Sec. 1201.204. MANUFACTURER'S CERTIFICATE. (a) A manufacturer's certificate must show:
(1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and
(2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership.
(b) At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds.
(c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. If an application for an initial statement of ownership is made without the required manufacturer's certificate and the retailer does not provide it as required, the department shall, on or before the issuance of the requested statement of ownership, send written notice to each party currently reflected on the department's records as having a recorded lien on the inventory of that retailer with respect to that home. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 13, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 25, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 7, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 26, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle C - Regulation of Certain Types of Housing and Buildings
Chapter 1201 - Manufactured Housing
Subchapter E. Manufactured Home Statements of Ownership
Section 1201.202. Application of Chapter to Certain Certificates of Title or Liens
Section 1201.203. Forms; Rules
Section 1201.204. Manufacturer's Certificate
Section 1201.205. Statement of Ownership Form
Section 1201.2055. Election by Owner
Section 1201.206. Application for Issuance of Statement of Ownership
Section 1201.207. Issuance of Statement of Ownership
Section 1201.2071. Exemption for Certain Emergency Housing
Section 1201.2075. Conversion From Personal Property to Real Property
Section 1201.2076. Conversion From Real Property to Personal Property
Section 1201.208. Payment of Taxes Required for Issuance of Statement of Ownership
Section 1201.212. Transfer of Ownership by Operation of Law
Section 1201.213. Eligibility to Sign Right of Survivorship Agreement
Section 1201.214. Document of Title; Certificate of Attachment
Section 1201.216. Change in Use
Section 1201.217. Manufactured Home Abandoned
Section 1201.219. Perfection, Effect, and Release of Liens
Section 1201.220. Report to Chief Appraiser
Section 1201.221. Information on Ownership and Tax Lien
Section 1201.222. Certain Manufactured Homes Considered Real Property