863 (H.B. 1201.460. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. The term does not include educational material or material required by law. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. June 1, 2003. September 1, 2009. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. 1460), Sec. (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. June 18, 2003. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. 338, Sec. (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. 863 (H.B. 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. 1201.107. 1201.156. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. Sec. Acts 2009, 81st Leg., R.S., Ch. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. Acts 2007, 80th Leg., R.S., Ch. (a) The board shall approve continuing education programs for licensees under this chapter. Sec. Acts 2017, 85th Leg., R.S., Ch. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 24, eff. 3.04, eff. Sec. September 1, 2019. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 2019), 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. 2019), Sec. January 1, 2008. (g) The department may request that a tax collector confirm that no tax suit has been timely filed on any manufactured home tax lien more than four years in delinquency. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. (9) "Control" means, with respect to another person, the possession of the power, directly or indirectly, to vote an interest of 25 percent or more. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Acts 2005, 79th Leg., Ch. 2, eff. 1201.1031. (b) The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of the home. Sec. Acts 2017, 85th Leg., R.S., Ch. 85(1), eff. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. 1079 (H.B. Acts 2017, 85th Leg., R.S., Ch. 100 E. Weatherford Street. January 1, 2008. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 27, eff. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. 18, eff. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . Sec. document.returnValue = false; 408 (H.B. September 1, 2017. You should also check for delinquencies with the local tax office(s). FORMALDEHYDE HEALTH NOTICE. 1201.251. Acts 2005, 79th Leg., Ch. Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2238), Sec. 1201.161. DISCLOSURE BY RETAILER AND LENDER. The mobile home changes its treatment, as from real to personal property and vice versa. 2019), Sec. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. (d) The director may impose an administrative penalty in accordance with this section. September 1, 2017. 408 (H.B. (3) shall comply with all applicable provisions of the Finance Code. A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite. Acts 2017, 85th Leg., R.S., Ch. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 Internet Address: APPLICATION FOR STATEMENT OF OWNERSHIP The filing of an application for the issuance of a Statement of Ownership later than . You can use a generic bill of sale form or create it by hand. PERFECTION, EFFECT, AND RELEASE OF LIENS. In the event that you sell or transfer ownership of a home, the SOL must be . Sec. Added by Acts 2003, 78th Leg., ch. 863 (H.B. 2019), Sec. MM/DD/YYYY. 2, eff. Sec. 338, Sec. (e) A tax lien perfected with the department may be released only by: (1) filing with the department a tax certificate or tax paid receipt in accordance with Section 32.015, Tax Code; (2) filing a request for the release with the department on the form provided by the department; (3) following the department's procedures for electronic tax lien release on the department's Internet website; (4) a tax collector filing a tax lien release with the department as provided by Subsection (f); or. ); and. Processing takes about 15 business days, but the applicant can pay an additional $55 service fee to process it within five business days from receipt. 1079 (H.B. 3, eff. 2, eff. (b) The director may issue an order to any person to cease and desist from violating any law, rule, or written agreement or to take corrective action with respect to any such violations if the violations in any way are related to the sale, financing, or installation of a manufactured home or the providing of goods or services in connection with the sale, financing, or installation of a manufactured home unless the matter that is the basis of such violation is expressly subject to inspection and regulation by another state agency; provided, however, that if any matter involves a law that is subject to any other administration or interpretation by another agency, the director shall consult with the person in charge of the day-to-day administration of that agency before issuing an order. Added by Acts 2003, 78th Leg., ch. (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. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. June 18, 2005. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. Sec. September 1, 2013. The warranty must conspicuously disclose that notice requirement to the consumer. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 31, eff. Acts 2009, 81st Leg., R.S., Ch. 1201.605. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. 408 (H.B. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 2019), Sec. Sec. Amended by Acts 2003, 78th Leg., ch. 1201.302. January 1, 2008. January 1, 2008. 14, eff. Section 1026.23. (2) "Affiliate" means a person who is under common control. 863 (H.B. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. 338, Sec. (31) 2438), Sec. 1201.407. (2) money stated to be a down payment in an executed retail sales contract. (5) Subchapter E, Chapter 17, Business & Commerce Code. 32, eff. June 18, 2003. (4) all exterior doors and windows are in place and operate properly. 1421, Sec. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. Beginning September 1, 2003, a certificate of attachment is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. INSTALLER'S WARRANTY. STATE INSPECTORS. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. (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. September 1, 2009. (2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered delinquent. (B) a lien on a manufactured home created by the constitution or a statute. 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. June 18, 2005. 4, eff. 1284 (H.B. (f) A person whose license has been expired for one year or more may not renew the license. The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation. Sec. 863 (H.B. 34, eff. September 1, 2017. January 1, 2008. 18, eff. (b) The department shall refuse to issue a license to or renew the license of a person who does not comply with the requirement of Subsection (a). 863 (H.B. 863 (H.B. Added by Acts 2001, 77th Leg., ch. 1510), Sec. 1510), Sec. M. ANUFACTURED . June 1, 2003. 1460), Sec. 14A.252(a), eff. January 1, 2008. Sec. 2019), Sec. June 1, 2003. 863 (H.B. (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. 530 (S.B. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and. (c) A person who is eligible for an exemption under this section remains subject to the other applicable provisions of this subchapter regarding the sale of manufactured homes. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). (C) the use of the property is changed as described by Section 1201.216. 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. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. 46 (H.B. (2) adopt rules intended to maintain the historical passage rate for the examination. Acts 2011, 82nd Leg., R.S., Ch. The serial number, VIN, seal number, and label number are all included on the SOL. 3361), Sec. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. 2019), Sec. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. 863 (H.B. 863 (H.B. 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. 863 (H.B. Sec. Added by Acts 2001, 77th Leg., ch. 15, eff. on the tax rolls separately. January 1, 2008. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. 85(2), eff. (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. 1460), Sec. (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. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. The department may not charge a fee for the inspection. 2, eff. 2, eff. A second or subsequent conviction for an offense under this section is a Class A misdemeanor. 408 (H.B. January 1, 2008. (a) Application Requirements. Amended by Acts 2003, 78th Leg., ch. 1421, Sec. Sec. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. Amended by Acts 2003, 78th Leg., ch. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; 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. USED OR SALVAGED MANUFACTURED HOMES. Sec. In our commitment to open government, we invite open records requests in writing. (b) At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document. 1421, Sec. Sec. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. (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. 31, eff. Sec. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. Sec. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . September 1, 2009. 85(5), eff. 1460), Sec. 2019), Sec. 1201.553. June 1, 2003. 1460), Sec. 1079 (H.B. 5, eff. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. (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. 2019), Sec. 863 (H.B. 30, eff. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. . 1421, Sec. January 1, 2008. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. Next . 19, eff. } September 1, 2011.

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