Section 80.90 - Issuance of Statements of Ownership(a) Application Requirements. In order to be deemed complete, an application for a Statement of Ownership must include, as applicable: (1) A completed and fully executed Application for Statement of Ownership on the Department's prescribed current form;(3) If the statement of ownership is to reflect the recordation of a lien, other than a tax lien, for which the Department does not have the owner's consent, copies of documentation establishing the creation and existence of each such lien, and an affidavit of fact explaining the circumstances of the lien;(4) When one or more existing liens are to be released, assigned, or foreclosed, appropriate supporting documentation;(5) When an application for Statement of Ownership indicates a change in ownership but no change in lien, supporting documentation that clearly establishes that the lien holder consented to that change; and(6) When a manufactured home is to be designated for use as a dwelling after the home has been designated for business use, salvage, or as real property, evidence of a satisfactory habitability inspection by the Department.(b) Right of Survivorship: If a right of survivorship election is made, then the Department will issue a new Statement of Ownership to the surviving person(s) upon receipt of a copy of the death certificate of the deceased person(s), a properly executed application for Statement of Ownership, and the applicable fee.(c) Corrections to Statements of Ownership. (1) If a correction is required as a result of a Department error, it will be corrected at no charge.(2) If a correction is requested because of an error made by a party other than the Department, the correction will not be made until the Department receives the following: (A) A complete corrected application for Statement of Ownership, or(B) Documentation deemed appropriate and approved by the Executive Director, pursuant to §1201.207(c) of the Standards Act.(d) Upon issuance of a Statement of Ownership, the Department will mail one copy to the owner and one copy to the lienholder. If an additional copy is desired for a third party it should be noted on the application with appropriate mailing information.(e) Exchanging a Document of Title or certificate of attachment for a Statement of Ownership: The Department will issue a Statement of Ownership, with no change in status, to replace a title or certificate of attachment at no charge upon receipt of the original title or certificate of attachment and the physical location of the home. If a manufactured home title showed that it was personal property, that will be presumed to be its status until and unless a revised Statement of Ownership is applied for and issued. Likewise, if a manufactured home has had a certificate of attachment issued and had title cancelled to real property, that shall be presumed to be its status until and unless a revised Statement of Ownership is applied for and issued.(f) Updating of Statements of Ownership on Manufactured Homes Transferred as Real Property. (1) When a manufactured home has become real property because the owner completed the conversion process required by the Standards Act, the home may be sold, transferred, or encumbered as real property by the customary means used for real property transactions. As long as the home remains real property at the same location, ownership of the home is confirmed in the same manner as any other real property, rather than by verifying Department records. A new Statement of Ownership does not have to be applied for until and unless:(A) the home is moved from the location specified on the statement of ownership;(B) the current owner of the manufactured home wishes to convert it to personal property status;(C) the use of the property is changed to business use or salvaged; or(D) the manufactured home no longer meets the requirements to be classified as real property (such as the home being on property subject to a long term lease which is not assignable to the buyer or transferee).(2) To convert a manufactured home from real property to personal property, the owner of the home must submit a completed Application for Statement of Ownership to the Department with supporting documentation as follows: (A) If the applicant is not the owner of record with the Department, satisfactory proof of ownership under a complete chain of title. Acceptable evidence would include, but not be limited to, authenticated copies of all intervening transfer documents, a court order confirming ownership, or title insurance policy in such owner's name issued by a title insurance company licensed to do business in Texas.(B) Satisfactory evidence that any liens on the manufactured home have been discharged or that all lienholders have consented to the change.(C) Evidence of either a satisfactory habitability inspection by the Department or an election to convert the status of the home to business use or salvage.(D) For the purposes of subparagraph (B) of this paragraph, 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.(3) To update the ownership on a manufactured home already elected and perfected as real property, and remaining in the same location as real property, the new owner of the home must submit a completed Application for Statement of Ownership to the Department with supporting documentation as follows: (A) If the applicant is not the owner of record with the Department, satisfactory proof of ownership under a complete chain of title. Acceptable evidence would include, but not be limited to, authenticated copies of all intervening transfer documents, a court order confirming ownership, or title insurance policy in such owner's name issued by a title insurance company licensed to do business in Texas.(B) Satisfactory evidence that any liens on the manufactured home have been discharged or that all lienholders have consented to the change.(C) For the purposes of subparagraph (B) of this paragraph, 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.(4) When a home is being converted to real property, a copy stamped "filed" by the county must be submitted to the Department as evidence that the requirements of §1201.2055 of the Standards Act have been satisfied and the real property election has been perfected. This must be done within sixty (60) days from the issuance date reflected on the Statement of Ownership.(g) When a title company or attorney's office fails to complete the conversion of a manufactured home to real property, the holder or servicer of the loan may apply for a statement of ownership electing real property status after-the-fact, providing that evidence of notice to all parties is sent via certified mail and that proof of such efforts is provided along with an affidavit of fact describing such efforts, pursuant to §1201.2055(i)(3) of the Standards Act.(h) Submitting an application for Statement of Ownership pursuant to the abandonment provision in §1201.217 of the Standards Act, should include an affidavit of fact, on the prescribed form, attesting to that all statutory notifications have been made to the appropriate parties, including the tax assessor-collector of the county where the home is located, and evidence that all notification was sent via certified mail.(i) A Priority Handling Service may be offered by the Department for an additional fee of $55, each time an application for statement of ownership is reviewed on a priority basis, whether the application is complete or incomplete. Initial or resubmitted applications submitted with priority handling requested and including the additional fee, will be processed within five working days from the date the application is recognized as received in the Department (applications received after 3:30 p.m. become part of the following day's mail). (1) If the application is received complete, a Statement of Ownership will be issued and mailed within the established time.(2) If the application is received incomplete, a Request for Additional Information will be issued and mailed within the established time.(3) Applications requiring habitability or salvage rebuilding inspections are not eligible for the Priority Handling Service.(j) When it is deemed appropriate by the executive director, an affidavit of fact may be required as additional documentation to accompany a statement of ownership application.10 Tex. Admin. Code § 80.90
The provisions of this §80.90 adopted to be effective March 25, 2012, 37 TexReg 1307; amended by Texas Register, Volume 39, Number 43, October 24, 2014, TexReg 8387, eff. 11/23/2014; amended to be effective May 15, 2016, 41 TexReg 2743; amended by Texas Register, Volume 42, Number 49, December 8, 2017, TexReg 6923, eff. 1/7/2018