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(B) the sale or lease occurs in a single real estate transaction. 863 (H.B. The United States has had its fair share of strange legislation in its existence thus far. 2438), Sec. NATURE OF PROPERTY. Sec. Sec. VENUE FOR HEARING. (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. DEFINITIONS BINDING. June 1, 2003. September 1, 2013. 11, eff. 1421, Sec. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. (2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered delinquent. 1460), Sec. 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.". (d) The following are exempt from the application of this section: (1) a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection; and. Acts 2013, 83rd Leg., R.S., Ch. } (b) The abatement continues until the earlier of: (1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or. Acts 2017, 85th Leg., R.S., Ch. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 863 (H.B. January 1, 2008. 1510), Sec. They are non-refundable. 1460), Sec. 2019), Sec. 2019), Sec. 2238), Sec. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. 2, eff. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. 1201.401. 01/16/18 . (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. January 1, 2008. 1201.1511. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. (b) Before declaring a manufactured home abandoned, the owner of real property on which the home is located must send a notice of intent to declare the home abandoned to the record owner of the home, all lienholders at the addresses listed on the home's statement of ownership on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests. 1421, Sec. Sec. 1460), Sec. 1201.109. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. 863 (H.B. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; September 1, 2013. Amended by Acts 2003, 78th Leg., ch. Texas Parks and Wildlife. 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. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. (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. (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. 19, eff. 863 (H.B. Added by Acts 2001, 77th Leg., ch. APPLICABILITY OF BUSINESS & COMMERCE CODE. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. HABITABILITY. 2, eff. 2438), Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. Sec. A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with: (1) all requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 408 (H.B. 22, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. 21, eff. 1201.154. 2019), Sec. 74.06, eff. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. 1201.254. 408 (H.B. Statement of Ownership Application Instructions (PDF) . The department shall place on the application for the issuance of a statement of ownership the following legend in a clear and conspicuous manner: "THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT OF OWNERSHIP LATER THAN SIXTY (60) DAYS AFTER THE DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE OF UP TO ONE HUNDRED DOLLARS ($100.00). BROKER. September 1, 2017. (a) The board shall approve continuing education programs for licensees under this chapter. A bond is not required of the director with respect to injunctive relief granted under this subsection. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. home; or. Acts 2007, 80th Leg., R.S., Ch. 2, eff. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. Enter the number of acres used for residential purposes. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 10, eff. 1460), Sec. 2019), Sec. This form shows taxes are paid and current. If required by law or otherwise necessary, the director may obtain an inspection search warrant. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 1201.164. MANUFACTURED HOUSING. Sec. 1079 (H.B. 2438), Sec. Sec. 52, eff. (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. (26-a) "Sales purchase contract" means the contract between a retailer and a consumer for the purchase of a manufactured home from the retailer. You can do this by either searching the Manufactured Home Ownership Records database online or calling the Texas Department of Housing and Community Affairs directly. 2438), Sec. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. June 18, 2003. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. LICENSE APPLICATION. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. 24, eff. 1201.351. 408 (H.B. January 1, 2008. 1201.513. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. 2438), Sec. Those numbers identify the mobile home when you look up taxes and liens associated with the property. FORMALDEHYDE HEALTH NOTICE. June 18, 2003. A family relationship required by this subsection may be a relationship established by adoption. (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. September 1, 2017. 2438), Sec. A retailer may require a deposit on a specially ordered manufactured home. 863 (H.B. 2, eff. 1421, Sec. The TDHCA will review the initial Statement of Ownership application. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. By Email: mhtaxes . 29, eff. 77 (H.B. 2238), Sec. 1201.610. 40, eff. (C) does not include a recreational vehicle as defined by 24 C.F.R. (c)The owner of land that qualifies as a residence homestead under this section is Acts 2017, 85th Leg., R.S., Ch. June 18, 2005. (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. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. Sec. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. CONSUMER COMPLAINT HOME INSPECTION. June 1, 2003. Acts 2013, 83rd Leg., R.S., Ch. Sec. Processing takes about 15 business days, but the applicant can pay an additional $55 service fee to process it within five business days from receipt. 3.05, eff. (b)The land on which a manufactured home is located qualifies as a residence homestead Acts 2007, 80th Leg., R.S., Ch. 1201.603. 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. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. Acts 2017, 85th Leg., R.S., Ch. 27, eff. Sec. Login ID. January 1, 2008. 338, Sec. (2) the holder of a lien or security interest of record. Sec. September 1, 2013. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. 59, eff. Acts 2007, 80th Leg., R.S., Ch. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. 1079 (H.B. (7) "Manufacturer's certificate" means a document that meets the requirements prescribed by Section 1201.204. 63, eff. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. 1284 (H.B. A salvaged manufactured home may be sold only to a licensed retailer. 1460), Sec. Sec. (e) A real property election for a manufactured home is not considered to be perfected until a copy of the statement of ownership has been filed and the department and the chief appraiser of the applicable appraisal district have been notified of the filing as provided by Subsection (d). All other counties are in Wind Zone I. January 1, 2008. January 1, 2008. . If they submit the application after 60 days, there will be a late fee charged up to $100. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. The board shall issue an order after receiving a proposal for decision. 1460), Sec. 2019), Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Acts 2007, 80th Leg., R.S., Ch. 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. If a license suspension is probated, the department may require the person to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the department; or.