1460), Sec. 1460), Sec. 18, eff. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. Sec. (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. 13, eff. 408 (H.B. September 1, 2009. INSTALLATION OF MANUFACTURED HOUSING. 3, eff. Acts 2007, 80th Leg., R.S., Ch. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. 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; License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. If there are no changes and you send the original COA or affidavit to the TDHCA, there are no required fees. (2) submit to a credit underwriter or lending institution information known to be false or misleading. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. . Acts 2009, 81st Leg., R.S., Ch. 38, eff. (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. (1) contain the information required by the United States Department of Housing and Urban Development; and. } Added by Acts 2003, 78th Leg., ch. Sept. 1, 2003. (3) the information and the cost required under Section 1201.1031. 1201.157. Acts 2009, 81st Leg., R.S., Ch. 1201.508. 408 (H.B. FALSE OR MISLEADING INFORMATION. 863, Sec. 60, eff. 25, eff. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. 71, eff. DENIAL OF LICENSE; DISCIPLINARY ACTION. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. Sec. 2238), Sec. The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . The department shall disclose on its website the date of each lien filing. Sec. June 18, 2003. 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. Sec. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. 2019), Sec. 17, eff. 2, eff. Sec. The application must include all the following documents as a part of this form. 1460), Sec. Complete and attach the Inventory Schedule including the information for each sale during the . 60, eff. (b) A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if: (1) the manufactured home is attached; and. Acts 2017, 85th Leg., R.S., Ch. 1201.156. INSPECTIONS. 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. 1460), Sec. By contrast, about a third of site-built homeowners earn . How to File for a Homestead Exemption in Texas, How to Transfer a Land Title in Bexar County, Texas, Applying for a Statement of Ownership (PDF), Texas Department of Housing and Community Affairs, Manufactured Housing Division: Frequently Asked Questions: Statement of Ownership and Location, Texas Department of Housing and Community Affairs, Manufactured Housing Division:Statement of Ownership and Location (SOL) Application Instructions, Texas Department of Housing and Community Affairs, Manufactured Housing Division: Consumer Protection and General Information, Texas Department of Housing and Community Affairs, Manufactured Housing Division: APPLICATION FOR STATEMENT OF OWNERSHIP. 1201.056. Acts 2007, 80th Leg., R.S., Ch. The department may place on probation a person whose license is suspended. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. (b) The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a). (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. Acts 2013, 83rd Leg., R.S., Ch. 2238), Sec. CONSUMER COMPENSATION. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. 54, eff. Acts 2011, 82nd Leg., 1st C.S., Ch. 1421, Sec. January 1, 2008. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. 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. 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. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. Acts 2009, 81st 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. Added by Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 2438), Sec. 57, eff. 1460), Sec. (e) A person may not repair, rebuild, or otherwise refurbish a salvaged manufactured home unless the person complies with the rules of the director relating to rebuilding a salvaged manufactured home. 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. Sec. (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. (2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person. Acts 2017, 85th Leg., R.S., Ch. Sec. 1201.216. January 1, 2008. Acts 2005, 79th Leg., Ch. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. (B) the sale or lease occurs in a single real estate transaction. (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. 3361), Sec. You are accessing a Texas Department of Housing and Community Affairs information system. 2019), Sec. 408 (H.B. January 1, 2008. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. 1201.610. 1201.502. 28, eff. Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . FORMS; RULES. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. 4, eff. 29, eff. 1284 (H.B. January 1, 2008. 36, eff. 1201.501. 44, eff. 2019), Sec. 408 (H.B. September 1, 2011. 408 (H.B. 46 (H.B. Acts 2017, 85th Leg., R.S., Ch. The members of the committee shall have no personal liability for providing this advice. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. Misuse of this system is subject . If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. (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. When the ownership of a home changed, an application for title transfer had to be submitted to the Manufactured Housing Division (Department), and a new title would be issued. 2019), Sec. // 14A.252(a), eff. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. September 1, 2017. January 1, 2008. 14, eff. 1460), Sec. Sec. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. (2) "Document of title" means a written instrument issued solely by and under the authority of the director before September 1, 2003, that provides the information required by Section 1201.205, as that section existed before that date. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. Acts 2005, 79th Leg., Ch. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 35, eff. (b) On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board. 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. (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. 408 (H.B. (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. 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. 1201.605. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. If a homeowner finds an error on a Statement of Ownership, they can inform the agency by: To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. Calling 800-500-7074. 1276, Sec. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. 77, Sec. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. (b) A request under Subsection (a) must contain: (1) the name of the owner of the home as reflected on the statement of ownership; or. 53, eff. Beginning September 1, 2003, a document of title is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. 863 (H.B. 2019), Sec. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. 338, Sec. 863 (H.B. 44, eff. September 1, 2009. September 1, 2017. 1284 (H.B. 1201.152. September 1, 2017. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. (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. Sec. TDHCA Forms. June 18, 2005. A violation of this subsection is a Class B misdemeanor. Added by Acts 2001, 77th Leg., ch. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. (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. 1460), Sec. The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. All rights reserved. (b) On receipt of a verified complaint, the department shall: (1) notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and. (b) The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale: (1) for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or.
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