408 (H.B. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. Amended by Acts 2003, 78th Leg., ch. 1079 (H.B. September 1, 2017. 2438), Sec. All Rights Reserved. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. RULES RELATING TO CERTAIN PERSONS. This chapter may be cited as the Texas Manufactured Housing Standards Act. Before buying a mobile home or transferring ownership in Texas, you want to first check the department records for tax liens, mortgage liens, and current ownership information. home; or. (B) is designated by an entity and satisfies the requirements of Sections 1201.104 and 1201.113 on behalf of the entity, if the entity is licensed or seeking licensure under this chapter. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. (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. Section 4001 et seq. . June 18, 2003. Sec. Added by Acts 2003, 78th Leg., ch. PROHIBITED RETENTION OF DEPOSIT. January 1, 2008. 85(2), eff. 22, eff. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting SUBCHAPTER E. MANUFACTURED HOME STATEMENTS 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) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. 408 (H.B. First, contact the Texas Department of Housing and Community Affairs - Manufactured Housing Division at 800-500-7074 or 512-475-2200 and explain your exact situation. January 1, 2008. Added by Acts 2005, 79th Leg., Ch. Section 1601 et seq. Please visit. 1510), Sec. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. 1284 (H.B. Sec. (b) A licensee shall notify the department of a change described by Subsection (a) not later than the 10th day before the date the change occurs. 24, 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. Sec. (a) This section applies to a transaction in which a manufactured home is sold as personal property. 1201.210. June 18, 2003; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. 36, eff. 34, eff. (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. June 18, 2003. Sec. 863 (H.B. 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. Sec. 4200 Smith School Road. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. (2) the county in which the violation occurs. 2019), Sec. Added by Acts 2001, 77th Leg., ch. June 1, 2003. (4) all exterior doors and windows are in place and operate properly. 14A.256(a), eff. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. September 1, 2017. 21, eff. 1201.457. Acts 2005, 79th Leg., Ch. View License Records. Added by Acts 2007, 80th Leg., R.S., Ch. 1276, Sec. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. June 18, 2003. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. (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. The notice must include the address where the home is currently located. Sec. Added by Acts 2001, 77th Leg., ch. 15, eff. 1201.6041. June 1, 2003. 338, Sec. Sec. 2019), Sec. 14A.254(a), eff. (5) the expansion of certain regulatory powers is: (A) necessary to address the problems described by Subdivisions (1)-(4); and. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. 3, eff. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. 52, eff. Keep in mind there may be additional closing forms required. Amended by Acts 2003, 78th Leg., ch. Sec. Amended by Acts 2003, 78th Leg., ch. P.O. Acts 2007, 80th Leg., R.S., Ch. 12, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 44, eff. 1201.551. (a) A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is: (1) to or through a licensed retailer; or. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. (b) An owner or lienholder may provide to the department a document of title or certificate of attachment and any additional information required by the department and request that the department issue a statement of ownership to replace the document of title or certificate of attachment. June 1, 2003. Sec. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. 14A.261(a), eff. Q. June 1, 2003. 2019), Sec. 408 (H.B. 61, eff. P. O. As long as the landlord is providing habitable housing, the tenant must pay rent. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. (d) While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law. (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. window.status = msgStr; 1095 (H.B. Sec. ); and. EXCEPTIONS TO LICENSE REQUIREMENT. Sec. June 18, 2003. 1421, Sec. 62, eff. 5, eff. 1, eff. June 18, 2005. 1201.253. 1421, Sec. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. CRIMINAL PENALTY. Acts 2007, 80th Leg., R.S., Ch. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 1201.155. 1460), Sec. No change of ownership or location is complete until you have, both, updated the Statement of Ownership with the TDHCA and informed the Appraisal District of the changes. Sec. 2019), Sec. (C)the applicant could not locate the seller after making a good faith effort. 863 (H.B. 2019), Sec. (2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person. There is no additional fee for the release of lien when it is part of a transfer of ownership. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. A. 1421, Sec. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. 28, eff. 37, eff. 944), Sec. 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. January 1, 2008. (c) Not later than the 60th day after the date of each subsequent sale or transfer of a home that is considered to be personal property, the seller or transferor shall provide to the department a completed application for the issuance of a new statement of ownership. 1201.151. (1) the statement of ownership and location for the home issued under Section 1201.207, Occupations Code, reflects that the owner has elected to treat the home as real property . 2019), Sec. 14A.254(b), eff. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. License Number License Holder Name. 408 (H.B. 408 (H.B. 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. (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. 1460), Sec. Sec. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. (13) "Installation" means the temporary or permanent construction of the foundation system and the placement of a manufactured home or manufactured home component on the foundation. Sec. 1201.153. (a) If a retailer purchases a new manufactured home from an unlicensed manufacturer in violation of Section 1201.505, a consumer's contract with the retailer for the purchase or exchange of the home is voidable until the second anniversary of the date of purchase or exchange of the home. 1421, Sec. Added by Acts 2001, 77th Leg., ch. September 1, 2009. Added by Acts 2003, 78th Leg., ch. 2, eff. 408 (H.B. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. 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. 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 . Acts 2007, 80th Leg., R.S., Ch. Manufactured Housing has moved! June 18, 2005. September 1, 2017. 66, eff. 1201.404. 863 (H.B. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. (d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program. (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. The director may issue an order to revoke, suspend, or deny a new or renewal license. Acts 2017, 85th Leg., R.S., Ch. 29, eff. The instruction under this subsection is in addition to the instruction required under Subsection (a). Acts 2017, 85th Leg., R.S., Ch. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. Sec. 1421, Sec. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. Associate Last Name. 1460), Sec. 24, eff. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. (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. Amended by Acts 2003, 78th Leg., ch. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 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 . A statement of ownership must be evidenced by a board-approved form issued by the department setting forth: (1) the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner; (2) the manufacturer's name and address and any model designation, if available; (3) in accordance with the board's rules: (A) the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and. 408 (H.B. 863 (H.B. September 1, 2017. Questions or comments, please call 1-800-500-7074. Acts 2013, 83rd Leg., R.S., Ch. . To receive a lost title replacement, the mobile home owner first needs to complete the Application for Statement of Ownership and Location (SOL) form. An owner may elect to treat a manufactured home as real property only if the home is attached to: (1) real property that is owned by the owner of the home; or. DEPARTMENT POWERS AND DUTIES. 8, eff. JUDICIAL REVIEW. June 1, 2003. 863 (H.B. 5, eff. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. 15, eff. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. 1201.201. 11, eff. 16, eff. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. September 1, 2017. Sec. (2) submit to a credit underwriter or lending institution information known to be false or misleading. LICENSE REQUIRED. (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. 2019), Sec. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. TRANSPORTATION OF MANUFACTURED HOUSING. 14, eff. Sort By. (c) Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency. 43, eff. REPORT TO CHIEF APPRAISER. Added by Acts 2007, 80th Leg., R.S., Ch. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. 1201.114. 1201.213. 48, eff. 33, eff. Acts 2007, 80th Leg., R.S., Ch. 7, 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. 26, eff. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. SALESPERSON. (2) the date the act or omission is discovered or should reasonably have been discovered. Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. 1276, Sec. (d) A person who holds a real estate broker's or salesperson's license under Chapter 1101 may act as a broker or salesperson under this chapter without holding a license or filing a bond or other security as required by this chapter if negotiations for the sale or exchange of a manufactured home are conducted for a consumer for whom the person is also acting as a real estate broker or salesperson under Chapter 1101 consistent with Section 1201.007. 1460), Sec. 2, eff. Amended by Acts 2003, 78th Leg., ch. (c) An applicant for a salesperson's license may apply for a license without having completed the course of instruction if the person successfully completes the course not later than the 90th day after the date of the person's licensure. 2741), Sec. License data was last updated on 03/03/2023. 49, eff. (b) The provisions of the Business & Commerce Code relating to the storage of goods for hire apply to a licensed retailer acting as a warehouse. CHANGE IN USE. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. (3) assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area. 1284 (H.B. September 1, 2013. (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. 863 (H.B. 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. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. Acts 2007, 80th Leg., R.S., Ch. (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. Acts 2017, 85th Leg., R.S., Ch. } (d) Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety. 1460), Sec. 2438), Sec. 20, eff. 1284 (H.B. 408 (H.B. 1201.009. 1201.505. if (document.images) {document.images[id].src=eval(name+".src"); } 1421, Sec. (B) sells or exchanges at least two manufactured homes to consumers in a 12-month period. 41, eff. Added by Acts 2001, 77th Leg., ch. January 1, 2008. 1460), Sec. 863 (H.B. or the payment receipt showing that the applicant is the purchaser of the manufactured It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. Sec. (b) The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format. Sec. 3361), Sec. January 1, 2008. 1284 (H.B. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or. September 1, 2017. (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. Police were called to a home undergoing extensive renovations where the new owner reported building supplies, namely flooring, appeared to be missing around 11 a.m. Feb. 27. Manufactured Homeowners' Recovery Trust Fund. Acts 2017, 85th Leg., R.S., Ch. 17, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. PERFECTION, EFFECT, AND RELEASE OF LIENS. 338, Sec. 77 (H.B. 85(5), eff. 35, eff. The serial number, VIN, seal number, and label number are all included on the SOL. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. 13, eff. 13, eff. 2019), Sec. Once all of the documents are signed, the buyer will need to register their new home with the DMV. June 18, 2005. (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. (2) the home is habitable with respect to formaldehyde emissions. (e) The director, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of the violation. Misuse of this system is subject . The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. 1201.506. CREDIT. 3.04, eff. 2019), Sec. September 1, 2009. September 1, 2017. 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. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. If the buyer acquires the home from someone who is not a licensed retailer, they can find the application online or call 800-500-7074 to request one. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. 1079 (H.B. 85(3), eff. (g) The department may request that a tax collector confirm that no tax suit has been timely filed on any manufactured home tax lien more than four years in delinquency.

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