Transactions and policies regarding Texas mobile homes are regulated by the Texas Department of Housing and Community Affairs (TDHCA), through its Manufactured Housing Division (the “Division”). The Division administers the Texas Manufactured Housing Standards Act, which ensures that manufactured homes, or mobile homes, are safe and well-constructed, that consumers are provided fair and effective remedies, and that records of ownership and property status are properly maintained. (Tex. Occ. Code, Chapter 1201).
Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a “Statement of Ownership.” When applying for a Statement of Ownership, buyers must determine what supporting documents they may need:
(1) Application for Statement of Ownership on the Department’s prescribed current form;
(2) The required fee;
(3) If applicable, copies of documentation establishing the creation and existence of any lien, other than a tax lien, for which the Department does not have the owner’s consent, and an affidavit of fact explaining the circumstances of the lien;
(4) Supporting documentation if one or more existing liens are to be released, assigned, or foreclosed;
(5) Supporting documentation of lienholder consent to change in ownership if there is no change in lien; and
(6) When a manufactured home is to be designated for use as a dwelling and/or personal property after the home has been designated for business use, salvage, or as real property, evidence of a satisfactory habitability inspection by the Department.
Once the application is approved, TDHCA will issue a Statement of Ownership and mail one copy to the owner and one copy to the lienholder.
If a Homeowner Wants to Change a Mobile Home to Real Property
Mobile homes are considered personal property. If a new owner wishes to change their mobile home from personal to real property, they must attach the mobile home to land they own or lease; they must receive written consent from the lien holder; and they must put this consent on file with TDHCA. However, if a title company has handled the transaction, then TDHCA requires a copy of the title commitment. Once this is done, the homeowner must submit the Application for Statement of Ownership with all supporting documents and fees, wait for TDHCA to approve and issue the Statement, and finally, record the Statement with the county clerk’s office. (See Manufactured Housing Standards Act, Sec. 1201. 2075)
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