texas department of manufactured housing statement of ownership

//-->, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . Any certified copies of a Statement of Ownership are free upon request. 34(1), eff. (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. 1201.603. June 1, 2003. Acts 2007, 80th Leg., R.S., Ch. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 1814), Sec. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. 2019), 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. (3) shall comply with all applicable provisions of the Finance Code. 338, Sec. ELECTRONIC MEANS AUTHORIZED. September 1, 2009. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 1201.157. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. June 18, 2003. 2019), Sec. (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. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . 5, eff. Added by Acts 2001, 77th Leg., ch. (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. 2019), Sec. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. License data was last updated on 03/03/2023. 1284 (H.B. 1201.353. 2019), Sec. entitled to obtain the homestead exemptions provided by Section 11.13 and any other benefit granted under this title to the owner of a residence homestead 20, eff. Acts 2017, 85th Leg., R.S., Ch. 26, eff. 2438), Sec. June 18, 2005. 77, Sec. September 1, 2017. 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. Acts 2007, 80th Leg., R.S., Ch. 17, eff. The Statement provides, among other things: . INFORMATION ON OWNERSHIP AND TAX LIEN. 2019), Sec. DIRECT CONSUMER COMPENSATION. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. 1201.459. Acts 2007, 80th Leg., R.S., Ch. 1201.362. H. OUSING AND . (B) the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. 9, eff. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. 1201.217. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. Sec. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. Sec. T. EXAS . 2019), Sec. (d) If the approval of a continuing education program expires between regularly scheduled board meetings, the director may, on receipt of the required renewal application, fee, and necessary documentation of education material, approve the continued administration of the program until the next board meeting. Acts 2007, 80th Leg., R.S., Ch. 1201.052. 58, eff. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. 408 (H.B. Sec. 1201.252. A civil action filed under this subsection shall be filed in district court in Travis County. 1201.305. June 18, 2005. 1201.222. January 1, 2008. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. 338, Sec. // (b) A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit. Acts 2009, 81st Leg., R.S., Ch. 863 (H.B. Sec. (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. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. (f) If a person licensed under this chapter fails to pay an administrative penalty that has become final or fails to comply with an order of the director that has become final, in addition to any other remedy provided by law, the director, after not less than 10 days' notice to the person, may without a prior hearing suspend the person's license. Sec. 53, eff. 13, eff. 863 (H.B. Calling 800-500-7074. 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. January 1, 2008. 47, eff. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. (b) The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later 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 the home. 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. 2438), Sec. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 14A.255(a), eff. (b) A salesperson may not submit to a retailer information known to be false or misleading. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. 2, eff. June 1, 2003. Questions or comments, please call 1-800-500-7074. 338, Sec. 3361), Sec. June 18, 2005. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. 1079 (H.B. Sec. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. Acts 2007, 80th Leg., R.S., Ch. (c)The owner of land that qualifies as a residence homestead under this section is Sec. The period needed to complete an examination under this subsection may not be used to satisfy the minimum education requirements under Subsection (a), (a-2), (a-3), or (a-4). (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under Section 1201.404; or. ), 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. September 1, 2013. 29, eff. 408 (H.B. 2019), Sec. 2019), Sec. 4 (S.B. Application fees are relatively inexpensive, but the homeowner may incur additional charges depending on their application. Acts 2017, 85th Leg., R.S., Ch. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . 1284 (H.B. Acts 2007, 80th Leg., R.S., Ch. A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed. (c) If the required face amount of a security is impaired by the payment of a claim, the license holder shall restore the security to the required face amount not later than the 60th day after the date of impairment. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. September 1, 2009. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. A. 2, eff. 408 (H.B. 2019), Sec. 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 . 2019), Sec. June 18, 2003. 2438), Sec. (a) The owner of real property on which a manufactured home owned by another is located may declare the home abandoned as provided by this section if: (1) the home has been continuously unoccupied for at least four months; and. Sec. Beginning on September 1, 2003, the TDHCA considered all outstanding documents of title as Statements of Ownership, which the agency issues from MHD headquarters in Austin.They must also apply for a statement when: A Statement of Ownership application costs $55 to process, and a late application may result in a $100 fee and a delay in its issuance if it is over 60 days late. 863 (H.B. 2019), Sec. 863 (H.B. 3.06, eff. Can I Use a Bill of Sale for a Texas Trailer Title? Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. Finding the perfect mobile home doors is a combination of design and personal style. (2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code. 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. Amended by Acts 2003, 78th Leg., ch. 85(5), eff. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. September 1, 2017. June 18, 2005. 2, eff. The TDHCA requires a copy of the title commitment or policy. 32, eff. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. 77 (H.B. Sending a fax to 512-475-1109. (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. Manufactured Housing. 12, eff. 338, Sec. (b) Except in the case of an applicant for a salesperson's license, successful completion of the course of instruction is a prerequisite to obtaining the license. January 1, 2008. PROHIBITED REAL ESTATE TRANSACTION. 863 (H.B. September 1, 2011. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 863 (H.B. 863 (H.B. 3.10, eff. 7, eff. (B) a lien on a manufactured home created by the constitution or a statute. After June 2003, the TDHCA replaced the Certificate of Title with a Statement of Ownership and Location (SOL), which eventually became known as a Statement of Ownership. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . 408 (H.B. 1201.253. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. Sec. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. RETAILER AS WAREHOUSE. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. 2019), Sec. Acts 2009, 81st Leg., R.S., Ch. 863 (H.B. 1421, Sec. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. Acts 2005, 79th Leg., Ch. 3613), Sec. 863, Sec. June 18, 2003. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. 3.04, eff. 1201.051. (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. (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. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . Sec. (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. 1460), Sec. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 2, eff. Because of its regulatory nature, MHD has its own board and executive director. 1284 (H.B. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sec. (b) Repealed by Acts 2005, 79th Leg., Ch. 1460), Sec. 408 (H.B. January 1, 2008. 1095 (H.B. (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. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. PROCEDURE FOR LICENSE RENEWAL. Click here to access an Open Records Request form. 863 (H.B. 25, eff. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. Section 5301 et seq.) 863 (H.B. You will need to pay a $55 issuance fee for a new SOL. ownership interest in the development, except for a tax credit . (b) The director may request or issue subpoenas for a licensee's records. Sec. 1460), Sec. 408 (H.B. (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. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. (h) An order revoking the license of a retailer, broker, installer, or salesperson may provide that the person is prohibited, without obtaining prior written consent of the director, from being a related person of a licensee. Harris County Tax Office, https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. Mhd Form 1071 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. Current as of April 14, 2021 | Updated by FindLaw Staff. 1201.551. 863 (H.B. 85(5), eff. Added by Acts 2001, 77th Leg., ch. 2019), Sec. Sec. INSTALLATION OF MANUFACTURED HOUSING. (a) if the appraisal district verifies the applicant's ownership under this subsection. 2238), Sec. The Statement of Ownership is what confirms ownership and liens recorded with the Department. 3361), Sec. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. (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. In order to satisfy this requirement, the property owner may apply to . Acts 2007, 80th Leg., R.S., Ch. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. Sec. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. September 1, 2009. (c) The renewal license expires on the second anniversary of the date the license was renewed. Acts 2005, 79th Leg., Ch. September 1, 2017. 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. 1079 (H.B. By contrast, about a third of site-built homeowners earn . EXEMPTION FOR CERTAIN EMERGENCY HOUSING. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. 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.

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