Texas Occupations Code 1201.2076 – Conversion From Real Property to Personal Property
(a) The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and:
(1) each lien, including a tax lien, on the home is released by the lienholder; or
(2) each lienholder, including a taxing unit, gives written consent, to be placed on file with the department.
(a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. The department remains subject to the other requirements of Subsection (a).
Terms Used In Texas Occupations Code 1201.2076
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer’s title opinion to determine that any liens on real property have been released.