(f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. 8, eff. 17, eff. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. An incomplete application can also delay processing. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power June 1, 2003. 16, eff. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. September 1, 2017. 2019), Sec. September 1, 2009. September 1, 2017. to the Texas Department of Housing and Community Affairs during an application cycle that is based on the 2024 qualified allocation plan or a subsequent plan . (2) the real property owner may declare the home abandoned and may apply to the department for a statement of ownership listing the real property owner as the owner of the manufactured home. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. 2, eff. (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and. 7, eff. 2019), Sec. 1201.001. // LiaJavaInput Acts 2007, 80th Leg., R.S., Ch. 1201.509. January 1, 2008. License Status. You are accessing a Texas Department of Housing and Community Affairs information system. June 1, 2003. 2, eff. C. OMMUNITY . 1276, Sec. 5, eff. PAYMENT BY SURETY OR FROM OTHER SECURITY. 1460), Sec. 1201.156. 338, Sec. 14A.257(b), eff. June 18, 2005. function di(id,name){ 48, eff. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. Sec. (c-1) The department may permit the use of any device or procedure that has been reviewed and approved by a licensed engineer provided that such use or procedure complies with any instructions, conditions, or other requirements specified by that engineer. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. Acts 2017, 85th Leg., R.S., Ch. (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. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. 1201.253. (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. September 1, 2009. September 1, 2013. 37, eff. June 18, 2003. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. (12) any other information the board requires. 2019), Sec. September 1, 2017. September 1, 2017. All Rights Reserved. 1460), Sec. (D) perfected and enforceable tax liens not extinguished and canceled in accordance with Section 32.015, Tax Code. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. Section 5401 et seq. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. 1201.551. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. (512) 389-4800. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. Venue for the suit is in Travis County. (C) the use of the property is changed as described by Section 1201.216. 36, eff. 338, Sec. (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). Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** 5, eff. Application . The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. 408 (H.B. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. January 1, 2008. (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. Added by Acts 2001, 77th Leg., ch. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. 26, eff. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. Acts 2005, 79th Leg., Ch. 1510), Sec. You will need a Bill of Sale and a statement from the Tax Assessor-Collector at the local tax collectors office to prove all taxes have been paid on the home. September 1, 2017. (e) The director, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of the violation. 1), Sec. Acts 2017, 85th Leg., R.S., Ch. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. Added by Acts 2001, 77th Leg., ch. (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. Amended by Acts 2003, 78th Leg., ch. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. 3613), Sec. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. D. EPARTMENT OF . September 1, 2017. June 18, 2003. 408 (H.B. 14, eff. 408 (H.B. (g) Repealed by Acts 2007, 80th Leg., R.S., 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. 338, Sec. The owner must apply for this document within 60 days of the sale date or risk incurring a late fee and a delay of the statement's issuance. Our office does not update manufactured home titles. 1201.401. (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. Added by Acts 2013, 83rd Leg., R.S., Ch. Sec. 338, Sec. 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. 4, eff. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 39, eff. 863 (H.B. 408 (H.B. 1460), Sec. September 1, 2017. 408 (H.B. Sec. 47, eff. Acts 2011, 82nd Leg., R.S., Ch. 30, eff. 1079 (H.B. September 1, 2017. 45, eff. Home ownership data was last updated on 03/03/2023. (2) money stated to be a down payment in an executed retail sales contract. The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home. Acts 2009, 81st Leg., R.S., Ch. (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. January 1, 2008. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. 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. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. 1421, Sec. 1201.352. 3.08, eff. Acts 2013, 83rd Leg., R.S., Ch. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. June 18, 2005. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. June 1, 2003. September 1, 2017. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL).
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