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. If the person fails to complete such course successfully and in a timely manner, the person's license is automatically suspended until the person successfully completes the course. 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. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. 2238), Sec. January 1, 2008. 56, eff. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. 2238), Sec. (h) An order revoking the license of a retailer, broker, installer, or salesperson may provide that the person is prohibited, without obtaining prior written consent of the director, from being a related person of a licensee. Acts 2017, 85th Leg., R.S., Ch. DENIAL OF LICENSE; DISCIPLINARY ACTION. regardless of whether the applicant has elected to treat the manufactured home as 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. 863 (H.B. Section 5401 et seq. 85(5), eff. September 1, 2013. Sec. June 18, 2005. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. Sec. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. 1421, Sec. 1201.153. Section 5401 et seq. Sec. 2019), Sec. September 1, 2017. Next . 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 46 (H.B. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. Search Texas Statutes. 863 (H.B. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. 2438), Sec. (b)The land on which a manufactured home is located qualifies as a residence homestead A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. Sec. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. Sec. Our new location is: George H.W. (b) On application, the municipality shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot, and rental community or park. 1421, Sec. September 1, 2017. Added by Acts 2001, 77th Leg., ch. (a-1) For the period immediately following June 30 of each year, the department shall, except for applications relating to new manufactured homes and applications accompanied by a tax certificate, cease issuing statements of ownership until all tax liens filed with the department before June 30 have been processed and either recorded or rejected. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. 408 (H.B. Sec. License Holder Name [Help] Associate First Name. The fee for a single is $35, doublewide is $70, and triple wide is $105. 1460), Sec. Acts 2005, 79th Leg., Ch. September 1, 2013. (2) 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. DISCLAIMER OF IMPLIED WARRANTY. 1460), Sec. September 1, 2017. Sept. 1, 2003. Sec. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. Click here to access an Open Records Request form. 3361), Sec. June 1, 2003. . H. OUSING AND . (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. January 1, 2008. 408 (H.B. January 1, 2008. 863 (H.B. January 1, 2008. 1276, Sec. (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. (2) be of the type, size, and format required by the director. ADVERTISEMENT AS OFFER. Sec. 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. SUBCHAPTER B. 2, eff. Sec. A civil action filed under this subsection shall be filed in district court in Travis County. 408 (H.B. Sec. Sec. (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. DISCLOSURE BY RETAILER AND LENDER. 1079 (H.B. Contact Mobile Homes. 1460), Sec. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. January 1, 2008. Acts 2009, 81st Leg., R.S., Ch. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. Sec. 67, eff. September 1, 2017. September 1, 2017. If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. Acts 2007, 80th Leg., R.S., Ch. She holds a B.A. Sec. First, contact the Texas Department of Housing and Community Affairs - Manufactured Housing Division at 800-500-7074 or 512-475-2200 and explain your exact situation. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. 863 (H.B. (c) The renewal license expires on the second anniversary of the date the license was renewed. "; (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. Acts 2009, 81st Leg., R.S., Ch. 1201.6041. 1460), Sec. January 1, 2008. Sec. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. January 1, 2008. 73(a)(5), eff. (B) a lien on a manufactured home created by the constitution or a statute. 2238), Sec. Added by Acts 2001, 77th Leg., ch. Step 3: Check exemptions that apply to you. 1460), Sec. Sec. June 1, 2003. (f-1) A retailer may not be licensed to operate more than one location under a single license. 2, eff. 1460), Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. (2) each lienholder gives written consent, to be placed on file with the department. (2) the existence of all tax liens on that home for which notice has been filed with the department. 1201.353. Acts 2005, 79th Leg., Ch. September 1, 2011. Sec. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. 1201.219. 1284 (H.B. If there are no changes and you send the original COA or affidavit to the TDHCA, there are no required fees. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. 1460), Sec. 863 (H.B. The TDHCA requires an inspection and lien search to prove there are no liens on the property. 1460), Sec. The notice must include the address where the home is currently located. 1, eff. 15, eff. The department may place on probation a person whose license is suspended. 2019), Sec. Sec. 1201.501. 25, eff. 2, eff. The application fee is currently $55, which should be submitted directly to the TDCHA. 1510), Sec. June 18, 2003. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting 408 (H.B. 16, eff. Acts 2011, 82nd Leg., R.S., Ch. 13, eff. 408 (H.B. 863 (H.B. In our commitment to open government, we invite open records requests in writing. The instruction under this subsection is in addition to the instruction required under Subsection (a). 863 (H.B. 1421, Sec. An owner may elect to treat a manufactured home as real property only if the home is attached to: (1) real property that is owned by the owner of the home; or. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. If a homeowner finds an error on a Statement of Ownership, they can inform the agency by: To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. September 1, 2009. You can use a generic bill of sale form or create it by hand. (e) The board shall adopt rules relating to course content and approval. 1201.051. Acts 2017, 85th Leg., R.S., Ch. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 2238), Sec. 338, Sec. January 1, 2008. 21, eff. 77 (H.B. Section 5414; and. Acts 2007, 80th Leg., R.S., Ch. 1201.509. 338, Sec. September 1, 2013. Sec. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. 6, eff. 1201.209. 1201.216. Acts 2017, 85th Leg., R.S., Ch. Sell Lease . 1201.351. 1201.208. Married couple will be the only owners and agree that the . 408 (H.B. 1276, Sec. Sec. 408 (H.B. 863 (H.B. 1421, Sec. Added by Acts 2003, 78th Leg., ch. (b) If a bond is filed, the bond must be issued by a company authorized to do business in this state and must conform to applicable provisions of the Insurance Code. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. 14, eff. Acts 2007, 80th Leg., R.S., Ch. 1201.203. 42, eff. 338, Sec. 4, eff. 1201.210. June 1, 2003. } (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. The TDHCA will review the initial Statement of Ownership application. (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. (2) the date the act or omission is discovered or should reasonably have been discovered. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 2238), Sec. 1460), Sec. 408 (H.B. September 1, 2017. 8, eff. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 85(1), eff. (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. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205; and (B) other information required by this chapter. They also found a . The mobile home's physical location changes. The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). 1201.217. 338, Sec. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. Acts 2017, 85th Leg., R.S., Ch. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. (d) A person may not act as an installer in this state unless the person holds an installer's license. 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. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. 20, 21, eff. DIRECT CONSUMER COMPENSATION. 1201.104. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. Amended by Acts 2003, 78th Leg., ch. Sec. How to Locate Mobile Home Titles in Texas. 16, eff. The appellant shall be provided at least three days' notice of the time and place of the hearing. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. 1201.107. The period needed to complete an examination under this subsection may not be used to satisfy the minimum education requirements under Subsection (a), (a-2), (a-3), or (a-4). September 1, 2017. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. If there is an existing lien on the new manufactured home perfected with the department, the owner of the lien is entitled to recover the value of the lien from the retailer. 1421, Sec. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. 23, eff. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205; and. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. September 1, 2017. 1079 (H.B. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. September 1, 2011. 3.06, eff. 1201.006. 1460), Sec. June 18, 2003; Acts 2003, 78th Leg., ch. Added by Acts 2001, 77th Leg., ch. 1460), Sec. Sec. (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.
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