BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 530 (S.B. 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. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission. Sec. Acts 2005, 79th Leg., Ch. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. 2, eff. 863 (H.B. (2) each lienholder, including a taxing unit, gives written consent, to be placed on file with the department. 73(a)(3), eff. 863 (H.B. By Email: mhtaxes . Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (b) If a person charged with the violation accepts the determination of the director, the director shall issue an order approving the determination and ordering that the person pay the recommended penalty. 1460), Sec. TDHCA MHD FORM 1023 Form Page 1 of 2 Figure: 10 TAC 80.209(a) Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. Acts 2013, 83rd Leg., R.S., Ch. Online Transactions - Manufactured Housing 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. TITLE 7. (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. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. September 1, 2009. 338, Sec. 3, eff. window.status = msgStr; (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. (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. 26, eff. 2438), Sec. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. Home ownership data was last updated on 03/03/2023. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. 2, eff. There is no additional fee for the release of . 1201.303. 1460), Sec. 18, eff. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. 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. January 1, 2008. (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. 410 (S.B. 863 (H.B. PDF Application for SOL - Statement of Ownership and Location for Acts 2017, 85th Leg., R.S., Ch. or the payment receipt showing that the applicant is the purchaser of the manufactured 4, eff. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. Acts 2013, 83rd Leg., R.S., Ch. Shop the Trumh mobile homes and manufactured homes from Mobile Home Corpus Christi, one of the best sellers for TRU manufactured homes. 1421, Sec. Section 5401 et seq. (2) the existence of all tax liens on that home for which notice has been filed with the department. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. 863 (H.B. 2, eff. 62, eff. The instruction under this subsection is in addition to the instruction required under Subsection (a). 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. 19, eff. 863, Sec. June 18, 2005. The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. 1201.209. 2238), Sec. (21-a) "Nonresidential use" means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. 338, Sec. 1201.460. 1460), Sec. Buying, Selling, or Moving a Mobile Manufactured Home January 1, 2008. PROBATION. 1421, Sec. (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems. 77 (H.B. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. 408 (H.B. A civil action filed under this subsection shall be filed in district court in Travis County. (g) An order of suspension under Subsection (f) may be appealed. Acts 2017, 85th Leg., R.S., Ch. DENIAL OF LICENSE; DISCIPLINARY ACTION. January 1, 2008. (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 (B) other information required by this chapter. 11, eff. They also found a . If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. 2238), Sec. (c) The board shall establish a fee for the inspection of the installation of a mobile or HUD-code manufactured home, to be paid by the installer of the home. 19, eff. 77 (H.B. (a) This section applies to a transaction in which a manufactured home is sold as personal property. (B) are not used as residential dwellings when so designated. document.returnValue = false; Acts 2017, 85th Leg., R.S., Ch. (b) A license application must be accompanied by: (1) proof of the security required by this subchapter; (2) payment of the fee required for issuance of the license; and. 408 (H.B. There is no additional fee for the release of lien when it is part of a transfer of ownership. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. 2438), Sec. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. (4) all exterior doors and windows are in place and operate properly. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. The notice must include the address where the home is currently located. 2, eff. MANUFACTURER'S CERTIFICATE. Sec. 34, eff. PDF Manufactured Housing Cooke County Appraisal District Policy Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. 77 (H.B. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. The United States has had its fair share of strange legislation in its existence thus far. PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. 30, eff. 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. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1284 (H.B. 20, 21, eff. 1079 (H.B. Fax: 517-241-0130. 65, eff. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home. 1201.152. 2438), Sec. 2, eff. September 1, 2017. Sec. Acts 2017, 85th Leg., R.S., Ch. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. function dmim(msgStr) { (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code. Acts 2017, 85th Leg., R.S., Ch. The department remains subject to the other requirements of Subsection (a). September 1, 2009. Mobile Homes - Brazoria County Appraisal District June 18, 2003. 1460), Sec. (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home. (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. This subsection does not apply to the release of a tax lien perfected with the department. 408 (H.B. 1421, Sec. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. (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. 2019), Sec. September 1, 2013. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. home. June 1, 2003. 6, eff. September 1, 2013. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. June 1, 2003. 2019), Sec. 863 (H.B. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. 863 (H.B. Sec. 59, eff. 1201.164. 1201.154. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . Sec. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. (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. Sec. 33, eff. Acts 2017, 85th Leg., R.S., Ch. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. 2, eff. Manufactured Housing - Tarrant County TX Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. // Acts 2007, 80th Leg., R.S., Ch. 1, eff. June 18, 2005. Sept. 1, 2003. 863 (H.B. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. 408 (H.B. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. 1201.354. (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1201.155. September 1, 2017. 8, eff. 53, eff. 338, Sec. 1201.1521. Our Association made up of manufactured housing builders, retailers, and suppliers in and aound the state of Louisiana encourages manufactured . (11) failed to pay the required fee to obtain or renew a license. September 1, 2017. 1201.220. Sec. 1201.351. January 1, 2008. 1460), Sec. DEPARTMENT POWERS AND DUTIES. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. Though it may seem intimidating, buying a mobile home in Texas can be extremely easy once you have a solid idea of what youre looking for and how to do it. September 1, 2017. 46 (H.B. 863 (H.B. The application must include all the following documents as a part of this form. January 1, 2008. (a) Before the completion of a credit application or more than one day before entering into any agreement for a sale or exchange that will not be financed, the retailer must provide to the consumer a written disclosure in the form promulgated by the board. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. HABITABILITY. Finding the perfect mobile home doors is a combination of design and personal style. The TDHCA will order an inspection to make sure the home is habitable for residents. 8, 51, eff. 1460), Sec. 3361), Sec. June 18, 2003; Acts 2003, 78th Leg., ch. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. June 18, 2005. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. 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. Acts 2007, 80th Leg., R.S., Ch. 1201.508. (a) If a bond required by this subchapter is canceled, the license for which the security is filed is suspended on the effective date of cancellation. Tracking a manufactured home's ownership ceased when it became real property, was used for business or was salvaged. 408 (H.B. (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. Added by Acts 2001, 77th Leg., ch. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. (a) The director may employ state inspectors to: (1) carry out the functions the department is required to perform under this chapter; (3) enforce the rules adopted and orders issued under this chapter. 17, 18, eff. The director shall administer and enforce this chapter. Sec. Departments inside JCPenney stores include Mens, Womens, Boys, Girls, Baby, Bedding, Home, Fine Jewelry, Shoes, Lingerie, The Salon by InStyle, JCPenney Beauty, as well as leased departments such as Seattle's Best . 77 (H.B. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. 1201.104. 2238), Sec. QUALIFICATIONS FOR LICENSE. if (document.images) {document.images[id].src=eval(name+".src"); } (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. 31, eff. (b) The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency. 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) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). Bloody 'crime scene' may be a civil matter: Pepper Pike Police Blotter 338, Sec. approved by the secretary of housing and urban development. SEAL OR LABEL REQUIRED. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. (c) If a new manufactured home is salvaged, the retailer shall remove the label and surrender the label and the manufacturer's certificate under Section 1201.204 to the director for issuance of a statement of ownership that indicates that the home is salvaged. 3.03, eff. 1201.456. These forms are copywrited. (B) the sale or lease occurs in a single real estate transaction. 16, eff. The amended report and order supersede the initial report and order. 3361), Sec. June 1, 2003. 1201.254. Amended by Acts 2003, 78th Leg., ch. June 1, 2003. 9, eff. Louisiana Manufactured Housing Association - LMHA Sec. If feasible, any action required under this chapter may be accomplished by electronic means. Austin Texas Statement of Ownership and Location - Texas Department Of 2438), Sec. 408 (H.B. (b) Repealed by Acts 2005, 79th 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. (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. 863 (H.B. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 1201.457. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. 1, eff. (b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. 1421, Sec. 338, Sec. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. 6, eff. 49, eff. 1284 (H.B. 1510), Sec. 1201.221. 1201.361. 50, eff. Economic Sanctions and Anti-Money Laundering Developments: 2022 Year in Acts 2013, 83rd Leg., R.S., Ch. 1460), Sec. 2019), Sec. 16, eff. 1460), Sec. ); (C) the rules adopted by the director; and. 863, Sec. (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. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 2438), Sec. If one has a manufactured home that lacks a title, a plate with the serial or . (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. TrumhFast paced can be stressful at time. Find the Trumh Thrill Plan at Acts 2017, 85th Leg., R.S., Ch. 1201.005. This chapter may be cited as the Texas Manufactured Housing Standards Act. (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. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. Acts 2017, 85th Leg., R.S., Ch. Mhd Form 1023 - Fill Out and Sign Printable PDF Template | signNow 71, eff. September 1, 2017. 1201.251. 1421, Sec. 1460), Sec. 2019), Sec. For male dogs the procedure can be done at any time. In male dogs June 18, 2003. The bond or other security is payable to the manufactured homeowner consumer claims program. They also need the approval of each lien holder and must place the lien holders' written consent on file with the TDHCA. DISCLOSURE BY RETAILER AND LENDER. September 1, 2017. 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. 2019), Sec. September 1, 2017. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. ), the board shall establish fees as follows: (1) if the department acts as a design approval primary inspection agency, a schedule of fees for the review of HUD-code manufactured home blueprints and supporting information, to be paid by the manufacturer seeking approval of the blueprints and supporting information; (2) except as provided by Subsection (e), a fee for the inspection of each HUD-code manufactured home manufactured or assembled in this state, to be paid by the manufacturer of the home; (3) a fee for the inspection of an alteration made to the structure or plumbing, heating, or electrical system of a HUD-code manufactured home, to be charged on an hourly basis and to be paid by the person making the alteration; (4) a fee for the inspection of the rebuilding of a salvaged manufactured home, to be paid by the retailer; (5) a fee for the inspection of a used manufactured home to determine whether the home is habitable for the issuance of a new statement of ownership; and. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. A. (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. June 1, 2003. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . Ownership and location changes must be recorded with the Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Acts 2005, 79th Leg., Ch. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. 1421, Sec. 1460), Sec. Sec. 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. January 1, 2008. FORMS; RULES. Bush State Office Building. 14, eff. Sec. 1421, Sec. 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. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 10, eff. 408 (H.B. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. The mobile home's lien information changes. 2019), Sec. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. 408 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting (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.
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