manufactured home laws in texasstricklin-king obituaries

/Type /Pages It shall be unlawful for any person to park, place or store any type of mobile home or homes, or any trailer house used for living purposes, with or without wheels, except in compliance with the provisions of the city's zoning ordinance. A credit document may not: (1) contain a power of attorney to confess judgment in this state; (3) provide that the consumer agrees not to assert against a creditor or an assignee of the credit transaction a claim or defense arising out of the sale; or. (c) In making the computation under Subsection (b), the creditor may assume that payments on the credit transaction have been made as originally scheduled, ignoring any difference created by a late or early payment. 17 0 obj They are not for sale. (c) The creditor and consumer may agree to an unlimited number of extensions. %PDF-1.4 endobj Sec. 10), Sec. 14, eff. June 19, 2009. The amount is applied to the rate applicable to the credit transaction. Except as provided by Section 347.004(a), the commissioner may not require the inclusion of any specific language or a disclosure on a credit document that is not expressly required by: (2) a regulation of the Office of the Comptroller of the Currency. General Laws Any Texas city is allowed to decide where mobile homes can be built. (B) a license fee in an amount determined as provided by Section 14.107. 1421, Sec. On a credit transaction a creditor is not liable for an oral statement of an amount owed or for a written statement of an amount owed that is not solicited by a debtor unless the statement: (1) is made with a demand by a creditor that the consumer pay an amount that exceeds the amount authorized by this subtitle; or. /Parent 8 0 R All mobile homes built in Texas must be approved by the TDHCA and the federal Department of Housing and Urban Development (HUD). . 2019), Sec. (a) The owner of the real property on which a manufactured home is or has been located and for which rental charges have not been paid has a possessory lien that is not subject to Section 347.401 to secure rental charges described by Subsection (b) if: (1) the creditor described by Section 347.401 repossesses the manufactured home when the charges have not been paid; and. Sec. (d) to (h) Repealed by Acts 2003, 78th Leg., ch. G OV T C ODE (b) . (d) A consumer and creditor may agree that the purchase of additional insurance under Section 347.204 will be: (1) in accordance with an insurance premium financing agreement made under the Insurance Code; and. The creditor shall disclose in the credit document the amount or method of computing the amount of a charge that is payable if a payment on the credit transaction is late. Sec. For information about licensed retailers in your area, visit Texas Department of Housing and Community Affairs Manufactured Housing Division to search the Manufactured Housing Database. 30, eff. (b) If a creditor and consumer agree on an alternative residential mortgage loan from a program described by Subsection (a), the creditor shall comply with all limitations and requirements, including required disclosures, of the regulating entity that relate to the loan. endobj (a-1) A license issued under this section is valid for the period prescribed by finance commission rule adopted under Section 14.112. endobj the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 . >> Laws In Texas first started as an independent investigative blog about the Financial Crisis and how the Banks and Government are colluding against the citizens and homeowners of the State of Texas, relying upon a system . /Parent 4 0 R (2) on compliance with the agreement becomes the owner of the manufactured home or has the option to become the owner of the manufactured home, for nominal or no additional consideration. (b) On prepayment, after deduction of an acquisition charge that does not exceed $50, the consumer is entitled to a refund credit of the time price differential or interest. Ensure that the exterior grade slopes away from the home to prevent surface runoff from settling under the home. 1248. (2) require that the consumer pay on each installment due date an amount equal to one-twelfth of the reasonable estimate of the tax for the first year. In a credit transaction involving more than one consumer, the creditor is required to give the disclosures required by this chapter to only one of the consumers. 347.101. Otherwise, you risk having the home improperly installed without an enforceable warranty. Since S.B. /Filter /FlateDecode Manufactured homes can be sold as personal property or real property. /Contents [24 0 R 25 0 R 26 0 R] 1248, the legislative history, and the expressed intent that the object sought was to preserve the right to replace homes in the future for all manufactured home communities. << (b) On the consumer's request the creditor shall deliver to the consumer a writing that states the reason for a refusal under Subsection (a). 1248 to reluctantly allow for homes inside manufactured home communities to be replaced, but then are limiting that replacement to only a single, one-time replacement. S.B. DISCLOSURE IF MORE THAN ONE CONSUMER. /Count 1 >> REQUIREMENTS FOR ACTION TO REPOSSESS, FORECLOSE, OR ACCELERATE PAYMENT OF ENTIRE DEBT. The laws of construction also dictate when a general provision in the law conflicts with a local or specific provision elsewhere in the law, then, the special or local provision prevails as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision prevail.. A violation of this subsection is a Class B misdemeanor. (c) The premium of any insurance included in the credit transaction may be included in the unpaid balance of the credit transaction and paid as part of the total of payments regardless of whether the term of the insurance is less than the term of the credit transaction. 2019 Texas Statutes Finance Code Title 4 - Regulation of Interest, Loans, and Financed Transactions Subtitle B - Loans and Financed Transactions Chapter 347 - Manufactured Home Credit Transactions Subchapter I. And any city ordinance exercising the limitation option could have only occurred sometime after January 2008. The relevant law changes from S.B. September 1, 2017. >> 1018 (H.B. 408 (H.B. Sec. Insurance that protects only the interest of the creditor is prohibited and may not be financed as part of a credit transaction. >> /Resources <<>> /Group << 2 0 obj 2.18, eff. /2c591051-c204-4787-8f74-1e8810385dc0 39 0 R Section 1601 et seq.) 347.053. (3) by a company authorized to do business in this state. This article addresses leasing, management, and maintenance issues that arise with mobile homes and mobile home parks. Section 1735f-7a et seq.) 78-3. (b) The statement may be made with or be a part of the credit document. (5) "Manufactured home" has the meaning assigned by Section 1201.003, Occupations Code. 347.352. Once a home is replaced, if that home is removed, it cannot be replaced again. Sec. (b) Only one delinquency charge may be collected on an installment, regardless of the period for which the installment remains in default. September 1, 2017. Therefore, neither of the exceptions for the general provision to trump the special provision applies, and, again, the changes of S.B 1248 control. >> 1008, Sec. Each credit transaction extended to a person who is located in this state at the time the transaction is entered into is subject to this chapter. Section 1601 et seq.) 347.205. << Acts 2017, 85th Leg., R.S., Ch. An act that is prohibited by this subsection is deemed to be a practice that constitutes an imminent threat to health or safety and is subject to the imposition of penalties and other sanctions provided for by this chapter. (a) A consumer may prepay in full the unpaid balance of a credit transaction at any time before maturity. 2019), Sec. 1248. (1) deliver a copy of the writing to the consumer; or. The intent behind the 2008 law was to preserve a manufactured homeowners right to upgrade to a newer house who resided on a private lot within a city. >> If you have questions, call toll free 1-800-927-2891. FEES FOR TRANSACTIONS WITHOUT REAL PROPERTY. Bell County has a Court approved policy for Infrastructure of Manufactured Home Rental Communities in rural areas of the county. All Rights Reserved. 347.505. /MediaBox [0 0 612 792] Nonetheless, some cities are using the 2008 law now in conjunction with the new laws from S.B. Sec. /9b4295b1-4cd6-497b-88f1-1e5e6fa5dcef 43 0 R The law was not intended to, and did not include, a reference to a lot within a manufactured home community. 1248. (a) The amount of a rate adjustment is computed by subtracting the index base or, for a change after the initial change, the index value used for the preceding rate adjustment from the index value on the first day of a month that precedes the 50th day before the date on which the adjustment is to take effect. 1, eff. Amended by Acts 2001, 77th Leg., ch. LEGISLATIVE FINDING. This article provides answers to common questions about colonias in Texas. Sen. Buckingham authored S.B. Sec. SINGLE INTEREST POLICY PROHIBITED. (a) A creditor and consumer may agree to any provision in the credit transaction that is expressly authorized in a program for residential mortgage loans by the United States, including the Office of Thrift Supervision, the Office of the Comptroller of the Currency, or the Department of the Treasury. 347.003. /Type /Pages AMOUNTS THAT MAY BE RECOVERED BY REAL PROPERTY OWNER. Section 101 et seq. (2) mail a copy of the writing to the consumer's address shown on the credit document. GENERAL PROVISIONS Sec. REAL PROPERTY IN CREDIT TRANSACTION. This article explains what you need to know when you buy a manufactured home. 3 0 obj For example - If you own a relatively new mobile home in Texas (Wind Zone 1) and want to move it to North Dakota (Wind Zone 3), it's permitted because the requirements are stricter for Texas than for North Dakota. Usually, the market value is determined by either a . circumstances under which the statute was enacted; common law or former statutory provisions, including laws on the same or similar subjects; consequences of a particular construction; administrative construction of the statute; and. (b) Insurance required under this section may include federal flood coverage. Manufactured homes sold in each zone must meet or exceed these regulations, and you can't always move homes from one zone to another. Pastor identifies mother, student-athlete son killed in Panola County mobile home fire . /Producer (Microsoft) (2) retains as a deposit an amount that exceeds the amount authorized by Subchapter H. Sec. Verify that all windows, faucets, and appliances are in good working order. (a) An act or omission does not violate this chapter if the act or omission conforms to an interpretation of any provision of this chapter that is in effect at the time of the act or omission and that: (1) was made by the commissioner under Section 14.108; or. An amendment to the laws, effective Sept. 1, 2003, changed the definition of an RV so that it must be . 13 0 obj PROVISIONS PROHIBITED IN CREDIT DOCUMENT. 347.210. 867, Sec. >> ADJUSTMENT OF AMOUNTS PAID TO CREDITOR FOR INSURANCE. /Fields [] (a) If insurance is required in connection with a credit transaction, the creditor shall give to the consumer a statement that clearly and conspicuously states that: (1) insurance is required in connection with the transaction; and. This manual usually contains important general maintenance and safety guidelines. 347.302. << /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /Count 1 78-2. 347.051. 2330), Sec. Sec. (2) subject the creditor to liability under any other law, including common law, other than the liability established by this section. /19905ab7-52e3-45ac-9266-5657a3951559 31 0 R Department of Housing and Urban Development. /Type /Page >> Here you will learn the importance of buying from a licensed retailer, using a licensed installer, preparing the land, and inspecting your new manufactured home. Acts 1997, 75th Leg., ch. Projects: Housing Policy Getty Images Manufactured homes, commonly known as mobile homes, are the largest source of unsubsidized affordable housing in the United States. << 347.506. /K false 1248 and are operating contrary to the intent of the Texas legislature. Twenty-two million people live in these units, and in some counties, largely in the South and West, manufactured homes make up more than a third of the housing stock. ACQUISITION AND TRANSFER OF CREDIT TRANSACTION OR BALANCE. (b) If the real property is included in the cash price of a credit transaction, the creditor may: (1) charge a fee that is ordinarily associated with a real property transaction and is not prohibited by law, including a fee that is associated with a real property transaction and excluded from a finance charge under this chapter by the Consumer Credit Protection Act (15 U.S.C. Therefore, the provisions in S.B. Acts 1997, 75th Leg., ch. Oversize loads may only move during daylight hours. The term includes a comaker, endorser, guarantor, surety, or another person who is obligated to repay the extension of credit. 347.502. 1248. 31, eff. It is important that you read and understand all warranties so you know what is and isnt covered. . RIGHTS AND DUTIES OF CREDITOR AND RESIDENTIAL MORTGAGE LOAN ORIGINATOR. (1) the monthly average gross yield to the Federal National Mortgage Association on accepted bids in weekly or biweekly auctions for four-month commitments to purchase FHA-insured or VA-guaranteed home mortgages, as published in the Federal Reserve Bulletin; (2) the monthly average yield on United States Treasury securities adjusted to a constant maturity of five years as published in the Federal Reserve Bulletin; or. << (b) For purposes of this section, a late fee, default charge, or delinquency charge is included as a charge relating to a credit transaction. September 1, 2017. (a) If the amount held by a creditor to pay ad valorem taxes on the manufactured home and the amounts for taxes to be paid to the creditor with installments before the due date of the tax exceed the amount required to pay the tax when it is due, the creditor, at the consumer's option, shall: (2) credit the excess to the payment of the consumer's future tax installments. (c) If the credit transaction is payable for a period that is shorter or longer than a year or is for an amount that is less or greater than $100, the amount of the maximum charge computed under this section is decreased or increased proportionately. In computing the amount that is owed under a credit transaction, the creditor shall grant to the consumer a refund of the finance charge computed under Section 347.155. (a) If a computation under Section 347.104 results in a decrease, the creditor shall decrease the credit transaction's rate. Sec. 1248 is to protect the property rights of manufactured home community owners and their tenants by preventing cities from adopting discriminatory policies aimed at eliminating all or portions of the community's nonconforming use variance. 97, eff. Sec. Sec. /2076706e-4ce6-4da6-a99f-3824feeeb523 27 0 R Examine walls, floors, and ceilings for damage. (B) a lease or bailment described by Section 347.003. GAIN OR ADVANTAGE FROM INSURANCE NOT CHARGE. (3) an index expressly approved by the Office of Thrift Supervision or by the Office of the Comptroller of the Currency, Department of the Treasury, for adjustable or variable interest rates on residential mortgage loans. /Filter /FlateDecode Amended by Acts 1999, 76th Leg., ch. Sec. /Type /Pages and its subsequent amendments, as implemented by Regulation Z (12 C.F.R. If the date of the city ordinance that limits only a one-time replacement for manufactured homes occurred after a manufactured home community within the citys jurisdiction was grandfathered as a nonconforming use, then the single replacement limit cannot apply to that community. title (caption), preamble, and emergency provision.

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