2, eff. January 1, 2008. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. 1201.607. LICENSE APPLICATION. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . Sec. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. Acts 2007, 80th Leg., R.S., Ch. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. (2) the name of the person to whom title to the home will be transferred under this section is the same name that is listed in the real property or tax records indicating the current ownership of the real property. INSPECTIONS. The use changes, as from residential to nonresidential and vice versa. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting September 1, 2017. January 1, 2008. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. 16, eff. PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME. 1201.1521. September 1, 2017. ), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. 18, eff. January 1, 2008. June 18, 2003. 3.16, eff. 408 (H.B. 1201.1025. In order to satisfy this requirement, the property owner may apply to . If the consumer refuses to comply with the department's new order, the manufacturer, retailer, or installer, as applicable: (1) is discharged from the obligations imposed by the relevant department orders; (2) has no liability to the consumer with regard to that warranty; and. 3.06, eff. September 1, 2009. 1510), Sec. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 12, eff. 77 (H.B. Sec. 2, eff. Our Association made up of manufactured housing builders, retailers, and suppliers in and aound the state of Louisiana encourages manufactured . 15(2), eff. Amended by Acts 2003, 78th Leg., ch. 1201.157. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. Code, Chapter 1201). June 1, 2003. June 1, 2003. Added by Acts 2001, 77th Leg., ch. . 13. SECURITY: LOCATION. 863 (H.B. June 1, 2003. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. Obtain a expertly-drafted, state-specific template within minutes. 338, Sec. June 1, 2003. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. 33, eff. Application for Statement of Ownership. 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 Laredo Texas Statement of Ownership and Location Take advantage of our comprehensive internet form library to make sure you always are able to get up-to-date samples that are completely ready for downloading, preparing, and signing. (d) While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. 22, eff. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. 863 (H.B. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; (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. (6) "Broker" means a person engaged by one or more other persons to negotiate or offer to negotiate a bargain or contract for the sale or exchange of a manufactured home for which a certificate or other document of title has been issued and is outstanding. 2, eff. 863 (H.B. 1201.151. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. Whether or not the individual ceased further activity is up for debate. 2019), Sec. June 18, 2005. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. 2438), Sec. 15, eff. 408 (H.B. 1201.062. 1201.355. 2019), Sec. (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. 408 (H.B. MANUFACTURER'S CERTIFICATE. 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. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. Added by Acts 2001, 77th Leg., ch. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. PROHIBITED CONSTRUCTION BY MANUFACTURER. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (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. (B) a lien on a manufactured home created by the constitution or a statute. Added by Acts 2003, 78th Leg., ch. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 2, eff. (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. (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. 77 (H.B. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power 1460), Sec. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. 1201.608. 3.13, eff. 39, eff. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. CONSUMER COMPENSATION. 1276, Sec. 1201.553. 863 (H.B. Sec. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. 1421, Sec. SECURITY: DURATION. June 18, 2003. Amended by Acts 2003, 78th Leg., ch. Home ownership data was last updated on 03/02/2023. (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. Section 5414; and. (a) Except as provided by Subsection (b), a manufactured home is personal property. 338, Sec. 2438), Sec. Sec. 2019), Sec. BOX 12489 Austin, Texas 78711-2489 46 (H.B. (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. Acts 2017, 85th Leg., R.S., Ch. 1201.361. Sec. (b) On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board. 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. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . 1284 (H.B. (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. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. 1201.461. 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. January 1, 2008. September 1, 2017. September 1, 2009. 1201.210. (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. 33, eff. (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. The TDHCA will review the initial Statement of Ownership application. September 1, 2009. 67, eff. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. (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. 46 (H.B. (2) the home is offered as real property. 408 (H.B. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. September 1, 2017. Section 1601 et seq.). Acts 2017, 85th Leg., R.S., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2438), Sec. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. 77 (H.B. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. 2, eff. (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. 2019), Sec. 2438), Sec. SHORT TITLE. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. Sec. document.returnValue = false; 1421, Sec. 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. Amended by Acts 2003, 78th Leg., ch. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. 1201.609. 1079 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1201.103. 16, eff. 338, Sec. Sec. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. 1201.356. (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. (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. Sec. The TDHCA requires an inspection and lien search to prove there are no liens on the property. Acts 2017, 85th Leg., R.S., Ch. Sec. The term does not include a person who maintains a location for the display of manufactured homes. Since 2003, the State of Texas no longer issues Titles and Certificates of Attachment. A seal is the property of the department. 1201.351. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Acts 2007, 80th Leg., R.S., Ch. Sec. (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. 408 (H.B. 85(8), eff. 1201.460. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. 38, eff. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . 2238), Sec. 1460), Sec. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. September 1, 2017. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. 1460), Sec. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. 1201.6041. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. 2019), Sec. January 1, 2008. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. Site Search: Manufactured Housing Report Options. Copyright 2023, Thomson Reuters. They also found a . 1421, Sec. 1201.205. January 1, 2008. (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. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. September 1, 2017. 408 (H.B. 01/16/18 . Sec. Amended by Acts 2003, 78th Leg., ch. (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. Acts 2007, 80th Leg., R.S., Ch. June 18, 2005. Complete and attach the Inventory Schedule including the information for each sale during the . 1460), Sec. 14, eff. . 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. Added by Acts 2001, 77th Leg., ch. June 18, 2003. 85(3), eff. June 18, 2003. 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. Manufactured Home Property Tax Services. Sec. September 1, 2011. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; REPORT AND ORDER; AMENDMENT; COMPLIANCE. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. (2) be of the type, size, and format required by the director. on the tax rolls separately. 35, eff. If the buyer acquires the home from someone who is not a licensed retailer, they can find the application online or call 800-500-7074 to request one. Sept. 1, 2003. Sec. 2, eff. January 1, 2008. Sept. 1, 2003. June 18, 2005. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. September 1, 2013. 73(a)(3), eff. 863 (H.B. (B) is designated by an entity and satisfies the requirements of Sections 1201.104 and 1201.113 on behalf of the entity, if the entity is licensed or seeking licensure under this chapter. 1460), Sec. 2, eff. 811 (H.B. 408 (H.B. A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond. (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. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. June 18, 2003. 2019), Sec. 2019), Sec. Sec. 863 (H.B. January 1, 2008. Acts 2013, 83rd Leg., R.S., Ch. 36, eff. 338, Sec. January 1, 2008. 14A.252(a), eff. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 62, eff. Acts 2013, 83rd Leg., R.S., Ch. June 1, 2003. PROCEDURE FOR LICENSE RENEWAL. (b) A retailer may not charge to the consumer any fees or expenses other than the real property appraisal and title work expenses disclosed to the consumer under Subsection (a)(3). 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. 408 (H.B. A bond is not required of the director with respect to injunctive relief granted under this subsection. 1201.061. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. 7, eff. Next . January 1, 2008. 100 E. Weatherford Street. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. January 1, 2008. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. Acts 2009, 81st Leg., R.S., Ch. (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. 7, eff. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and.