When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. (2) "Affiliate" means a person who is under common control. Sec. 1460), Sec. The TDHCA will review the initial Statement of Ownership application. 34(1), eff. A closing date is then decided where the seller will move their possessions out of the home. The department may place on probation a person whose license is suspended. 1201.006. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. 1201.506. CREDIT. 26, eff. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. Once the agency approves the application, it issues the Statement of Ownership. 863 (H.B. Part 1026. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. The fee for a single is $35, doublewide is $70, and triple wide is $105. Those numbers identify the mobile home when you look up taxes and liens associated with the property. September 1, 2017. DIRECT CONSUMER COMPENSATION. Questions or comments, please call 1-800-500-7074. P. O. A seal is the property of the department. 77 (H.B. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. 1460), Sec. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME. 2019), Sec. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. } The instruction under this subsection is in addition to the instruction required under Subsection (a). Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. 338, Sec. Sec. (a) A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is: (1) to or through a licensed retailer; or. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. If there are no changes and you send the original COA or affidavit to the TDHCA, there are no required fees. Acts 2017, 85th Leg., R.S., Ch. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. (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, 2017. Acts 2017, 85th Leg., R.S., Ch. (2) the date the director determines that a claim does not exist against the security. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. 36, eff. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. 1284 (H.B. Acts 2017, 85th Leg., R.S., Ch. 46, Sec. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. 85(5), eff. 19, eff. 10, eff. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. 408 (H.B. Acts 2005, 79th Leg., Ch. (f) This section does not apply if the person who owns the real property on which the manufactured home is located and who is declaring that the home is abandoned, or any person who is related to or affiliated with that person, has now, or has ever owned, an interest in the manufactured home. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. 66, eff. 381 Frontage Road Princeton, WV 24739. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. 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. June 18, 2003. Added by Acts 2001, 77th Leg., ch. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. home; (2)a copy of the sales purchase agreement or other applicable contract or agreement 338, Sec. 2019), Sec. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. January 1, 2008. document.returnValue = true; Sec. They are non-refundable. 1201.2076. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. Added by Acts 2003, 78th Leg., ch. 69, eff. 1201.2071. MANUFACTURER'S CERTIFICATE. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. 408 (H.B. 1284 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 3.14, eff. 3361), Sec. (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. January 1, 2008. 1135 (H.B. ADMINISTRATIVE PENALTY. View License Records. September 1, 2017. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. Attach the mobile home statement of ownership and location or sales contract. Acts 2017, 85th Leg., R.S., Ch. A violation of this subsection is a Class B misdemeanor. 863 (H.B. 863 (H.B. 34(1), eff. (d) A person who holds a real estate broker's or salesperson's license under Chapter 1101 may act as a broker or salesperson under this chapter without holding a license or filing a bond or other security as required by this chapter if negotiations for the sale or exchange of a manufactured home are conducted for a consumer for whom the person is also acting as a real estate broker or salesperson under Chapter 1101 consistent with Section 1201.007. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. 2238), Sec. 56, eff. You should also check for delinquencies with the local tax office(s). Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 1460), Sec. SUBCHAPTER I. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 15, eff. 1201.357. (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. 1201.512. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. 1), Sec. Acts 2017, 85th Leg., R.S., Ch. 8, eff. 1201.2055. INFORMATION ON OWNERSHIP AND TAX LIEN. APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED. 1421, Sec. SALESPERSON. The Forms Professionals Trust! 8, eff. 21, eff. June 18, 2005. June 1, 2003. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power (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. If the applicant made a mistake, they'll need to fill out a new application and pay the $55 fee a second time for a correct statement. Additionally, after selling a mobile home, the SOL application with the required fees must be filed no later than 60 days after the date of a sale to a consumer for residential use. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. 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. 408 (H.B. (b) As a part of the application, the purchaser or transferee must certify to the receipt of a written notice that the home is not or may not be habitable. License Number License Holder Name. September 1, 2017. 408 (H.B. 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. 35, eff. Login ID. This form shows taxes are paid and current. 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. (h) The provisions of this chapter relating to the construction or installation of a manufactured home or to warranties for a manufactured home apply to a home regardless of whether the home is considered to be real or personal property. 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. Section 5414; and. They also found a . 1421, Sec. (d) If the manufactured home remains on the real property for at least 45 days after the date the notice is postmarked: (1) all liens on the home are extinguished; and. 25, eff. 85(5), eff. Jan. 1, 2004. of Housing and Community Affairs to verify an applicant's ownership of a manufactured September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. June 18, 2005. Venue for the suit is in Travis County. (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. (a-1) For the period immediately following June 30 of each year, the department shall, except for applications relating to new manufactured homes and applications accompanied by a tax certificate, cease issuing statements of ownership until all tax liens filed with the department before June 30 have been processed and either recorded or rejected. 38, eff. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. The department may not charge a fee for the inspection. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. 15(3), eff. (b) If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director shall hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views. September 1, 2017. 863 (H.B. 1201.058. (e) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee. Added by Acts 2007, 80th Leg., R.S., Ch. 1201.107. Added by Acts 2001, 77th Leg., ch. Sec. 1460), Sec. 2741), Sec. Sec. 1284 (H.B. Sec. HEARING ON STANDARD OR REQUIREMENT. 8(1), eff. 1201.206. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder. (B) the sale or lease occurs in a single real estate transaction. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. (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. Sec. 8(1), eff. (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. 1421, Sec. 1460), Sec. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. (d) The course of instruction must be offered at least quarterly. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). (b) If a bond is filed, the bond must be issued by a company authorized to do business in this state and must conform to applicable provisions of the Insurance Code. 863 (H.B. January 1, 2008. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. June 18, 2003. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. September 1, 2009. January 1, 2008. 4 (S.B. 14A.254(b), eff. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. 408 (H.B. (3) shall comply with all applicable provisions of the Finance Code. 77, Sec. TRANSPORTATION OF MANUFACTURED HOUSING. ELECTRONIC PUBLIC RECORDS REQUIRED. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sec. 408 (H.B. 54, eff. 3, eff. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. Sec. (B) other information required by this chapter. June 18, 2003. 2019), Sec. September 1, 2017. (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. If for any reason the seller or transferor does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. Sec. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. (a-2) An applicant for a retailer's license must complete four hours of specialized instruction relevant to the sale and exchange of manufactured homes. Acts 2009, 81st Leg., R.S., Ch. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. 12, eff. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 863 (H.B. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. // LiaJavaInput Houston, Texas 77210-2109. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. Added by Acts 2001, 77th Leg., ch. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. June 1, 2003. January 1, 2008. (2) payment of any use tax owed to the state. 3361), 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. 1, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 863 (H.B. 1079 (H.B. (2) any generic installation standards promulgated by rule shall first be reviewed by an advisory committee established by the board comprised of representatives of manufacturers, installers, and manufacturers of stabilization systems or devices, including one or more licensed engineers.
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