texas department of manufactured housing statement of ownership

1460), Sec. 1201.601. 29, eff. 10, eff. September 1, 2009. Acts 2005, 79th Leg., Ch. 2019), Sec. CEASE AND DESIST. Sec. TRANSPORTATION OF MANUFACTURED HOUSING. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. September 1, 2017. (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. Sec. Acts 2007, 80th Leg., R.S., Ch. 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. 85(3), eff. 2, eff. Copyright 2018 Texas Manufactured Housing Association. (2) "Document of title" means a written instrument issued solely by and under the authority of the director before September 1, 2003, that provides the information required by Section 1201.205, as that section existed before that date. Added by Acts 2003, 78th Leg., ch. 1421, Sec. 1201.210. 1201.114. 2019), Sec. An appeal is a contested case governed by Chapter 2001, Government Code. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. (c) Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of: (3) the warranties given by the manufacturers of appliances or equipment included with the home; and. January 1, 2008. ); and. You may do so by searching our database on the web, or . Acts 2017, 85th Leg., R.S., Ch. The use changes, as from residential to nonresidential and vice versa. 2238), Sec. Sec. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. June 1, 2003. January 1, 2008. 1201.409. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service. DEFINITIONS. 410 (S.B. (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. Added by Acts 2001, 77th Leg., ch. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange or negotiate for the sale or exchange of a used manufactured home to a consumer unless the appropriate seal or label is attached to the home. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. (a) The department shall make available in electronic format, or in hard-copy format on request, to each chief appraiser of an appraisal district in this state a monthly report that, for each manufactured home reported as having been installed during the preceding month in the county for which the district was established and for each manufactured home previously installed in the county for which a transfer of ownership was recorded by the issuance of a statement of ownership during the preceding month, lists: (2) the name of the manufacturer of the home, if available; (3) the model designation of the home, if available; (4) the identification number of each section or module of the home; (5) the address or location where the home was reported as installed; and. ); and. (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. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. (2) "Affiliate" means a person who is under common control. 1276, Sec. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. ELECTRONIC PUBLIC RECORDS REQUIRED. Sec. 13, eff. 2019), Sec. The instruction under this subsection is in addition to the instruction required under Subsection (a). 21, 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. (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. 408 (H.B. 1079 (H.B. 408 (H.B. 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. 54, eff. 18, eff. The mobile home's physical location changes. September 1, 2017. 338, Sec. 1201.253. D. EPARTMENT OF . 1201.503. Because of its regulatory nature, MHD has its own board and executive director. 1510), Sec. AMOUNT OF FEES. 863 (H.B. 408 (H.B. 2, eff. 1345 (S.B. Amended by Acts 2003, 78th Leg., ch. 1201.209. (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. (B) are not used as residential dwellings when so designated. There is no additional fee for the release of lien when it is part of a transfer of ownership. January 1, 2008. 1201.1031. 863 (H.B. 2, eff. 863 (H.B. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. (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. (d) A person charged with a penalty who is financially unable to comply with Subsection (c)(2) is entitled to judicial review if the person files with the court, as part of the person's petition for judicial review, a sworn statement that the person is unable to meet the requirements of that subsection. Section 5401 et seq. Added by Acts 2003, 78th Leg., ch. Any certified copies of a Statement of Ownership are free upon request. 6, eff. 2, eff. 13, eff. 53, eff. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. June 1, 2003. (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. 1201.354. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. June 1, 2003. Whether or not the individual ceased further activity is up for debate. 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. or the payment receipt showing that the applicant is the purchaser of the manufactured (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. Acts 2007, 80th Leg., R.S., Ch. 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. She holds a B.A. (3) shall comply with all applicable provisions of the Finance Code. 77 (H.B. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. The department shall disclose on its website the date of each lien filing. Sec. (21-a) "Nonresidential use" means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling. Sec. June 18, 2005. Added by Acts 2017, 85th Leg., R.S., Ch. 2, eff. The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. Added by Acts 2001, 77th Leg., ch. 338, Sec. Section 1601 et seq. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. A salvaged manufactured home may be sold only to a licensed retailer. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. 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. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; (a) The owner of real property on which a manufactured home owned by another is located may declare the home abandoned as provided by this section if: (1) the home has been continuously unoccupied for at least four months; and. Section 5401 et seq.). (2) the name of the person to whom title to the home will be transferred under this section is the same name that is listed in the real property or tax records indicating the current ownership of the real property. 2, eff. 1460), Sec. 30, eff. (B) free from defects in materials or workmanship. 1460), Sec. GENERAL RULEMAKING AUTHORITY. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. Added by Acts 2001, 77th Leg., ch. to the Texas Department of Housing and Community Affairs during an application cycle that is based on the 2024 qualified allocation plan or a subsequent plan . Acts 2005, 79th Leg., Ch. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. 1460), Sec. The buyer must bring their payment. September 1, 2017. Sec. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. REPORT AND ORDER; AMENDMENT; COMPLIANCE. 1284 (H.B. (5) Subchapter E, Chapter 17, Business & Commerce Code. 863 (H.B. 1460), Sec. 1421, Sec.