statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . (e) Notwithstanding any other provision of this chapter, if the consumer purchases a used manufactured home from a retailer in the ordinary course of business, the consumer takes the manufactured home free and clear of any liens created by the selling retailer even if they are recorded. Sec. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. 1460), Sec. (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. 1201.256. 1201.109. 25, eff. Sec. Acts 2017, 85th Leg., R.S., Ch. 2438), Sec. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. 1460), Sec. 35, eff. PROHIBITED SHIPPING BY MANUFACTURER. They also need the approval of each lien holder and must place the lien holders' written consent on file with the TDHCA. 14, eff. 3.13, eff. (c) In determining the amount of an administrative penalty assessed under this section, the director shall consider: (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and. Submit Inventory Online. 12, eff. 35, eff. 408 (H.B. Sept. 1, 2003. 408 (H.B. The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. If you currently own a title certificate and need an SOL, you can find helpful application instructions down below. (2) payment of any use tax owed to the state. 863 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. NOTICE OF LICENSE EXPIRATION. 1421, Sec. Misuse of this system is subject . Acts 2007, 80th Leg., R.S., Ch. 16, eff. 408 (H.B. Once the agency approves the application, it issues the Statement of Ownership. The serial number, VIN, seal number, and label number are all included on the SOL. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. subchapter a: codes, standards, terms, fees and administration: subchapter b: . (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. September 1, 2017. 85(5), eff. 1, eff. 56, eff. This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. However, the manufactured home's conversion to real property is incomplete until a certified copy of the document is recorded with the county of location. 46 (H.B. Once all of the documents are signed, the buyer will need to register their new home with the DMV. Sec. If you lease a car, don't think you can get out of payments just because you're dead. (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. 1284 (H.B. 14A.251(a), eff. 1284 (H.B. The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter. 2438), Sec. September 1, 2017. (c) All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department. (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. Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as provided by Chapter 2001, Government Code. (6) "Broker" means a person engaged by one or more other persons to negotiate or offer to negotiate a bargain or contract for the sale or exchange of a manufactured home for which a certificate or other document of title has been issued and is outstanding. Acts 2009, 81st Leg., R.S., Ch. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. 408 (H.B. 15(3), eff. The board shall issue an order after receiving a proposal for decision. State: Texas. June 18, 2003. 408 (H.B. JUDICIAL REVIEW. (a-1) For the period immediately following June 30 of each year, the department shall, except for applications relating to new manufactured homes and applications accompanied by a tax certificate, cease issuing statements of ownership until all tax liens filed with the department before June 30 have been processed and either recorded or rejected. Application fees are relatively inexpensive, but the homeowner may incur additional charges depending on their application. SECURITY: DURATION. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. September 1, 2013. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. REFUNDS. 1201.1511. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or. 2019), Sec. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. If you can't find the home you are looking for, try looking in our archived records. The retailer must also provide the required information, supporting documents and fees to the TDHCA. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. Texas Department Of Manufactured Housing Statement Of Ownership . The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. 1201.501. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. 338, Sec. (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as 77 (H.B. 2019), Sec. (b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). 7, eff. 54, eff. 2438), Sec. 408 (H.B. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. 2019), Sec. The board shall issue an order after receiving a proposal for decision. Sec. 2019), Sec. The term does not include a person who maintains a location for the display of manufactured homes. 2019), Sec. PROCEDURE FOR ADOPTING RULES. Acts 2007, 80th Leg., R.S., Ch. 85(5), eff. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . SECURITY: CANCELLATION OR OTHER IMPAIRMENT. 863 (H.B. (h) The provisions of this chapter relating to the construction or installation of a manufactured home or to warranties for a manufactured home apply to a home regardless of whether the home is considered to be real or personal property. (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. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. 2, eff. (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. 51. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. PROGRAM MONITORING. Acts 2017, 85th Leg., R.S., Ch. function dm(msgStr) { License data was last updated on 03/03/2023. 77 (H.B. (3) shall comply with all applicable provisions of the Finance Code. 85(2), eff. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. June 1, 2003. January 1, 2008. 38, eff. 74.07, eff. You may check that division's records through its website or contact that division to learn any recorded tax liens. 2019), Sec. January 1, 2008. 46 (H.B. Sec. 2019), Sec. Houston, Texas 77210-2109. 14, eff. 77 (H.B. 21, eff. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 73(a)(3), eff. September 1, 2009. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. REGULATION BY MUNICIPALITY. 338, Sec. 2019), Sec. June 18, 2005. June 18, 2003. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1201.301. 1), Sec. Sec. 2019), Sec. (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. (f) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) actual damages to reimburse an affiliate or related person of a licensee, except when the director issues an order under Sections 1201.358(b) and (c); (2) actual damages to correct matters that are solely cosmetic in nature; (4) actual damages to address other matters, unless the matters involve: (B) a failure to return or apply as agreed money received from a consumer or money for which the consumer was obligated; (C) the breach of an agreement to provide goods or services necessary to the safe and habitable use of a manufactured home such as steps, air conditioning, access to utilities, or access to sewage and wastewater treatment; or. 863 (H.B. 31, eff. 2, eff. Sec. 1284 (H.B. 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. 1201.2076. Added by Acts 2017, 85th Leg., R.S., Ch. A second or subsequent conviction for an offense under this section is a Class A misdemeanor. 1510), Sec. Acts 2005, 79th Leg., Ch. Added by Acts 2005, 79th Leg., Ch. 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. 1421, Sec. 34, eff. June 1, 2003. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. Added by Acts 2001, 77th Leg., ch. The director may issue an order to revoke, suspend, or deny a new or renewal license. ADVERTISEMENT AS OFFER. September 1, 2017. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. (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. The instruction under this subsection is in addition to the instruction required under Subsection (a). (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 408 (H.B. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. Acts 2017, 85th Leg., R.S., Ch. NATURE OF PROPERTY. June 18, 2005. 408 (H.B. 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. 408 (H.B. 2238), Sec. January 1, 2008. June 18, 2003. 1510), Sec. Contact us. 1201.002. } (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. (a-1). Sec. 863, Sec. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. 34(1), eff. 4, eff. September 1, 2017. September 1, 2017. 4, eff. 338, Sec. September 1, 2009. 1460), Sec. 71, eff. September 1, 2017. 2438), Sec. 11, eff. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. 1460), Sec. January 1, 2008. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. September 1, 2017. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . 1201.102. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. // 10, eff. 2019), Sec. (g) If, after judicial review, the penalty is reduced or not assessed, the director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted.