texas department of manufactured housing statement of ownership texas department of manufactured housing statement of ownership

2019), Sec. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. 63, eff. 1201.606. Sec. 1421, Sec. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. 1201.105. ELECTRONIC MEANS AUTHORIZED. Added by Acts 2001, 77th Leg., ch. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. 1201.253. Acts 2013, 83rd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. January 1, 2008. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. Acts 2005, 79th Leg., Ch. June 1, 2003. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. function dm(msgStr) { (a) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, 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. 11, eff. To replace the title with a personal property Statement of Ownership and Location, you will need to submit an SOL application and the original title document. An offense under this section is a Class B misdemeanor. The mobile home's lien information changes. 1460), Sec. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. (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. Sec. Houston, Texas 77210-2109. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. 33, eff. 1421, Sec. 2438), Sec. September 1, 2017. You can do this by either searching the Manufactured Home Ownership Records database online or calling the Texas Department of Housing and Community Affairs directly. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. Sec. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 863 (H.B. 2019), Sec. (a) if the appraisal district verifies the applicant's ownership under this subsection. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. 338, Sec. June 18, 2005. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. June 1, 2003. 1276, Sec. Added by Acts 2001, 77th Leg., ch. Added by Acts 2003, 78th Leg., ch. 1201.603. Added by Acts 2001, 77th Leg., ch. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. September 28, 2011. 2019), Sec. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. "; (8) a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names; (10) a statement of whether the owner has elected to treat the home as real property; (11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. (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. Sell Lease . If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. PROGRAM MONITORING. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . 408 (H.B. (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. 408 (H.B. 408 (H.B. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. 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. Venue for the suit is in Travis County. ); and. 85(1), eff. Sec. A. FFAIRS. Sec. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. The board, with the advice of the advisory committee to be established under Section 1201.251, shall adopt rules to establish what constitutes a sufficient number of installations under this subsection. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. September 1, 2009. September 1, 2021. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. Our new location is: George H.W. 1421, Sec. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. September 1, 2017. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 1284 (H.B. } 1460), Sec. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. 1510), Sec. 1421, Sec. 408 (H.B. 60, eff. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. 1510), Sec. 46 (H.B. (1) contain the information required by the United States Department of Housing and Urban Development; and. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. Sec. LICENSE REQUIRED. Sec. 1421, Sec. 408 (H.B. (a) A person is eligible to sign a right of survivorship agreement under this subchapter if the person: (1) is married and the spouse of the signing person is the only other party to the agreement; (2) is unmarried and attests to that unmarried status by affidavit; or. There is no additional fee for the release of . 2019), Sec. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. 2, eff. 1201.351. (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. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. June 18, 2003. 2238), Sec. 1201.407. 408 (H.B. (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. 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. 73(a)(3), eff. (b) A request under Subsection (a) must contain: (1) the name of the owner of the home as reflected on the statement of ownership; or. 1460), Sec. September 1, 2011. 1284 (H.B. 1421, Sec. (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. Added by Acts 2001, 77th Leg., ch. (c) A notice of appeal and request for hearing must be filed with the director not later than the 30th day after the date of notice of the director's action. Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. All other counties are in Wind Zone I. Acts 2013, 83rd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. 2, eff. Click here to access an Open Records Request form. 1421, Sec. 1460), Sec. } (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. 338, Sec. (a-1) If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. 408 (H.B. 4, eff. 4 (S.B. June 1, 2003. Sept. 1, 2003. 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. (6) the reported date of the installation of the home. (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. 1421, Sec. 2019), Sec. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized.