Frequently Asked Questions:
Statement of Ownership

Effective September 1, 2003, all outstanding documents of title are considered to be Statements of Ownership. All mobile or manufactured home Statement of Ownership in the State of Texas are issued by the Manufactured Housing Division headquarters in Austin. Though you may come to our office in person, it is not necessary and does not speed up the application processing time. For our mailing or physical address and other contact information please visit our “Contact Us” web page.

This will depend partly on the method of delivery of the application to our office and the method you choose to have the Statement returned to you. If your application is complete, regular processing takes up to 15 business days. If the application is incomplete, a Request for Additional Information (RAI) will be mailed to the appropriate party, resulting in delays and longer processing times.

No. Only a licensed installer may install, relevel, or modify any component of the manufactured home's foundation.

Prior to June 2003, manufactured homeownership was evidenced by a Certificate of Title. When the ownership of a home changed, an application for title transfer had to be submitted to the Manufactured Housing Division (Department), and a new title would be issued. When a home became real property or was declared for business use or salvaged, the title was cancelled, and the tracking of the ownership of the home by the Department ceased.

After June 2003, the Certificate of Title was replaced with the Statement of Ownership and Location (SOL) and that was replaced with the Statement of Ownership. The Statement of Ownership is what confirms ownership and liens recorded with the Department.

You must apply to the Department for it within 60 days from the date of any sale or relocation of the home. This is very important because ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed Application for Statement of Ownership is filed with the department. If you purchase your home from a licensed retailer, they may assist you in completing the necessary forms, and they must provide all necessary information, supporting documents, and fees to our department. If you acquire a home from someone other than a retailer, you may obtain the necessary forms from our website or by calling 1-800-500-7074. To determine what you will need to submit with your Statement of Ownership application, please read Applying for a Statement of Ownership (PDF).

By default, all manufactured homes are personal property unless elected otherwise on a completed Application for Statement of Ownership accompanied by the applicable fees and recorded with the County Clerk.

Read our Fee Schedule (PDF) and Applying for a Statement of Ownership (PDF).

Any time there is a change in any of the following:

1. owner name(s),
2. physical location of the home,
3. lien information,
4. elected treatment of the home (real/personal property), or
5. use (residential/non-residential).

First, read Applying for a Statement of Ownership (PDF) to determine what forms and fees are required. In addition to the required forms and fees, evidence of ownership (i.e. bill of sale, purchase agreement, contract, receipts, deed records, etc.) to support the application will be required. The application will be reviewed, and if the Department finds the evidence to be insufficient, you will be notified as to what will be required to complete the application. Once your application is deemed complete, it will be processed and a Statement of Ownership will be issued.

Additionally, if the person who sold you the home was a retailer, you may file a complaint with the Department by completing the Consumer Complaint Form. This may enable the Department staff to assist you and to take action to prevent further undocumented sales by that retailer.

First, you cannot elect real property status for your home unless it is attached to land that you own or land that you are leasing under a qualifying LONG-TERM lease.

Long-Term Lease: For the purpose of determining whether or not the owner of a manufactured home may elect to treat the home as real property, is a lease on land to which the manufactured home has been attached and which: (A) has been approved by each lienholder for the manufactured home by placing on file with the department written consent to have the home treated as real property; or (B) is for at least five years if the home is not financed.

Next, if there are any liens on your home (such as a consumer loan lien), the liens will need to be discharged or the lien holders will have to give written consent. The only exception to this requirement is where the transaction is being handled through a title company that is insuring against existing liens, such as the situation where you are converting from personal property to real property and paying off your consumer loan by refinancing with a mortgage loan. In that case, a copy of the title commitment or policy is required.

Third, you must complete an Application for Statement of Ownership and submit it with all documentation and fees.

The Department will issue your Statement of Ownership, and until a certified copy is recorded in the real property records of the county shown on the Statement of Ownership, the conversion to real property status is not complete. If you are making the conversion to real property status on your own (not going through a lender, title company, or attorney), contact the county clerk to find out their procedures, requirements, and fees for recording this document

Just apply for a new Statement of Ownership, indicating on the application that the real/personal property election is being changed to personal property. An inspection will be required as well as a lien search or proof of no liens from a title company. You will also need to notify your county tax assessor of the change so that they can alter the way that they assess and administer property taxes on the home.

Before you can sell the home, you must obtain a revised Statement of Ownership which indicates that the home is no longer reserved for business use only. Read Applying for a Statement of Ownership (PDF) for detailed instructions. We will need to inspect it to be sure it is habitable before it is changed back to residential use.

That depends. If you sell more than one manufactured home in a twelve month period, you must be licensed as a retailer; and a licensed retailer may not sell a home that is not habitable to a consumer unless it is sold for business use only or non-residential use.

A sale by an exempt consumer is not covered by the Texas Manufactured Housing Standards Act. However, if the home is moved, the new installation is subject to inspection; and at the inspection the habitability condition will be cited if observed.

Also, if the home is not habitable, even if the sale is exempt from our jurisdiction, you may be committing a practice that will give rise to liability. We do not recommend selling a home that is not habitable unless the matter is fully disclosed.

First, the person or company that moves the home must contact the Texas Department of Motor Vehicles (DMV) (https://www.txdmv.gov/) to obtain any required permit, a copy of which must be submitted with your application for a new Statement of Ownership. Next, you will need to apply for a new Statement of Ownership, showing the new location. Also, any lien holders will need to be discharged (paid off) or give their written consent to the move.

No.

No, notarization is not required on a release of lien.

If an applicant for Statement of Ownership had the home moved when they bought the home, we must have a copy of the moving permit. If the move took place too long ago or if the home was moved without a permit, the applicant could, in lieu of a moving permit, provide a “Tax Certificate” issued by the county where the home used to be installed showing no taxes due. If taxes are due, they will have to be paid.

If a consumer purchases a home from a licensed retailer and finds that the retailer moved the home without a permit or that there are taxes owed on the home at its previous location, the consumer may file a complaint with the Department within two years from the date of purchase. If so, the retailer may be required to pay the taxes owed.

Titles and Certificates of Attachment are no longer produced. Today the Statement of Ownership is evidence of ownership and liens. To apply for a Statement of Ownership to replace a missing title or Certificate of Attachment, please read Applying for a Statement of Ownership (PDF) for a complete list of documents and fees required.

A Texas Seal is a metal plate with a number that is used to identify a manufactured home that does not have a HUD Label. State law requires that a manufactured home have either a HUD Label or a Texas Seal attached to it BEFORE any sale or exchange (or any negotiations for such) of the home to a consumer.

Texas law states that as of September 1, 2003, all titles became Statements of Ownership, so the title should be acceptable. However, if the County will not accept the title, you may submit a written request to the Department for a Statement of Ownership at no charge, as long as the original title is surrendered and there are no changes to any of the information on the title. If the original title has been lost or if any of the information on the title has changed, a completed Application for Statement of Ownership and applicable fees will be required.

Yes. For instructions on how to submit your request, please read Applying for a Statement of Ownership (PDF) or you may print a copy online by going to https://mhweb.tdhca.state.tx.us/mhweb/title_view.jsp, entering the HUD label/or serial number, select record found then print Statement of Ownership Certificate option at the top of screen.

First, you must contact the appropriate county office in the county where your home is located to find out what their requirements are and whether or not you will need to apply for a revised Statement of Ownership (for a change in real/personal property election, ownership, location, etc.). Once you know exactly what type of Statement of Ownership you need to apply for, you may read Applying for a Statement of Ownership (PDF) on our website or contact us to determine what documents and fees you will need to submit to apply for that Statement of Ownership.

If it documents a repossession, yes because it documents the transfer from the borrower who defaulted to the lienholder.

If the Form B is to release a lien in conjunction with a sale there is no fee. If the Form B is to release a lien of the ownership for clear title there is a fee.

You may, but you must obtain a permit from the Texas Department of Motor Vehicles (DMV) to do so. For permit information, you may visit the DMV website at https://www.txdmv.gov or call 1-800-299-1700. You will need a copy of your DMV permit in order to apply for a new Statement of Ownership showing a new location.

The counties along the Gulf Coast are designated as Wind Zone II counties because they often experience very strong winds, especially when a hurricane makes landfall. Therefore the homes that are installed in those counties must be built and installed to withstand these higher winds. To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet Wind Zone II standards. Wind Zone II homes and homes built prior to September 1, 1997, may be installed in a Wind Zone I or II county without restriction. Wind Zone I homes may not be installed in those counties designated as Wind Zone II. The counties designated as Wind Zone II are Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio and Willacy.

Title 42 United States Code 3282.12 (42 USC 3282.12) states that the term includes "Any structure that meets the definition of manufactured home at 24 CFR 3282.7(u)" but "is excluded from the coverage of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 et seq.," and for which the manufacturer issues a certification that states the following:

"The manufacturer of this structure, Name _______; Address ______ (location where structure was manufactured) certifies that this structure (Ser. No. ______) is not a manufactured home subject to the provisions of the National Manufactured Housing Construction and Safety Standards Act and is-

(1) designed only for erection or installation on a site-built permanent foundation,

(2) not designed to be moved once so erected or installed,

(3) designed and manufactured to comply with ________ (Here state which code included in paragraph (b)(3) of this section has been followed), and

(4) to the manufacturer's knowledge is not intended to be used other than on a site-built permanent foundation.

To make this determination, you will need to answer a few questions (this link opens a new window).

If you find an error on a Statement of Ownership, please inform our office in one of 4 ways:

• By email at [email protected]
• By mail (TDHCA, P.O. Box 12489, Austin, TX 78711)
• By fax at 512-475-1109
• By phone at 1-800-500-7074

We will need the following information:

• The identification numbers of the home (HUD Label, Texas seal, and/or serial numbers)
• Exactly what needs to be corrected.

We will review the application that was submitted, and if it is determined that the error was made by the applicant, a completed Application for Statement of Ownership and the $55 fee will be required to issue a corrected Statement of Ownership. Otherwise, a copy of the corrected Statement of Ownership will be mailed to you at no charge.

Under Section 1201.206(a) of the Occupations Code at the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed.

Under Section 1201.201(3) of the Occupations Code a "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien.

If a retailer is also licensed as an installer and includes the installation with the sale of a used home the retailer is responsible for the two-year installation warranty.

Pursuant to Section 1201.003(32) a “Used manufactured home” means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or (B) a manufactured home that: (i) was sold as a new manufactured home and installed but never occupied; (ii) had a statement of ownership; and (iii) was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction.

The responsible installer of a new manufactured home is responsible for the proper preparation of the site where the manufactured home will be installed.

A consumer acquiring a used manufactured home to be installed is responsible for the proper preparation of the site where the manufactured home will be installed except as set forth in Title 10, Section 80.22 of the Texas Administrative Code (relating to Generic Standards for Moisture and Ground Vapor Controls).

The following Texas counties have a 12 inch frost line depth to consider for the installation of a new manufactured home: Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Foard, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, King, Knox, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler, and Wilbarger.

Pursuant to Title 10, Section 80.21(a) of the Texas Administrative Code, for a new home to be installed in a Frost Line Zone county, footings placed in freezing climates must be designed using methods and practices that prevent the effects of frost heave by one of the following methods:

(A) Conventional footings. Conventional footings must be placed below the frost line depth for the site unless an insulated foundation or monolithic slab is used (refer to 24 CFR 3285.312(b)(2) and 24 CFR 3285.312(b)(3)).

(B) This is not subject to the provisions in 24 CFR 3285.2(c) that also require review by the manufacturer and approval by its DAPIA for any variations to the manufacturer's installation instructions for support and anchoring.

(C) Monolithic slab systems. A monolithic slab is permitted above the frost line when all relevant site-specific conditions, including soil characteristics, site preparation, ventilation, and insulative properties of the under floor enclosure, are considered and anchorage requirements are accommodated as set out in 24 CFR 3285.401. The monolithic slab system must be designed by a registered professional engineer or registered architect: (i) In accordance with acceptable engineering practice to prevent the effects of frost heave; or (ii) In accordance with SEI/ASCE 32-01 as defined in 24 CFR 3285.4.

(D) Insulated foundations. An insulated foundation is permitted above the frost line, when all relevant site-specific conditions, including soil characteristics, site preparation, ventilation, and insulative properties of the under floor enclosure, are considered, and the foundation is designed by a registered professional engineer or registered architect: (i) In accordance with acceptable engineering practice to prevent the effects of frost heave; or (ii) In accordance with SEI/ASCE 32-01 as defined in 24 CFR 3285.4.

For all installations, the installer shall give the manufactured homeowner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. The warranty for the installation of a new HUD-code manufactured home is to be given by the retailer, who is responsible for installation. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty.

The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person’s warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation.

For all installations, the installer shall give the manufactured homeowner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements.

The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person’s warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation.

Section 1201.352 of the Occupations Code states:

(a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that:

1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and

(2) appliances and equipment included with the sale of the home and installed by the retailer are or will be:

(A) installed in accordance with the instructions or specifications of the manufacturers of the appliances or equipment; and (B) free from defects in materials or workmanship. The warranty may expressly disclaim or limit any warranty regarding cosmetic defects.

(b) The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later of the date of initial installation of the home at the consumer's homesite or the closing of the consumer’s purchase or acquisition of the home.

(c) Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of: (1) the manufacturer's warranty; (2) the retailer's warranty; (3) the warranties given by the manufacturers of appliances or equipment included with the home; and (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request.

(d) Not later than the 30th day after the installation of a new HUD-code manufactured home, the retailer shall deliver to the consumer a copy of the warranty given by the licensed installer.

Under Section 1201.351 of the Occupations Code

(a) the manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.); and (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects.

(b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer’s purchase or acquisition of an already installed new home, whichever is later.

(c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (1) the manufacturer's warranty; and (2) the warranties given by the manufacturers of appliances or equipment installed in the home.

Under Section 1201.455(a) of the Occupations Code it states that a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement.

Under Section 1201.453 of the Occupations Code manufactured housing is habitable only if:

(1) there is no defect or deterioration in or damage to the home that creates a dangerous situation;

(2) the plumbing, heating, and electrical systems are in safe working order;

(3) the walls, floor, and roof are: (A) free from a substantial opening that was not designed; and (B) structurally sound; and

(4) all exterior doors and windows are in place and operate properly.