texas department of manufactured housing statement of ownership

408 (H.B. Description - Texas Statement of Ownership and Location. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. (C) does not include a recreational vehicle as defined by 24 C.F.R. 2019), Sec. September 28, 2011. Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement. 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. 1201.507. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) If a person charged with the violation accepts the determination of the director, the director shall issue an order approving the determination and ordering that the person pay the recommended penalty. Acts 2017, 85th Leg., R.S., Ch. Keep in mind there may be additional closing forms required. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. 1284 (H.B. (B) the sale or lease occurs in a single real estate transaction. 1201.609. Sec. 70, eff. 1276, Sec. If the installer fails to perform the corrective action, the installer shall be subject to the provisions of Section 1201.357. Section 5401 et seq. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. (c) The renewal license expires on the second anniversary of the date the license was renewed. 1079 (H.B. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. September 1, 2017. 12, eff. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. Amended by Acts 2003, 78th Leg., ch. (c) A person who is eligible for an exemption under this section remains subject to the other applicable provisions of this subchapter regarding the sale of manufactured homes. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. Amended by Acts 2003, 78th Leg., ch. (2) provide contractually in the sales transaction that the identified bond applies to the sale. Acts 2011, 82nd Leg., 1st C.S., Ch. PROHIBITED RETENTION OF DEPOSIT. 2, eff. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. June 18, 2005. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is for a nonresidential use other than a business use. 1201.352. Acts 2017, 85th Leg., R.S., Ch. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. 1201.602. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. January 1, 2008. September 1, 2017. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. 3.14, eff. 2438), Sec. September 1, 2011. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. CHAPTER 2. Acts 2013, 83rd Leg., R.S., Ch. SECURITY: DURATION. 408 (H.B. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. Amended by Acts 2003, 78th Leg., ch. (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. 85(5), eff. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. Acts 2007, 80th Leg., R.S., Ch. } (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 77 (H.B. June 18, 2003. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. (B) the name in which the statement of ownership should be issued. Amended by Acts 2003, 78th Leg., ch. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 863 (H.B. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. 85(1), eff. Manufactured Home Property Tax Services. The department may suspend or revoke the license of a retailer who fails to satisfy a perfected inventory lien. (11) "Director" means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs. The person's provisional status remains in effect until a sufficient number of installations completed by the person have been inspected by the department and found not to have any identified material violations of the department's rules. (3) another state may prohibit installation of the home in a Wind Zone II or III area. 1276, Sec. Sec. (3) $4,000 for each subsequent violation. 2238), Sec. 408 (H.B. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. Sec. 863 (H.B. A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite. Acts 2005, 79th Leg., Ch. Sec. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. 1510), Sec. 60, eff. 1, eff. If a retailer sells the home, but does not help the buyer or provide them with the documents they need to file for Statement of Ownership, the buyer can file a complaint with the TDHCA using its Consumer Complaint form. Added by Acts 2007, 80th Leg., R.S., Ch. Section 3282.8(g). 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. (c) A retailer, broker, or salesperson or a person acting on behalf of a retailer or broker may not receive or accept compensation or consideration of any kind from the seller of the real property or a person acting on the seller's behalf. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. January 1, 2008. (b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. 1201.212. 2238), Sec. Acts 2017, 85th Leg., R.S., Ch. 29, eff. A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. (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. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. (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 2007, 80th Leg., R.S., Ch. 2019), Sec. 49, eff. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). Added by Acts 2001, 77th Leg., ch. 14A.254(a), eff. September 1, 2017. 863 (H.B. September 1, 2017. (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. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 2238), Sec. (d) A civil action to enjoin a violation of this section may be brought by: (1) a purchaser in the county in which the violation occurs; or. 1510), Sec. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. 408 (H.B. (2) the name of the person to whom title to the home will be transferred under this section is the same name that is listed in the real property or tax records indicating the current ownership of the real property. Acts 2017, 85th Leg., R.S., Ch. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. The department shall place on the application for the issuance of a statement of ownership the following legend in a clear and conspicuous manner: "THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT OF OWNERSHIP LATER THAN SIXTY (60) DAYS AFTER THE DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE OF UP TO ONE HUNDRED DOLLARS ($100.00). 1201.553. Sept. 1, 2003. regardless of whether the applicant has elected to treat the manufactured home as September 1, 2017. approved by the secretary of housing and urban development. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. June 18, 2005. 1, eff. 408 (H.B. 3.10, eff. 1460), Sec. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. 62, eff. 1201.356. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. September 1, 2017. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and. 1079 (H.B. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. Acts 2017, 85th Leg., R.S., Ch. Statement of Ownership Application Instructions (PDF) . Amended by Acts 2003, 78th Leg., ch. June 18, 2003; Acts 2003, 78th Leg., ch. 408 (H.B. (g) Notwithstanding Subsection (f), an owner of real property on which a manufactured home has been abandoned may apply for a new statement of ownership with respect to a home that was previously declared abandoned and then resold and abandoned again. 2238), Sec. (2) the expiration of a period not to exceed 150 days. Acts 2017, 85th Leg., R.S., Ch. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. Austin, Texas, 78744. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. Acts 2007, 80th Leg., R.S., Ch. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. Sending a fax to 512-475-1109. 1460), Sec. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 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. ), 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. 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. HEARING ON STANDARD OR REQUIREMENT. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. 9, eff. 6, eff. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. 1201.301. 1079 (H.B. September 1, 2011. (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. Application . Sec. 408 (H.B. June 18, 2003. 863 (H.B. 1201.504. 18, eff. // function that displays status bar message 1201.454. (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. The TDHCA requires a copy of the title commitment or policy. Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 2438), 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 . If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. Acts 2011, 82nd Leg., R.S., Ch. 338, Sec. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. (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. Acts 2011, 82nd Leg., 1st C.S., Ch.

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