collector may apply to the department for a seal if the tax appraiser or assessor-collector assumes full responsibility for the affixation of a seal to the home and the seal is actually affixed on the home. HEARING ON STANDARD OR REQUIREMENT. 46 (H.B. June 1, 2003. 2238), Sec. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 863 (H.B. 13, eff. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. 1460), Sec. 1460), Sec. 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. 1276, Sec. (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. (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. 1201.158. (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. 1421, Sec. 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). (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. Sept. 1, 2003. 1201.508. 85(5), eff. 13, eff. Sec. The program is also responsible for park and dealer complaints; park, dealer and . 408 (H.B. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. 20, eff. Application fees are relatively inexpensive, but the homeowner may incur additional charges depending on their application. (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. June 1, 2003. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. Manufactured Homes - Harris County Tax Office (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. (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. 1201.511. January 1, 2008. 1460), Sec. (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. 2238), Sec. 863 (H.B. 2019), Sec. 15, eff. 1201.251. Added by Acts 2001, 77th Leg., ch. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. 2019), Sec. (b) If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director shall hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views. January 1, 2008. 863 (H.B. FALSE OR MISLEADING INFORMATION. 14, eff. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. Amended by Acts 2003, 78th Leg., ch. Sec. (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 1284 (H.B. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. Statements of Ownership and Location 408 (H.B. September 1, 2011. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. 408 (H.B. Sec. (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation. Acts 2005, 79th Leg., Ch. (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. January 1, 2008. January 1, 2008. 408 (H.B. 10, eff. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. 1421, Sec. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. The department may place on probation a person whose license is suspended. 408 (H.B. Sec. Sec. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). Manufactured Housing. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. Sec. 1421, Sec. The TDHCA will review the initial Statement of Ownership application. June 1, 2003. September 1, 2009. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. (2) money stated to be a down payment in an executed retail sales contract. 1801 Congress Ave . September 1, 2009. 3361), Sec. September 1, 2017. Acts 2013, 83rd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . Added by Acts 2001, 77th Leg., ch. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . 3.06, eff. Sec. 338, Sec. 1460), Sec. LICENSE EXPIRATION. September 1, 2017. Acts 2005, 79th Leg., Ch. 1201.410. Amended by Acts 2003, 78th Leg., ch. 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. (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. The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation. (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. September 1, 2017. September 1, 2021. (d) A person may not act as an installer in this state unless the person holds an installer's license. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. 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.