1460), Sec. Acts 2013, 83rd Leg., R.S., Ch. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor. (c) If the department issues a statement of ownership to an owner of a manufactured home treated as personal property, the statement of ownership on file with the department is evidence of ownership of the home. Sec. 1079 (H.B. 1135 (H.B. September 1, 2017. When ownership is established, all manufactured homes, house trailers, and mobile homes are issued one certificate of title by the Department of Motor Vehicles (DMV) because they are considered vehicles and not fixed houses. 338, Sec. (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. Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. (c) The holder of the debt instrument is entitled to full indemnity from the retailer or manufacturer for a claim based on an act or omission of the retailer or manufacturer. 338, Sec. 48, eff. 863 (H.B. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. 1, eff. 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. TDHCA Info. 2019), Sec. June 18, 2005. 1201.509. Sending a fax to 512-475-1109. June 1, 2003. 1201.457. 3.14, eff. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. 13. A seal is the property of the department. Acts 2005, 79th Leg., Ch. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. 36, eff. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (2) each lienholder gives written consent, to be placed on file with the department. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 338, Sec. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. home. 408 (H.B. 14A.261(a), eff. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. 1201.152. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. Sept. 1, 2003. (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. If the buyer acquires the home from someone who is not a licensed retailer, they can find the application online or call 800-500-7074 to request one. Finding the perfect mobile home doors is a combination of design and personal style. 1201.153. 2438), Sec. Sec. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. In an announcement on Thursday . The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. ELECTRONIC PUBLIC RECORDS REQUIRED. DENIAL OF LICENSE; DISCIPLINARY ACTION. 2238), Sec. Acts 2005, 79th Leg., Ch. Sec. 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 1201.219. 408 (H.B. 408 (H.B. 46, Sec. 1460), Sec. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. 7, eff. 2019), Sec. Sec. 2019), Sec. (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. Sec. 863 (H.B. (f-1) A retailer may not be licensed to operate more than one location under a single license. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 3.12, eff. If the examination failure rate exceeds 25 percent, the board shall: (1) review the examination and the examination procedures; and. LICENSE EXPIRATION. September 1, 2017. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. 1201.109. (4) all exterior doors and windows are in place and operate properly. 2019), Sec. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. . (b) A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101. 5, eff. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. (b) Not later than the 60th day after the effective date of the transfer of ownership or the date the seller or transferor obtains possession of the necessary and properly executed documents, the seller or transferor shall forward to the purchaser or transferee the necessary, executed documents. 2019), Sec. A salvaged manufactured home may be sold only to a licensed retailer. Box 12489, Austin, Texas 78711. 85(2), eff. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. 2019), Sec. 3, eff. September 1, 2017. 408 (H.B. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. 16, eff. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. January 1, 2008. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . Acts 2007, 80th Leg., R.S., Ch. 2741), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (2) apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if: (A) the same person is the record owner of both the manufactured home and the real property; and. 408 (H.B. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sec. 408 (H.B. Sec. September 1, 2017. 12, eff. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. (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. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. 408 (H.B. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. September 1, 2017. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. You may do so by searching our database on the web, or . 1201.002. 863 (H.B. (2) the expiration of a period not to exceed 150 days. 1276, Sec. 2, eff. 2019), Sec. 57, eff. (b) Notwithstanding the limitations and terms of any warranty, the director may, whenever the department identifies any aspect of an installation that does not conform to applicable requirements, order the licensee who performed the installation to correct it, or, if that licensee is no longer licensed, reassign correction to a licensed installer and reimburse the person from the fund for the costs of correction. (b) A salesperson may not submit to a retailer information known to be false or misleading. They also found a . (6) the reported date of the installation of the home. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. 2019), Sec. (c) The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action. 408 (H.B. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. September 1, 2017. 338, Sec. The TDHCA requires a copy of the title commitment or policy. 2019), Sec. The TDHCA will order an inspection to make sure the home is habitable for residents. (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. Tracking a manufactured home's ownership ceased when it became real property, was used for business or was salvaged. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. 408 (H.B. (d) To maintain affordability of manufactured homes in this state, the board shall: (1) conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and. June 1, 2003. (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. Sec. LIMITATIONS ON CLAIMS. 863 (H.B. 2238), Sec. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. (b) On receipt of a verified complaint, the department shall: (1) notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. By Email: mhtaxes . This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. 2019), Sec. 1201.010. Acts 2005, 79th Leg., Ch. Those numbers identify the mobile home when you look up taxes and liens associated with the property. 34(1), eff. Sec. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. 33, eff. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. Sec. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. 2019), Sec. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. In this Buying a Mobile Home in Texas: Everything You Need to Know, Application for Statement of Ownership and Location (SOL), Manufactured Home Ownership Records database, Questions To Ask When Buying A Used Mobile Home. September 1, 2017. 408 (H.B. Sept. 1, 2003. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. 1079 (H.B. 863 (H.B. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL).

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