(b) A violation of this section does not create a cause of action or claim for damages for a consumer. ); and. 15(2), eff. 17, eff. (e) Notwithstanding any other provision of this chapter, if the consumer purchases a used manufactured home from a retailer in the ordinary course of business, the consumer takes the manufactured home free and clear of any liens created by the selling retailer even if they are recorded. September 1, 2017. (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. Acts 2017, 85th Leg., R.S., Ch. 20, eff. (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. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. 10, eff. September 1, 2009. 408 (H.B. June 18, 2003. Sec. 408 (H.B. 2019), Sec. 20, eff. June 18, 2003. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2008. (a) A retailer or salesperson may not: (1) assist a consumer in preparing or providing false or misleading information on a document related to the purchase or financing of a manufactured home; or. 1201.457. 1079 (H.B. After June 2003, the TDHCA replaced the Certificate of Title with a Statement of Ownership and Location (SOL), which eventually became known as a Statement of Ownership. 1284 (H.B. 338, 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. 1201.054. 49, eff. 60, eff. 863 (H.B. If they submit the application after 60 days, there will be a late fee charged up to $100. 408 (H.B. 2019), 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. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 2, eff. 2019), Sec. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. 1201.156. 46 (H.B. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. 1460), Sec. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME. Acts 2007, 80th Leg., R.S., Ch. (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. September 1, 2011. Amended by Acts 2003, 78th Leg., ch. Added by Acts 2001, 77th Leg., ch. 40, eff. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. 1510), Sec. Attach a copy of document of statement of ownership and location issued by the Texas Department of Housing and Community Affairs if home is 8' by 40' or . 2, eff. 77 (H.B. Acts 2007, 80th Leg., R.S., Ch. The warranty must conspicuously disclose that notice requirement to the consumer. (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. 1201.554. September 1, 2017. 2, eff. September 1, 2017. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. H. OUSING . Sec. September 1, 2017. (C)the applicant could not locate the seller after making a good faith effort. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. September 1, 2017. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 48, eff. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. TDHCA MHD FORM 1023 Form Page 1 of 2 Figure: 10 TAC 80.209(a) Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. function dm(msgStr) { Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. 1460), Sec. 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. 408 (H.B. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. Sec. 408 (H.B. 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. 2019), Sec. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. Site Search: Manufactured Housing Report Options. 1460), Sec. 3, eff. 23, eff. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. 1201.115. September 1, 2017. 1460), Sec. (c) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). PROCEDURE FOR ADOPTING RULES. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2011, 82nd Leg., R.S., Ch. MANUFACTURED HOUSING. Because of its regulatory nature, it is governed by its own board and executive director. (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. 6, eff. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. (B) the sale or lease occurs in a single real estate transaction. January 1, 2008. 1510), Sec. Acts 2005, 79th Leg., Ch. June 18, 2003. (a) The director may employ state inspectors to: (1) carry out the functions the department is required to perform under this chapter; (3) enforce the rules adopted and orders issued under this chapter. September 1, 2017. 408 (H.B. LICENSE EXPIRATION. Attach the mobile home statement of ownership and location or sales contract. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. June 1, 2003. // LiaJavaInput (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. 408 (H.B. 74.07, eff. Manufactured Housing Division. Sec. 7, eff. June 1, 2003. Click here to access an Open Records Request form. 408 (H.B. 47, eff. 1201.155. 1276, Sec. (a) The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and: (1) each lien, including a tax lien, on the home is released by the lienholder; or. and. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . Married couple will be the only owners and agree that the . (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. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Fax: 517-241-0130. September 1, 2017. is listed on the tax rolls with the real property to which it is attached or listed PROHIBITED RETENTION OF DEPOSIT. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. 2438), Sec. (b) A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home. 2019), Sec. January 1, 2008. (a) Except as provided by Subsection (a-1), for a manufactured home to qualify as 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 housing division of the Texas . June 18, 2005. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. Sec. 2, eff. 1201.501. Added by Acts 2007, 80th Leg., R.S., Ch. 13, eff. Acts 2009, 81st Leg., R.S., Ch. 408 (H.B. 1460), Sec. SEAL PROPERTY OF DEPARTMENT. Added by Acts 2003, 78th Leg., ch. 1201.151. January 1, 2008. June 18, 2005. 1201.221. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). 408 (H.B. 5, eff. September 1, 2017. (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. 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. Sec. September 1, 2017. (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. 27, eff. for ownership and tax lien information before March 1982. 1201.006. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. Sec. (c) The bond or other security is open to successive claims up to the face value of the bond or other security.