(c) All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department. Sec. 2019), Sec. If the department rejects an application, the department shall provide a clear and complete explanation of the reason for the rejection and instructions on how to cure any defects, if possible. Prior to your mobile home closing - Continued. 408 (H.B. All Rights Reserved. Added by Acts 2003, 78th Leg., ch. (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder conducts business; or. 1201.355. 3613), Sec. 2019), Sec. Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 46 (H.B. September 1, 2017. A retailer may require a deposit on a specially ordered manufactured home. The application must include all the following documents as a part of this form. Sort By. (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031. (a) The board shall approve continuing education programs for licensees under this chapter. (b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. The director shall administer and enforce this chapter. (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. September 1, 2017. 408 (H.B. (2) 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 there are no changes and you send the original COA or affidavit to the TDHCA, there are no required fees. 8(1), eff. Amended by Acts 2003, 78th Leg., ch. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. 1276, Sec. 4, eff. (3) $4,000 for each subsequent violation. 3.08, eff. September 1, 2017. 3361), Sec. If there is an existing lien on the new manufactured home perfected with the department, the owner of the lien is entitled to recover the value of the lien from the retailer. (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. (a) A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document. September 1, 2009. (a) The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order of the department an administrative penalty in an amount not to exceed $10,000 for each violation of this chapter and: (b) The director may assess against a licensee who fails to provide information to a consumer as required by this chapter an administrative penalty in an amount not to exceed: (2) $2,000 for the second violation; and. Sec. January 1, 2008. (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. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. 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. 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). 64, eff. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. Sept. 1, 2003. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. 2438), Sec. (a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. 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. September 1, 2017. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. September 1, 2011. 1284 (H.B. June 18, 2005. // function that displays status bar message 1276, Sec. June 18, 2003. Sec. January 1, 2008. If you lease a car, don't think you can get out of payments just because you're dead. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. 1460), Sec. (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. Section 1601 et seq. 863 (H.B. 1460), Sec. 29, eff. 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. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. The rules must protect a lienholder recorded with the department. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. September 1, 2017. September 1, 2013. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. (4) the location to which the license will apply. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying . 2438), Sec. 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. Sept. 1, 2003. (e) The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules. 66, eff. 2019), Sec. 1460), Sec. Amended by Acts 2003, 78th Leg., ch. 41, eff. 11, eff. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. A. FFAIRS. Acts 2007, 80th Leg., R.S., Ch. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. 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. (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. September 1, 2013. Tracking a manufactured home's ownership ceased when it became real property, was used for business or was salvaged. 2438), Sec. Sec. 2019), Sec. 21, eff. 2019), Sec. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. Added by Acts 2003, 78th Leg., ch. 2438), Sec. 56, eff. Sec. 1201.157. (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. 1284 (H.B. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. 338, Sec. 85(3), eff. Acts 2009, 81st Leg., R.S., Ch. (2) the home is habitable with respect to formaldehyde emissions. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. June 18, 2003. 1510), Sec. Login ID. 2019), Sec. Manufactured Home Property Tax Services. (d) A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that: (1) the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area; (2) installation of the home is not permitted in a Wind Zone II county in this state; and. D. EPARTMENT OF . Acts 2011, 82nd Leg., 1st C.S., Ch. June 18, 2005. (b) If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations. Acts 2017, 85th Leg., R.S., Ch. 1201.103. 35, eff. January 1, 2008. Sec. 41, eff. 25, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. (C) does not include a recreational vehicle as defined by 24 C.F.R. 1421, Sec. Manufactured Housing. Sec. (c) In determining the amount of an administrative penalty assessed under this section, the director shall consider: (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and. 863 (H.B. June 1, 2003. 2019), Sec. 338, Sec. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. 2238), Sec. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. 1460), Sec. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. (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. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. 49, eff. (d) The course of instruction must be offered at least quarterly. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. State: Texas. 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. 1421, Sec. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. 1201.304. If homeowners wish to return their manufactured home from real property back to personal property, they can do so by applying for a new Statement of Ownership. As otherwise indicated below. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. June 18, 2005. (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 . 1), Sec. September 1, 2017. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. (e) Repealed by Acts 2003, 78th 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. Sec. 1421, Sec. 2019), Sec. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. January 1, 2008. 2019), Sec. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. 408 (H.B. Acts 2005, 79th Leg., Ch. FAILURE TO PROVIDE WARRANTY SERVICE. Beginning September 1, 2003, a certificate of attachment is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. 2019), Sec. 65, eff. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. (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. 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 Acts 2017, 85th Leg., R.S., Ch. 7, eff. 24, 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. (1) shall advise each local governmental unit biennially in writing of the program for contracting installation inspections; (2) shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit; and. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. 2438), Sec. 2238), Sec. September 1, 2011. September 1, 2009. 338, Sec. CONTINUING EDUCATION PROGRAMS. 8(1), eff. 3361), Sec. Added by Acts 2001, 77th Leg., ch. (i) was sold as a new manufactured home and installed but never occupied; (iii) was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction. 1421, Sec. RETAILER AS WAREHOUSE. 73(a)(3), eff. (b) The standards and requirements adopted under Subsection (a)(1) are the standards code. 1460), Sec. September 1, 2013. The department shall cooperate with all local governmental units in this state. 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). document.returnValue = true; 39, eff. 1284 (H.B. Door Unit Mobile Home 32X76 Lh/Rh. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. 408 (H.B. 1460), Sec. Sec. 408 (H.B. June 18, 2003. (3) the information and the cost required under Section 1201.1031. Sec. 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. 16, eff. Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. 30, eff. The fee for a single is $35, doublewide is $70, and triple wide is $105. Sec. Sec. 811 (H.B. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (d) The director may impose an administrative penalty in accordance with this section. 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. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. 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. The application fee is currently $55, which should be submitted directly to the TDCHA.