texas department of manufactured housing statement of ownership texas department of manufactured housing statement of ownership

(e) Repealed by Acts 2017, 85th Leg., R.S., Ch. Any. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer. INSPECTION OF LICENSEE RECORDS. Added by Acts 2003, 78th Leg., ch. (b) If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. January 1, 2008. 31, eff. 2019), Sec. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). June 18, 2003. 2438), Sec. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. 10, eff. ownership interest in the development, except for a tax credit . 32, eff. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. 1201.252. (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location. (b) To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000. If a homeowner finds an error on a Statement of Ownership, they can inform the agency by: To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. (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. SANCTIONS AND PENALTIES. (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. (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. June 1, 2003. (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. Section 5414; and. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. Sec. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. HABITABILITY. 1276, Sec. June 18, 2003. 1201.1031. The Texas Department of Housing & Community Affairs (TDHCA) handles all transfers of manufactured housing. 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. 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. January 1, 2008. Copyright 2023, Thomson Reuters. document.returnValue = true; June 1, 2003. Bloody 'crime scene' may be a civil matter: Pepper Pike Police Blotter 1201.505. 408 (H.B. 1201.217. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". 1421, Sec. 68, eff. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. 408 (H.B. 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. 1201.357. 408 (H.B. PROPERTY CODE CHAPTER 2. NATURE OF PROPERTY - Texas 408 (H.B. (f) A person whose license has been expired for one year or more may not renew the license. This subsection does not apply to the release of a tax lien perfected with the department. (2) the home is offered as real property. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". 25, eff. Statements of Ownership and Location The term does not include a person who maintains a location for the display of manufactured homes. INSPECTIONS NOT LIMITED; CORRECTIONS. June 1, 2003. 1201.008. Acts 2005, 79th Leg., Ch. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. Acts 2007, 80th Leg., R.S., Ch. If the seller files the SOL form after 60 days, they can face a fee of up to $100. Acts 2009, 81st Leg., R.S., Ch. 1201.362. real property or personal property and regardless of whether the manufactured home Additionally, after selling a mobile home, the SOL application with the required fees must be filed no later than 60 days after the date of a sale to a consumer for residential use. Acts 2005, 79th Leg., Ch. 70, eff. (d) A retailer or manufacturer may not vary the content or form of the notice. (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. 1284 (H.B. Acts 2017, 85th Leg., R.S., Ch. (c) If the department issues a statement of ownership to an owner of a manufactured home treated as personal property, the statement of ownership on file with the department is evidence of ownership of the home. 1201.003. SEAL OR LABEL REQUIRED. Sec. 28, eff. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. 7, eff. A lien, charge, or other encumbrance on a home treated as personal property may be made only by filing the appropriate document with the department. 408 (H.B. 2438), Sec. Category: Texas Real Estate - Manufactured Homes. Manufactured Housing Information | Denton County, TX Buyers should first determine what supporting documents they'll need when filing for the ownership document, as well as any fees by referring to the agency's requirements for Applying for a Statement of Ownership (PDF). License Status. 1016, Sec. Sept. 1, 2003. Next . 1201.1505. September 1, 2017. 408 (H.B. For male dogs the procedure can be done at any time. In male dogs Section 4001 et seq. 863 (H.B. in Communications and English from Niagara University. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. 1421, Sec. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. June 18, 2005. January 1, 2008. 1201.210. Manufactured Housing has moved! 1201.219. 2019), Sec. 85(5), eff. CEASE AND DESIST. (c) The board shall establish a fee for the inspection of the installation of a mobile or HUD-code manufactured home, to be paid by the installer of the home. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. Louisiana Manufactured Housing Association - LMHA (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. (11) "Subsequent sale" means a bargain, sale, transfer, or delivery of a manufactured home, with intent to pass an interest in the home, other than a lien, from one person to another after the first retail sale and initial issuance of a statement of ownership. 1201.060. 1284 (H.B. 1510), Sec. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 1201.606. September 1, 2011. 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). 58, eff. (e) Repealed by Acts 2003, 78th Leg., ch. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. Statement of Ownership Application Instructions (PDF) . (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. (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. 1460), Sec. 3613), Sec. 1, eff. Within 60 days of closing a sale, sellers are required to submit an Application for SOL along with the required fee. 1421, Sec. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. RULES RELATING TO COMPLIANCE WITH NATIONAL STANDARDS FOR MANUFACTURED HOUSING CONSTRUCTION AND SAFETY; STATE PLAN. June 18, 2003. 408 (H.B. INSPECTION SEARCH WARRANTS. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. 408 (H.B. Amended by Acts 2003, 78th Leg., ch. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. 3, eff. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. 2438), Sec. 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. June 1, 2003. 1, eff. (2) provide contractually in the sales transaction that the identified bond applies to the sale. September 1, 2013. 338, Sec. 408 (H.B. Added by Acts 2001, 77th Leg., ch. (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. Section 1201.003 of the Texas Occupations Code (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. Acts 2017, 85th Leg., R.S., Ch. 5, eff. The use changes, as from residential to nonresidential and vice versa. (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. 44, eff. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 1201.010. Attach a copy of document of statement of ownership and location issued by the Texas Department of Housing and Community Affairs if home is 8' by 40' or . Added by Acts 2001, 77th Leg., ch. 2019), Sec. The Texas Department of Housing and Community Affairs (TDHCA) issues a Statement of Ownership instead of a mobile home title to homeowners when transferring or selling a mobile home. Texas Parks and Wildlife. (1) a deposit held in escrow in a real estate transaction; or. A violation of this subsection is a Class B misdemeanor. (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. 12, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 42, eff. 1201.351. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 30, eff. (12) any other information the board requires. Sec. Acts 2007, 80th Leg., R.S., Ch. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. Acts 2017, 85th Leg., R.S., Ch.