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Terms Used In Texas Occupations Code 1201.205

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005

A statement of ownership must be evidenced by a board-approved form issued by the department setting forth:
(1) the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner;
(2) the manufacturer’s name and address and any model designation, if available;
(3) in accordance with the board’s rules:
(A) the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and
(B) the approximate square footage of the home when installed for occupancy;
(4) the identification number for each section or module of the home;
(5) the physical address where the home is installed for occupancy, including the name of the county, and, if it is different from the physical address, the mailing address of the owner of the home;
(6) in chronological order of recordation, the date of each lien, other than a tax lien, on the home and the name and address of each lienholder, or, if a lien is not recorded, a statement of that fact;
(7) a statement regarding tax liens as follows:
“On January 1st of each year, a new tax lien comes into existence on a manufactured home in favor of each taxing unit having jurisdiction where the home is actually located on January 1st. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs – Manufactured Housing Division as provided by law. You may check that division’s records through its website or contact that division to learn any recorded tax liens. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year.”;
(8) a statement that if two or more eligible persons, as determined by § 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names;
(9) the location of the home;
(10) a statement of whether the owner has elected to treat the home as real property;
(11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and
(12) any other information the board requires.