Buying or selling a mobile home in Texas involves more than just exchanging money and signing a piece of paper. Many buyers and sellers run into legal trouble because they fail to check ownership records, liens, or follow the correct process for transferring ownership. This guide covers who regulates mobile homes in Texas, what to check before purchasing one, and how to properly sell a mobile home without complications.
Who Regulates Mobile Homes in Texas?
The Texas Department of Housing and Community Affairs (TDHCA), through its Manufactured Housing Division, is the primary regulator of mobile homes, also known as manufactured homes. The agency maintains:
- Ownership Records – Information about current and past owners.
- Lien Records – Details about outstanding loans or debts tied to the home.
- Classification Records – Whether the home is personal property (movable) or real property (permanently attached to land).
Before purchasing a mobile home, visit the TDHCA website to check ownership and lien history. This step is crucial because mobile homes often have hidden financial obligations that could become the buyer’s responsibility.
What to Check Before Buying a Mobile Home
Before finalizing a purchase, buyers should:
- Verify Ownership – Ensure the seller is the legal owner by checking the TDHCA database.
- Check for Liens – Confirm that no unpaid debts or taxes are attached to the home.
- Locate the Data Plate – Every mobile home has a data plate with identifying information, typically found:
- Inside a kitchen cabinet
- In a bedroom closet
- Near the electrical panel
- If the data plate is missing or altered, this could indicate ownership or title fraud.
- Obtain a Tax Clearance Statement – The county tax assessor’s office must confirm that all personal property taxes on the home are paid.
Failing to check these details could lead to costly legal battles or financial liabilities for the buyer.
How to Sell a Mobile Home in Texas
As of 2003, mobile homes in Texas no longer have traditional titles. Instead, ownership is transferred using a Statement of Ownership, which must be filed with the Manufactured Housing Division of TDHCA.
Steps to Sell a Mobile Home:
- Verify Ownership and Liens – The seller should check TDHCA records to ensure they have the legal right to sell the home.
- Prepare a Bill of Sale – This document is not legally required but serves as proof of the transaction.
- File a Statement of Ownership Application – This application, which costs $55, officially transfers ownership through TDHCA.
- Provide a Tax Clearance Certificate – The county tax assessor must confirm that no personal property taxes are due.
- Get a Moving Permit (If Applicable) – If the home will be relocated, a Department of Motor Vehicles (DMV) permit is required to legally transport it.
Failure to follow these steps can delay or invalidate the sale, leading to potential legal issues for both parties.
Conclusion
Buying or selling a mobile home in Texas requires careful research and adherence to state regulations. The Texas Department of Housing and Community Affairs (TDHCA) maintains ownership and lien records, making it essential to verify property details before completing a transaction. By checking ownership, ensuring all liens are cleared, and correctly filing a Statement of Ownership, buyers and sellers can avoid common pitfalls and legal disputes.
If you’re considering buying or selling a mobile home, consulting a Texas real estate attorney can help ensure a smooth and legally compliant transaction.
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