14, eff. 9, eff. (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. January 1, 2008. (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter if the director has reasonable cause to believe that a person has violated or is about to violate any provision of this chapter or a rule adopted under this chapter. // If required by law or otherwise necessary, the director may obtain an inspection search warrant. Search Texas Statutes. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. September 1, 2017. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. Acts 2011, 82nd Leg., R.S., Ch. 5, eff. If for any reason the retailer does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. September 1, 2017. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 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. Added by Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. January 1, 2008. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. (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. 1201.604. January 1, 2008. Amended by Acts 2003, 78th Leg., ch. 1421, Sec. 338, Sec. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. 1079 (H.B. 54, eff. September 1, 2017. Sec. 49, eff. (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. 2019), Sec. The TDHCA will review the initial Statement of Ownership application. Application for Certificate(s) of Financial Responsibility, as . During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). 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. (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. Houston, Texas 77210-2109. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. All rights reserved. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. 8, eff. (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. The department remains subject to the other requirements of Subsection (a). If a person against whom the order is issued requests a hearing before the 31st day after the date the order is issued, the director shall set and give notice of a hearing. 85(5), eff. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. Amended by Acts 2003, 78th Leg., ch. 863 (H.B. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. 2, eff. Added by Acts 2003, 78th Leg., ch. 1284 (H.B. 1201.205. Acts 2013, 83rd Leg., R.S., Ch. 2, eff. Sell Lease . (a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. Sec. Sec. 36, eff. January 1, 2008. 30, eff. 863 (H.B. When you receive a blank bill of sale , you will have to complete it FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. Acts 2017, 85th Leg., R.S., Ch. Category: Texas Real Estate - Manufactured Homes. (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. (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. APPLICABILITY OF BUSINESS & COMMERCE CODE. Amended by Acts 2003, 78th Leg., ch. 14, eff. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. 1, eff. INSTALLER'S WARRANTY. 46 (H.B. (3) approving a standard proposed by a local governmental unit under Section 1201.252. 8(1), eff. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. 37, eff. (a) The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order of the department an administrative penalty in an amount not to exceed $10,000 for each violation of this chapter and: (b) The director may assess against a licensee who fails to provide information to a consumer as required by this chapter an administrative penalty in an amount not to exceed: (2) $2,000 for the second violation; and. In order to satisfy this requirement, the property owner may apply to . Acts 2007, 80th Leg., R.S., Ch. Sec. September 1, 2011. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. Ownership and location changes must be recorded with the Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. 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.. 77 (H.B. LICENSE FEES. September 1, 2009. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. The first step to writing a bill of sale is to first come to a terms agreement between the buyer and seller, which includes the price of the mobile home. 338, Sec. Amended by Acts 2003, 78th Leg., ch. Sec. 85(5), eff. 1201.460. (a) Except as provided by Subsection (a-1), for a manufactured home to qualify as a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1) a copy of the statement of ownership for the manufactured home issued by the manufactured housing division of the Texas . 1201.401. June 1, 2003. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. September 1, 2009. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. Sec. How do I get a replacement title for a mobile home in Texas? 1201.461. 85(5), 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. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. Sec. September 1, 2011. (g) Notwithstanding Subsection (f), an owner of real property on which a manufactured home has been abandoned may apply for a new statement of ownership with respect to a home that was previously declared abandoned and then resold and abandoned again. 2019), Sec. LICENSE EXPIRATION. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. 73(a)(3), eff. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. (a) The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial installation site. September 1, 2017. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. Sec. 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. for ownership and tax lien information before March 1982. PAYMENT BY SURETY OR FROM OTHER SECURITY. 53, eff. Manufactured Home Vin Number LookupOr answer questions like Start a (a-1) If the applicant is not an individual, the applicant must have at least one related person who satisfies the requirements of Subsection (a). Sec. Sec. 1201.210. Amended by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 68, eff. 13, eff. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. September 1, 2017. A violation of this subsection is a Class B misdemeanor. 863 (H.B. However, if you do buy a mobile home without a title, the seller will need to complete the Application for SOL form and pay the $55 issuance fee after the sale within 60 days. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. 1276, Sec. 1284 (H.B. September 1, 2009. 26, eff. 43, eff. 13. Sec. Here's part three of Fox News Digital's list of the most bizarre and . Amended by Acts 2003, 78th Leg., ch. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . 1201.507. June 1, 2003. 1460), Sec. 408 (H.B. 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. 15(2), eff. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. Acts 2007, 80th Leg., R.S., Ch. 1201.352. Added by Acts 2003, 78th Leg., ch. 863 (H.B. 1460), Sec. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. PERFECTION, EFFECT, AND RELEASE OF LIENS. January 1, 2008. 1460), Sec. 1460), Sec. ADVERTISEMENT AS OFFER. September 1, 2017. 14A.254(a), eff. BOX 12489 Austin, Texas 78711-2489 (B) the most economical and efficient means to address those problems and serve the public interest. Copyright 2018 Texas Manufactured Housing Association. 1095 (H.B. Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange or negotiate for the sale or exchange of a used manufactured home to a consumer unless the appropriate seal or label is attached to the home. 7, eff. A Statement of Ownership must replace any certificate of title. 338, Sec. September 1, 2017. June 18, 2005. January 1, 2008. Sec. 5, eff. 2, eff. Added by Acts 2001, 77th Leg., ch. 14A.254(b), eff. 1284 (H.B. 73(a)(5), eff. This includes an age limit on those who use playgrounds in Kansas, a prohibition on masked groups in New York (until the COVID-19 pandemic changed life as we know it) and a ban on using ferrets as hunting animals in West Virginia. 1079 (H.B. Sec. 1460), Sec. (B) the sale or lease occurs in a single real estate transaction. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. (b) A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. 863 (H.B. Sec. Venue for the suit is in Travis County. January 1, 2008. June 1, 2003. PDF Attorney General of Texas 1201.356. Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1201.222. Application for Statement of Ownership.pdf - TEXAS DEPARTMENT OF 338, Sec. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. 1201.252. Sec. of Housing and Community Affairs to verify an applicant's ownership of a manufactured (a) To recover under the manufactured homeowner consumer claims program, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of: (1) the date of the alleged act or omission causing the actual damages; or. (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. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. 52, eff. 863 (H.B. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. D. IVISION. 408 (H.B. 57, eff. Added by Acts 2001, 77th Leg., ch. 2019), Sec. 1201.202. January 1, 2008. 1201.359. Sec. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. June 1, 2003. 63, eff. Application for Statement of Ownership. to the Texas Department of Housing and Community Affairs during an application cycle that is based on the 2024 qualified allocation plan or a subsequent plan . (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. Sec. 338, Sec. 24, eff. 1460), Sec. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . 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.