(31) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. 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. Acts 2007, 80th Leg., R.S., Ch. The United States has had its fair share of strange legislation in its existence thus far. 1421, Sec. 2019), Sec. January 1, 2008. and. To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). January 1, 2008. (4) the issuance of an initial or revised statement of ownership. 1079 (H.B. 2438), Sec. 2238), Sec. 338, Sec. The department shall require that the owner submit evidence that the home was relocated in accordance with the requirements of the Texas Department of Motor Vehicles. Added by Acts 2001, 77th Leg., ch. The form must require the disclosure of the original dollar amount of the tax lien and the name and address of the person in whose name the manufactured home is listed on the tax roll. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. (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. (2) a federally insured financial institution or licensed attorney who has obtained from a licensed title insurance company a title insurance policy covering all prior liens on the home. The Texas Department of Housing & Community Affairs (TDHCA) handles all transfers of manufactured housing. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. How to Locate Mobile Home Statements of Ownership in Texas (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. Acts 2013, 83rd Leg., R.S., Ch. 3.11, eff. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. Acts 2005, 79th Leg., Ch. 19, eff. 1201.362. 863 (H.B. 1421, Sec. 1201.552. (a) This section applies to a transaction in which a manufactured home is sold as personal property. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. 863 (H.B. June 18, 2003. Sec. (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. June 1, 2003. September 1, 2017. Fax: 517-241-0130. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. Acts 2007, 80th Leg., R.S., Ch. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2, eff. The appellant shall be provided at least three days' notice of the time and place of the hearing. 2, eff. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. The term does not include a person who maintains a location for the display of manufactured homes. 62, eff. A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer: (1) supplies the department with proof of acceptance by a design approval primary inspection agency authorized by the United States Department of Housing and Urban Development; (3) has the home inspected by an in-plant inspection agency authorized by the United States Department of Housing and Urban Development. September 1, 2013. 65, eff. 408 (H.B. (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. (B) other information required by this chapter. 23, eff. Manufactured Housing Information | Denton County, TX (B) the approximate square footage of the home when installed for occupancy; (4) the identification number for each section or module of the home; (5) the physical address where the home is installed for occupancy, including the name of the county, and, if it is different from the physical address, the mailing address of the owner of the home; (6) in chronological order of recordation, the date of each lien, other than a tax lien, on the home and the name and address of each lienholder, or, if a lien is not recorded, a statement of that fact; (7) a statement regarding tax liens as follows: "On January 1st of each year, a new tax lien comes into existence on a manufactured home in favor of each taxing unit having jurisdiction where the home is actually located on January 1st. (d) The course of instruction must be offered at least quarterly. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. 9, eff. Copyright 2018 Texas Manufactured Housing Association. Acts 2007, 80th Leg., R.S., Ch. (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. (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. 41, eff. PDF Attorney General of Texas Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. 2238), Sec. 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. (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. 2, eff. September 1, 2011. 25, eff. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. 1201.609. 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. 85(1), eff. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. September 28, 2011. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. 338, Sec. 62, eff. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. 1201.553. 1201.203. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Acts 2017, 85th Leg., R.S., Ch. (d) A person may not act as an installer in this state unless the person holds an installer's license. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. 1201.355. 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. (3) the information and the cost required under Section 1201.1031. 2019), Sec. 2, eff. September 1, 2017. How to Transfer Ownership of a Mobile Home in Texas (b) If a surety files for liquidation or reorganization in bankruptcy or is placed in receivership, the license holder shall obtain other security not later than the 60th day after the date that notice of the filing or receivership is received. (3) another state may prohibit installation of the home in a Wind Zone II or III area. September 1, 2013. 863 (H.B. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. 408 (H.B. 2019), Sec. 408 (H.B. 2, eff. June 1, 2003. ELECTRONIC PUBLIC RECORDS REQUIRED. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. 1201.201. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 1460), Sec. (e) A deposit becomes a down payment upon execution of a sales purchase contract. 1201.159. (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. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. 46, Sec. 1284 (H.B. 1201.256. 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. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. (g) Subsections (a), (a-2), (a-3), and (a-4) do not apply to a license holder who applies: (1) for a license for an additional business location; or. September 1, 2017. 20, 21, eff. 1201.452. 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. 2019), Sec. (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. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. The person's provisional status remains in effect until a sufficient number of installations completed by the person have been inspected by the department and found not to have any identified material violations of the department's rules. 338, Sec. Acts 2017, 85th Leg., R.S., Ch. 2315), Sec. Added by Acts 2001, 77th Leg., ch. 1460), Sec. June 1, 2003. 863 (H.B. Sept. 1, 2003. They are non-refundable. 408 (H.B. Application for Statement of Ownership.pdf - TEXAS DEPARTMENT OF Sec. This chapter may be cited as the Texas Manufactured Housing Standards Act. (b) To protect the public health, safety, and welfare and to ensure the availability of low cost manufactured housing for all consumers, the director shall adopt rules to: (1) protect the interests of consumers who occupy or want to purchase or install manufactured housing; and. 1201.507. Online Statement of Ownership Application System. Application fees are relatively inexpensive, but the homeowner may incur additional charges depending on their application. HEARING ON STANDARD OR REQUIREMENT. 1079 (H.B. real property or personal property and regardless of whether the manufactured home Sec. 2238), Sec. // function that displays status bar message . Sec. 1201.164. January 1, 2008. (a) To ensure that a manufactured home sold or installed in this state complies with the standards code, the director may by contract provide for a federal agency or an agency or political subdivision of this state or another state to perform an inspection or inspection program under this chapter or under rules adopted by the board. 338, Sec. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. 863 (H.B. 26, eff. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. (f) If a salvaged manufactured home is rebuilt in accordance with this chapter and the rules of the director, the director shall, on application, issue a new statement of ownership that indicates that the home is no longer salvaged. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. 15(3), eff. 2438), Sec. 2438), Sec. 1201.113. 1460), Sec. 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. A. 3361), Sec. January 1, 2008. Married couple will be the only owners and agree that the . 1276, Sec. 2438), Sec. HABITABILITY. 2019), Sec. Bloody 'crime scene' may be a civil matter: Pepper Pike Police Blotter She holds a B.A. (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. 2019), Sec. 56, eff. Sept. 1, 2003. June 18, 2005. Added by Acts 2001, 77th Leg., ch. Sec. Stay up-to-date with how the law affects your life. 3.03, eff. 2019), Sec. The buyer must bring their payment. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 36, eff. June 1, 2003. September 1, 2013. Louisiana - Wikipedia As otherwise indicated below. (c) The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request. Amended by Acts 2003, 78th Leg., ch. The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. 1, eff. June 1, 2003. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. 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. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. 5, eff. June 18, 2005. Sept. 1, 2003. June 18, 2003. 408 (H.B. 26, eff. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. Sec. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. June 1, 2003. 863 (H.B. (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. VOIDABLE CONTRACT. 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. 863 (H.B. June 1, 2003. January 1, 2008. 59, eff. 3, eff. (f) A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: Sec. (c) The holder of the debt instrument is entitled to full indemnity from the retailer or manufacturer for a claim based on an act or omission of the retailer or manufacturer. 3361), Sec. (d) Except as approved by the department, a local governmental unit may not require a permit, a fee, a bond, or insurance for the transportation and installation of manufactured housing by a licensed retailer or installer. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (B) the most economical and efficient means to address those problems and serve the public interest. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2013. (B) any other location the holder or servicer knows or believes, after a reasonable inquiry, to be an address where the owner may have been or is receiving mail or is an address of record; (2) such notification shall be given by certified mail; and. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as PROHIBITED RETENTION OF DEPOSIT. DEFINITIONS. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. 85(3), eff. STATEMENT OF OWNERSHIP FORM. September 1, 2013. Sort By. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. Sec. 31, eff. 1421, Sec. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. 1201.114. June 1, 2003. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. Acts 2007, 80th Leg., R.S., Ch. Control #: TX-C104 Instant Download Buy now. June 18, 2003. 408 (H.B. 1201.060. 85(2), eff. 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. Added by Acts 2001, 77th Leg., ch. Obtain a expertly-drafted, state-specific template within minutes. 1284 (H.B. 1, eff. (b) An offense under this section is a Class A misdemeanor punishable by: (2) confinement in county jail for a term of not more than one year; or. 32, eff. 1460), Sec. if (document.images) {document.images[id].src=eval(name+".src"); } Sec. 5, eff. (c) A retailer's or manufacturer's compliance with United States Department of Housing and Urban Development regulations and the director's rules concerning the notice is conclusive proof that: (1) the consumer received sufficient notice of the risks of occupying the home; and. 338, Sec. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. (c-1) The department may permit the use of any device or procedure that has been reviewed and approved by a licensed engineer provided that such use or procedure complies with any instructions, conditions, or other requirements specified by that engineer. 2019), Sec. 1201.458. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. A family relationship required by this subsection may be a relationship established by adoption. 15, eff. 1201.151. 8, eff. (11) failed to pay the required fee to obtain or renew a license. Mobile Homes - Michigan Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. 338, Sec. 34, eff. 1201.208. Added by Acts 2001, 77th Leg., ch. 17, eff. Sec. 863 (H.B. Section 5401 et seq.) (a-2) An applicant for a retailer's license must complete four hours of specialized instruction relevant to the sale and exchange of manufactured homes. 408 (H.B. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. 15, eff. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. Added by Acts 2001, 77th Leg., ch. 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. Sec. (f) A person whose license has been expired for one year or more may not renew the license. (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 . 1201.220. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. 408 (H.B. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 2, eff. 1421, Sec. in Communications and English from Niagara University. 2019), Sec. 85(5), eff. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. An incomplete application can also delay processing. Section 1601 et seq.). (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. The retailer must also provide the required information, supporting documents and fees to the TDHCA. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. 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). (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. 1421, Sec. 1284 (H.B. approved by the secretary of housing and urban development. (a) The director may inspect manufactured homes at the state border and adopt rules necessary for the inspection of manufactured homes entering this state to ensure: (A) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 408 (H.B. The board shall issue an order after receiving a proposal for decision. 1284 (H.B. 408 (H.B. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder. Sec. June 1, 2003. Acts 2005, 79th Leg., Ch. (2) payment of any use tax owed to the state. 530 (S.B. 26, eff. Section 5301 et seq.) 2019), Sec. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. TDHCA Forms. June 18, 2005. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. 8, eff. Sec. Amended by Acts 2003, 78th Leg., ch. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. 71, eff. The warranty must conspicuously disclose that notice requirement to the consumer. Sec. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. Added by Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. 1421, Sec. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. The use changes, as from residential to nonresidential and vice versa. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. Sec. Sec. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable.