September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. 34, eff. June 1, 2003. (3) approving a standard proposed by a local governmental unit under Section 1201.252. 1201.210. 2019), Sec. 17, eff. 3361), Sec. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. 408 (H.B. (b) The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director. 20, eff. ADMINISTRATIVE PENALTY. 2019), Sec. 863 (H.B. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. VENUE FOR HEARING. 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. 1460), Sec. Added by Acts 2001, 77th Leg., ch. document.returnValue = true; Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. 1276, Sec. Added by Acts 2003, 78th Leg., ch. In order to satisfy this requirement, the property owner may apply to . Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. June 18, 2003. September 1, 2017. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. The form shall also conspicuously disclose the consumer's right of rescission. 77 (H.B. Acts 2009, 81st Leg., R.S., Ch. 32, eff. September 1, 2017. 2438), Sec. September 1, 2011. 53, eff. 2019), Sec. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Acts 2017, 85th Leg., R.S., Ch. (2) the date the director determines that a claim does not exist against the security. September 1, 2017. 408 (H.B. 1201.509. 1201.155. (b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license. (b) Payment by the surety or from the other security must be made not later than the 30th day after the date of notice from the director that a consumer claim has been paid. Acts 2017, 85th Leg., R.S., Ch. 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. Acts 2021, 87th Leg., R.S., Ch. June 18, 2005. Sec. 1, eff. 1201.504. 25, eff. January 1, 2008. (2) to a purchaser for the purchaser's business use or another nonresidential use. The United States has had its fair share of strange legislation in its existence thus far. 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. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. Acts 2017, 85th Leg., R.S., Ch. Enter the number of acres used for residential purposes. September 1, 2011. 1460), Sec. 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. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. Added by Acts 2003, 78th Leg., ch. 2019), Sec. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . 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. 1079 (H.B. 1201.2076. LICENSE APPLICATION. 5, eff. 85(3), eff. Tarrant County Tax Office. 51. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Acts 2017, 85th Leg., R.S., Ch. Home ownership data was last updated on 03/03/2023. 338, Sec. Acts 2017, 85th Leg., R.S., Ch. 1284 (H.B. June 1, 2003. Sec. Acts 2013, 83rd Leg., R.S., Ch. (c) The department may demand copies of contracts, invoices, receipts, or other proof of any real property appraisal and title work expenses retained by a retailer. D. IVISION. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. 77 (H.B. EXCEPTIONS TO LICENSE REQUIREMENT. (a) A person may not construct or assemble in this state or ship into this state a new HUD-code manufactured home unless the person holds, at the time the home is constructed or assembled, a manufacturer's license. CONSUMER COMPLAINT HOME INSPECTION. September 1, 2017. 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. This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home. Amended by Acts 2003, 78th Leg., ch. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. Sec. If you want to sell more than one within that time frame, you will need to be a licensed retailer with the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division. Sec. The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing. 1460), Sec. 85(3), eff. 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. (512) 389-4800. Amended by Acts 2003, 78th Leg., ch. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. INFORMATION ON OWNERSHIP AND TAX LIEN. (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. 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). 2438), Sec. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. 1284 (H.B. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. In order to satisfy this requirement, the property owner may apply to our office for any of the following: Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. 1460), Sec. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. 338, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. L. No. Sec. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. 1, eff. 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. 408 (H.B. (21-a) "Nonresidential use" means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling. September 1, 2017. Whether or not the individual ceased further activity is up for debate. if (document.images) { 2019), Sec. (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. 2019), Sec. 2, eff. In an announcement on Thursday . 2019), Sec. If required by law or otherwise necessary, the director may obtain an inspection search warrant. 12, eff. September 1, 2017. (b) The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale: (1) for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or. (29) "Standards code" means the Texas Manufactured Housing Standards Code. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 If they submit the application after 60 days, there will be a late fee charged up to $100. 28, 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. The department shall disclose on its Internet website the date of each tax lien filing, the original amount of the tax lien claimed by each filing, and the fact that the amount shown does not include additional sums, including interest, penalties, and attorney's fees. If you have questions pertaining to commercial procedures/transactions, please visit: An estimate of the current year tax amount, A receipt for the advance payment of estimated current year taxes, A Statement From Tax Assessor-Collector (Form 1076). Section 5401 et seq.) Acts 2005, 79th Leg., Ch. Sec. (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. 3.03, eff. 2, eff. Sec. LICENSE REQUIRED. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. 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. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Sec. You should also check for delinquencies with the local tax office(s). Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. (c) A rule takes effect on the 30th day after the date of publication of notice that the rule has been adopted, except that a rule relating to installation standards may not take effect earlier than the 60th day after the date of publication of notice unless the board has determined that an earlier effective date is required to meet an emergency and the standard was adopted under the emergency rulemaking provisions of Chapter 2001, Government Code. 1201.251. Added by Acts 2001, 77th Leg., ch. Finding the perfect mobile home doors is a combination of design and personal style. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. Acts 2013, 83rd Leg., R.S., Ch. (a) A retailer or salesperson may not: (1) assist a consumer in preparing or providing false or misleading information on a document related to the purchase or financing of a manufactured home; or. (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. STATE INSPECTORS. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. Copyright 2023, Thomson Reuters. 13, eff. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2) the plumbing, heating, and electrical systems are in safe working order; (A) free from a substantial opening that was not designed; and. window.status = msgStr; 2238), Sec. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. (B) other information required by this chapter. 863 (H.B. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. 1460), Sec. Sec. 2238), Sec. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. Box 12489, Austin, Texas 78711. (5) Subchapter E, Chapter 17, Business & Commerce Code. Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as provided by Chapter 2001, Government Code. 863 (H.B. 863 (H.B. 2019), Sec. The period for the performance of any required warranty work may be shortened by the director as much as is feasible if the warranty work is believed necessary to address a possible imminent threat to health or safety. 338, Sec. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. 408 (H.B. Amended by Acts 2003, 78th Leg., ch. 1421, Sec. 14A.258(a), eff. 1201.060. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 2, eff. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. 2438), Sec. 408 (H.B. (c) On receipt of a notice of intent to declare a manufactured home abandoned, the record owner of the home, a lienholder, a tax assessor-collector for a taxing unit that imposes ad valorem taxes on the real property on which the home is located, or an intervening owner of a lien or equitable interest may enter the real property on which the home is located to remove the home. The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. (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. 2019), Sec. Added by Acts 2001, 77th Leg., ch. 1201.501. (1) directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) or who is out of business; and. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. 55, eff. Added by Acts 2001, 77th Leg., ch. 1201.607. The TDHCA will review the initial Statement of Ownership application. September 1, 2009. 1201.551. 1460), Sec. 1201.061. 1460), Sec. 1201.2075. 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. (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. DISCLOSURE BY RETAILER AND LENDER. (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. June 1, 2003. The fee for a single is $35, doublewide is $70, and triple wide is $105. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. REPORT TO CHIEF APPRAISER. 1421, Sec. 1201.006. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. June 1, 2003. 20, eff. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. 34, eff. If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department. (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. Acts 2011, 82nd Leg., R.S., Ch. 3361), Sec. Obtain a expertly-drafted, state-specific template within minutes. 2238), Sec. January 1, 2008. 408 (H.B. 1201.054. 1201.217. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. (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. ownership interest in the development, except for a tax credit . (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. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. 3361), Sec. 1284 (H.B. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C.
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