texas department of manufactured housing statement of ownership

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. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. 408 (H.B. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. 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. 1, eff. Fax: 517-241-0130. 2019), Sec. June 1, 2003. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. . 1201.214. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. Sec. 19, eff. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. (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. 2019), Sec. STATEMENT OF OWNERSHIP FORM. September 1, 2011. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. } 1201.354. Added by Acts 2001, 77th Leg., ch. September 1, 2017. ), 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. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. 6, eff. The TDHCA requires a copy of the title commitment or policy. 338, Sec. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. Any license under this chapter is valid for two years. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 3.05, eff. 863 (H.B. 3.08, eff. (e) The applicant shall pay the cost of a criminal history check under this section. The board shall issue an order after receiving a proposal for decision. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. 20, eff. 60, eff. 52, eff. 1201.115. ELECTRONIC PUBLIC RECORDS REQUIRED. Added by Acts 2001, 77th Leg., ch. 63, eff. 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. Acts 2017, 85th Leg., R.S., Ch. (b) As a part of the application, the purchaser or transferee must certify to the receipt of a written notice that the home is not or may not be habitable. Manufactured Housing Division - Online Statement of Ownership Application System. The fee for a single is $35, doublewide is $70, and triple wide is $105. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. January 1, 2008. 1421, Sec. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. June 18, 2005. 31, eff. September 1, 2011. (d) After consideration of the comments, if any, the director shall issue a final determination. January 1, 2008. 1276, Sec. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. (a) The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order of the department an administrative penalty in an amount not to exceed $10,000 for each violation of this chapter and: (b) The director may assess against a licensee who fails to provide information to a consumer as required by this chapter an administrative penalty in an amount not to exceed: (2) $2,000 for the second violation; and. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. 27, eff. 4, eff. 1421, Sec. June 18, 2005. 4, eff. 863 (H.B. You should also check for delinquencies with the local tax office(s). When the ownership of a home changed, an application for title transfer had to be submitted to the Manufactured Housing Division (Department), and a new title would be issued. The appellant shall be provided at least three days' notice of the time and place of the hearing. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. These forms are copywrited. September 1, 2017. 1201.6041. The members of the committee shall have no personal liability for providing this advice. Complete and attach the Inventory Schedule including the information for each sale during the . 1201.460. License Holder Name [Help] Associate First Name. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home. September 1, 2017. Sec. 1284 (H.B. Sec. PROBATION. (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. (2) "Affiliate" means a person who is under common control. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 33, eff. 2019), Sec. 12, eff. 1079 (H.B. Sec. 1421, Sec. A civil action filed under this subsection shall be filed in district court in Travis County. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. View Ownership Records : No Prior Ownership Record - Pending Application with RAI Issued: . POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. 1201.103. Sept. 1, 2003. 408 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 863 (H.B. 31, eff. (3) approving a standard proposed by a local governmental unit under Section 1201.252. 1284 (H.B. 37, eff. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. 55, eff. Acts 2007, 80th Leg., R.S., Ch. (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. (c) No test shall be given in relation to any continuing education program. 2019), Sec. Sept. 1, 2003. Sec. (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. Acts 2005, 79th Leg., Ch. 1276, Sec. September 1, 2017. } Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. A. 338, Sec. (2) the county in which the violation occurs. An act that is prohibited by this subsection is deemed to be a practice that constitutes an imminent threat to health or safety and is subject to the imposition of penalties and other sanctions provided for by this chapter. Section 1201.003 of the Texas Occupations Code January 1, 2008. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. 408 (H.B. January 1, 2008. Police were called to a home undergoing extensive renovations where the new owner reported building supplies, namely flooring, appeared to be missing around 11 a.m. Feb. 27. Unauthorized use is prohibited, and usage may be subject to security testing and monitoring. Amended by Acts 2003, 78th Leg., ch. 1, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. 2019), 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. Beginning September 1, 2003, a document of title is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. September 1, 2013. The bond or other security is payable to the manufactured homeowner consumer claims program. 1460), Sec. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. 408 (H.B. 14A.261(a), eff. 1460), Sec. 1201.401. Sec. Manufactured Homeowners' Recovery Trust Fund. June 18, 2003. 1460), Sec. Manufactured Housing has moved! January 1, 2008. (g) If, after judicial review, the penalty is reduced or not assessed, the director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. Sec. (c) Notwithstanding any other provision of this section or any other law, the filing of a lien security agreement on the inventory of a retailer does not prevent a buyer in the ordinary course of business, as defined by Section 1.201, Business & Commerce Code, from acquiring good and marketable title free of that lien, and the department may not consider that lien for the purpose of title issuance. Sending a fax to 512-475-1109. A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant. 1421, Sec. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. Acts 2007, 80th Leg., R.S., Ch.

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