texas department of manufactured housing statement of ownership

June 1, 2003. January 1, 2008. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. Sec. 15, eff. 14, eff. Section 5401 et seq. 863 (H.B. 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. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. 12, eff. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. 1421, Sec. The department may place on probation a person whose license is suspended. Laredo Texas Statement of Ownership and Location Take advantage of our comprehensive internet form library to make sure you always are able to get up-to-date samples that are completely ready for downloading, preparing, and signing. 2238), Sec. Part 1026. September 1, 2013. 1421, Sec. September 1, 2017. 1460), Sec. The mobile home's physical location changes. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. How do I get a replacement title for a mobile home in Texas? 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. 85(3), eff. (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). 1284 (H.B. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. DOWN PAYMENT. 863 (H.B. Keep in mind there may be additional closing forms required. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed. 863 (H.B. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. 863 (H.B. 2019), Sec. Acts 2009, 81st Leg., R.S., Ch. 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. January 1, 2008. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. Obtain a expertly-drafted, state-specific template within minutes. The instruction under this subsection is in addition to the instruction required under Subsection (a). Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. Added by Acts 2007, 80th Leg., R.S., Ch. June 18, 2003. 863 (H.B. (a) if the appraisal district verifies the applicant's ownership under this subsection. 1510), Sec. 408 (H.B. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. } 1460), Sec. (1) a deposit held in escrow in a real estate transaction; or. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. 01/16/18 . Sec. 2019), Sec. 1460), Sec. 1201.101. 10, eff. Once the agency deems the application complete, it issues the Statement of Ownership. (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. September 1, 2011. June 1, 2003. June 1, 2003. 1201.062. ), 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. Added by Acts 2001, 77th Leg., ch. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. Amended by Acts 2003, 78th Leg., ch. 3.04, eff. 2, eff. 1421, Sec. approved by the secretary of housing and urban development. 85(1), eff. Acts 2013, 83rd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1270 (H.B. (3) shall comply with all applicable provisions of the Finance Code. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. 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. 63, eff. June 18, 2005. September 1, 2011. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. (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. 408 (H.B. 1201.302. 2, eff. (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. 22, eff. (e) A deposit becomes a down payment upon execution of a sales purchase contract. 2238), Sec. 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. (2) submit to a credit underwriter or lending institution information known to be false or misleading. January 1, 2008. NOTICE OF LICENSE EXPIRATION. (d) A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that: (1) the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area; (2) installation of the home is not permitted in a Wind Zone II county in this state; and. (6) the reported date of the installation of the home. 1201.601. (a) A manufacturer may not sell or exchange, or offer to sell or exchange, a manufactured home to a person in this state who is not a licensed retailer. September 1, 2017. 1510), Sec. 1201.454. PROHIBITED REAL ESTATE TRANSACTION. 2, eff. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. 1201.610. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or. 863 (H.B. Once you have completed the form listing the requested information, you may mail it to: January 1, 2008. 2019), Sec. Application for Statement of Ownership. (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. 2, eff. September 1, 2017. If the changes are not properly recorded with the Appraisal District, sellers may find themselves being sued for taxes incurred after they sold the home and buyers may be faced with unexpected tax bills for prior years omitted from the tax roll or that had invalid exemptions. (C) does not include a recreational vehicle as defined by 24 C.F.R. 40, eff. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. 1201.004. (B) any other location the holder or servicer knows or believes, after a reasonable inquiry, to be an address where the owner may have been or is receiving mail or is an address of record; (2) such notification shall be given by certified mail; and. 1460), Sec.