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Acts 2017, 85th Leg., R.S., Ch. RETAILER AS WAREHOUSE. Sec. Sept. 1, 2003. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 2019), Sec. June 18, 2005. Sec. 17, eff. September 1, 2017. 1421, Sec. September 1, 2017. 14A.257(b), eff. 14, eff. The buyer must bring their payment. 1201.454. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. 49, eff. (a) Application Requirements. The instruction under this subsection is in addition to the instruction required under Subsection (a). (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. 338, Sec. 2019), Sec. September 1, 2017. In our commitment to open government, we invite open records requests in writing. (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. 46, Sec. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. Added by Acts 2001, 77th Leg., ch. (f-1) A retailer may not be licensed to operate more than one location under a single license. January 1, 2008. 2438), Sec. September 1, 2009. (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. (a) The board shall adopt standards and requirements for: (1) the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and. 1460), Sec. September 1, 2017. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 3361), Sec. June 18, 2003. 338, Sec. 863 (H.B. 408 (H.B. 1421, 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. 2019), Sec. (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. (2) money stated to be a down payment in an executed retail sales contract. JUDICIAL REVIEW. (3) continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation. 1201.214. . If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home. 1079 (H.B. June 1, 2003. INSPECTIONS NOT LIMITED; CORRECTIONS. DENIAL OF LICENSE; DISCIPLINARY ACTION. September 1, 2017. Sec. 1201.103. The application must include all the following documents as a part of this form. January 1, 2008. 2019), Sec. License data was last updated on 03/03/2023. 1284 (H.B. (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation. Added by Acts 2007, 80th Leg., R.S., Ch. (b) A federally insured financial institution or lender approved or authorized by the United States Department of Housing and Urban Development as a mortgagee with direct endorsement underwriting authority that fully complies with federal Truth in Lending disclosures concerning the terms of a manufactured housing transaction is exempt from the disclosure provisions of this section. Sec. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. function dm(msgStr) { 2019), Sec. } 1284 (H.B. 38, eff. September 1, 2017. 408 (H.B. SALESPERSON. 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). 1284 (H.B. As long as the landlord is providing habitable housing, the tenant must pay rent. 1201.407. Sec. Acts 2017, 85th Leg., R.S., Ch. (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. 408 (H.B. 2, eff. If the installer fails to perform the corrective action, the installer shall be subject to the provisions of Section 1201.357. APPLICATION FOR ISSUANCE OF STATEMENT OF OWNERSHIP. Amended by Acts 2003, 78th Leg., ch. If the department rejects an application, the department shall provide a clear and complete explanation of the reason for the rejection and instructions on how to cure any defects, if possible. 863 (H.B. 1201.205. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. Sec. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. 2, eff. 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 (d) If an owner elects to treat a manufactured home as real property, the department shall issue to the owner a copy of the statement of ownership that on its face reflects that the owner has elected to treat the manufactured home as real property at the location listed on the statement. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. 28, eff. 2438), Sec. (3) disputes responsibility concerning the warranty obligation. 2019), Sec. She holds a B.A. 10, eff. If there are no changes and you send the original COA or affidavit to the TDHCA, there are no required fees. 1201.005. 1460), Sec. The Louisiana Manufactured Housing Association (LMHA) is a nonprofit trade association formed in 1966 to preserve and promote the manufacutured and modular housing industry in the State of Louisiana. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. 408 (H.B. 51. Sec. 1421, Sec. The TDHCA requires an inspection and lien search to prove there are no liens on the property. January 1, 2008. 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. 863 (H.B. An incomplete application can also delay processing. (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. 408 (H.B. Added by Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. (d) The following are exempt from the application of this section: (1) a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection; and. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. 1460), Sec. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. 56, eff. INSPECTION OF LICENSEE RECORDS. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department. (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 2019), Sec. 408 (H.B. 1201.607. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. This form shows taxes are paid and current. Those numbers identify the mobile home when you look up taxes and liens associated with the property. SECURITY REQUIRED. (6) the reported date of the installation of the home. You may check that division's records through its website or contact that division to learn any recorded tax liens. June 18, 2003. QUALIFICATIONS FOR LICENSE. September 1, 2009. 16, eff. If the seller files the SOL form after 60 days, they can face a fee of up to $100. Sec. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. Added by Acts 2003, 78th Leg., ch. September 1, 2017. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. 1201.201. (c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to: (1) comply with a written or implied warranty; or. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. (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. (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. (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. September 1, 2017. (e) A person may not repair, rebuild, or otherwise refurbish a salvaged manufactured home unless the person complies with the rules of the director relating to rebuilding a salvaged manufactured home. 338, Sec. (a) A local governmental unit of this state may not adopt a standard for the construction or installation of manufactured housing in the local governmental unit that is different from a standard adopted by the board unless, after a hearing, the board expressly approves the proposed standard. Contact Mobile Homes. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. (25) "Rules" means the rules of the department. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. 1201.604. 863 (H.B. The department shall place on the application for the issuance of a statement of ownership the following legend in a clear and conspicuous manner: "THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT OF OWNERSHIP LATER THAN SIXTY (60) DAYS AFTER THE DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE OF UP TO ONE HUNDRED DOLLARS ($100.00). Once you have completed the form listing the requested information, you may mail it to: 863 (H.B. January 1, 2008. 408 (H.B. 1460), Sec. CONSUMER COMPLAINT HOME INSPECTION. 863 (H.B. (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. The instruction under this subsection is in addition to the instruction required under Subsection (a). (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. Since 2003, the State of Texas no longer issues Titles and Certificates of Attachment. 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. Acts 2007, 80th Leg., R.S., Ch. 338, Sec. Acts 2005, 79th Leg., Ch. Sec. September 1, 2011. 13, eff. 46 (H.B. June 18, 2005. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. Acts 2007, 80th Leg., R.S., Ch. The Statement provides, among other things: . Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. Sec. 7, eff. 3613), Sec. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. 338, Sec. 2238), Sec. (2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person. ), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. All other counties are in Wind Zone I. 2019), Sec. June 1, 2003. Sec. September 28, 2011. 1460), Sec. 14A.258(a), eff. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. Sort By. (1) a deposit held in escrow in a real estate transaction; or. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use.