52, eff. CEASE AND DESIST. 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. January 1, 2008. These forms are copywrited. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. home; or. June 18, 2003; Acts 2003, 78th Leg., ch. MANUFACTURED HOME ABANDONED. 37, eff. January 1, 2008. 2019), Sec. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. 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. June 18, 2005. INSPECTIONS NOT LIMITED; CORRECTIONS. 1201.008. January 1, 2008. (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. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 2019), Sec. TRANSPORTATION OF MANUFACTURED HOUSING. (b) The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty. Acts 2005, 79th Leg., Ch. The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. 408 (H.B. 88(R) HB 3136 - Introduced version - Bill Text - capitol.texas.gov The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. 1201.554. if (showMsg) { (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. 2, eff. 1460), Sec. 863 (H.B. September 1, 2017. Control #: TX-C104 Instant Download Buy now. Sec. Acts 2011, 82nd Leg., R.S., Ch. (a) Before the completion of a credit application or more than one day before entering into any agreement for a sale or exchange that will not be financed, the retailer must provide to the consumer a written disclosure in the form promulgated by the board. (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. September 1, 2017. if (document.images) { The TDHCA requires a copy of the title commitment or policy. (3) $4,000 for each subsequent violation. January 1, 2008. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. REFUNDS. The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. 14, eff. Homestead Exemption for Manufactured Home - last updated April 14, 2021 (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. September 1, 2013. 2019), Sec. June 1, 2003. 338, Sec. 863 (H.B. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. 1201.505. (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. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. DEFINITIONS BINDING. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. (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. Acts 2005, 79th Leg., Ch. (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. September 1, 2017. (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. Sec. 20, eff. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. 863 (H.B. The department shall disclose on its website the date of each lien filing. September 1, 2017. (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. 863 (H.B. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. Acts 2007, 80th Leg., R.S., Ch. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. Step 3: Check exemptions that apply to you. Manufactured Housing Division - Online Statement of Ownership Application System. 1201.256. 1201.606. The program is also responsible for park and dealer complaints; park, dealer and . 1276, Sec. 5, eff. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. Acts 2013, 83rd Leg., R.S., Ch. (B) the sale or lease occurs in a single real estate transaction. (b) At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document. 2, eff. 2019), Sec. 1201.358. (d) A civil action to enjoin a violation of this section may be brought by: (1) a purchaser in the county in which the violation occurs; or. January 1, 2008. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. Acts 2007, 80th Leg., R.S., Ch. 53, eff. 3613), Sec. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. SHORT TITLE. Acts 2009, 81st Leg., R.S., Ch. 10, eff. 1276, Sec. 15(2), eff. 863 (H.B. 46 (H.B. Sec. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. (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. 1460), Sec. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process. 51, eff. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. 1284 (H.B. 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. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. 1345 (S.B. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or. September 1, 2017. 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. 2, eff. (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, eff. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. Amended by Acts 2003, 78th Leg., ch. (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. June 18, 2003. 408 (H.B. 2019), Sec. (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. 43, eff. 408 (H.B. (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. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. 52, eff. (c) An applicant for a salesperson's license may apply for a license without having completed the course of instruction if the person successfully completes the course not later than the 90th day after the date of the person's licensure.