To record ownership of a manufactured home in Texas, you file an Application for Statement of Ownership, MHD Form 1023, with the Texas Department of Housing and Community Affairs within 60 days of the sale, along with a $55 fee and a tax-clearance statement from your county tax assessor-collector.1State of Texas. Texas Occupations Code Section 1201.206 – Application for Issuance of Statement of Ownership The Statement of Ownership is the sole official record of who owns a manufactured home in Texas and whether it is classified as personal property or real property, so getting Form 1023 right matters for everything that follows, from financing to resale to property taxes.
When You Need to File Form 1023
Form 1023 is the application used any time ownership or status of a manufactured home changes. That covers retail sales, private resales, transfers between family members, moving the home to a new location, and electing to change the home’s property classification. After a retail sale, the retailer submits the application. For a later resale or transfer of a home classified as personal property, the seller files. If the seller fails to file, the buyer is allowed to submit the application directly.1State of Texas. Texas Occupations Code Section 1201.206 – Application for Issuance of Statement of Ownership
The form itself is available from the TDHCA Manufactured Housing Division’s forms page.2Texas Department of Housing and Community Affairs. Forms and Affidavits for Statement of Ownership Applications
The 60-Day Deadline and Late Penalty
You have 60 days from the date of sale, transfer, or relocation to file the application. Miss day 60 after a sale to a residential consumer and TDHCA can assess a penalty of at least $100, and the application may be held up until that penalty is paid.1State of Texas. Texas Occupations Code Section 1201.206 – Application for Issuance of Statement of Ownership
The same 60-day window applies when you move an existing home to a new site. In that case, your application must include evidence that the move complied with Texas Department of Motor Vehicles requirements.1State of Texas. Texas Occupations Code Section 1201.206 – Application for Issuance of Statement of Ownership Private sales without a dealer are where the deadline most often slips, and the delay can block financing or a later resale.
What You Need Before You Start the Form
Pull together the home’s identifying information before you open Form 1023. Mismatched serial numbers and missing signatures are the most common reasons applications get kicked back.
- HUD label or Texas seal number. Homes built after June 15, 1976 carry a metal HUD label on the exterior; the identification number on that plate goes in Block 2a of the application. If the home has a Texas seal instead, use that number.3Texas Department of Housing and Community Affairs. MHD Form 1127 – Label and Seal Important Information
- Manufacturer name and serial number, usually found on the data plate inside a cabinet or on the chassis. The serial number must match what TDHCA already has on file.
- Manufacturer’s model and date of manufacture.
- Full legal names of seller and buyer.
- The exact physical address where the home is located, including the county. That address ties directly to local tax records, so even small errors can create problems with your county appraisal district.
All signatures on the form must be properly notarized or witnessed as the form directs.
Tax Clearance from Your County
For any used manufactured home that is not sitting in a retailer’s inventory, your application must be accompanied by a tax-clearance statement from the county tax assessor-collector. This also applies when you are converting a home from personal property to real property. The statement must confirm that for each January 1 falling within the 18 months before the sale, there are no outstanding tax liens and no unpaid personal property taxes on the home.1State of Texas. Texas Occupations Code Section 1201.206 – Application for Issuance of Statement of Ownership
TDHCA provides MHD Form 1076 for this purpose. The tax assessor-collector’s representative signs the form and stamps it with the taxing entity’s seal, confirming that taxes have been billed and paid, that estimated taxes have been placed in escrow, or that no taxes are due.4Texas Department of Housing and Community Affairs. Statement from Tax Assessor-Collector Skipping this step is not an option. TDHCA will not process the transfer without it.
Under the Texas Tax Code, ownership cannot be transferred until all timely-recorded tax liens are satisfied and released, and all personal property taxes from the preceding 18 months have been paid. A buyer who purchases in good faith is protected from tax liens that were never recorded with TDHCA, and taxing units cannot foreclose on a home based on an unrecorded lien.5Texas Department of Housing and Community Affairs. Tax Code Chapter 32 Tax Liens and Personal Liability
Personal Property or Real Property: The One Decision That Matters
Every manufactured home in Texas defaults to personal property unless the owner actively elects otherwise on the application.6Texas Department of Housing and Community Affairs. Frequently Asked Questions: Statement of Ownership Personal property means the home is treated as a movable asset, separate from the land, similar to how a car is titled. Real property means the home becomes a permanent improvement to the land, taxed and transferred like a traditional house.
You can only elect real property status if the home is attached to land you own or land you lease under a qualifying long-term lease as defined by TDHCA rules.7State of Texas. Texas Occupations Code OCC 1201.2055 – Election by Owner If you lease the land, any lienholder on the home must give written consent approving the lease arrangement.6Texas Department of Housing and Community Affairs. Frequently Asked Questions: Statement of Ownership The application also requires a legal description of the land, which you can take from your deed or county tax records.
Finishing the Real Property Election
Checking the real property box is only the first step. After TDHCA issues the Statement of Ownership reflecting that election, you have 60 days to file a copy in the real property records of the county where the home sits and to notify both TDHCA and the chief appraiser of the county appraisal district. The election is not complete until both the county filing and the notifications are done.7State of Texas. Texas Occupations Code OCC 1201.2055 – Election by Owner County recording fees for this filing generally run around $25 to $29.
If There’s an Existing Lien
If you have a loan on the home, you cannot switch the property election on your own. Existing liens must be discharged or each lienholder must provide written consent. One exception: when a title company is insuring against existing liens as part of a refinance, such as when you are paying off a consumer loan and replacing it with a mortgage, a copy of the title commitment or policy satisfies the consent requirement.6Texas Department of Housing and Community Affairs. Frequently Asked Questions: Statement of Ownership
Switching Back to Personal Property
To convert a home back from real property to personal property, you apply for a new Statement of Ownership indicating the change. TDHCA will require an inspection of the home, a lien search or proof of no liens from a title company, and notification to the county clerk.6Texas Department of Housing and Community Affairs. Frequently Asked Questions: Statement of Ownership This comes up most often when an owner plans to relocate the home to a different property.
Fees, Where to Mail It, and How Long It Takes
The standard filing fee is $55 per transaction.8Texas Department of Housing and Community Affairs. Fee Schedule Expedited processing within five working days adds another $55, bringing the total to $110.9Texas Department of Housing and Community Affairs. Manufactured Housing Division – Application for Statement of Ownership Standard processing runs about 15 working days from the date TDHCA receives a complete application, and those timelines assume everything is correct and all supporting documents are attached. A missing tax-clearance form or an unsigned affidavit resets the clock.
Pay by check or money order made payable to TDHCA. An incorrect amount is one of the quickest ways to get the whole packet sent back unprocessed.
Mail the completed application packet to:
Texas Department of Housing and Community Affairs
Manufactured Housing Division
P.O. Box 12489
Austin, Texas 78711-24899Texas Department of Housing and Community Affairs. Manufactured Housing Division – Application for Statement of Ownership
After You File: Verifying the Record and Fixing Mistakes
Once the Statement of Ownership is issued, you can verify the record through TDHCA’s public database by searching the serial number or owner name. Lenders and buyers routinely use the database during sales to confirm current ownership and check for recorded liens.
If you spot an error on the issued document, TDHCA provides a correction form, Form 1009, to submit an amendment.2Texas Department of Housing and Community Affairs. Forms and Affidavits for Statement of Ownership Applications If you financed the home, keep in mind that your lender’s lien is recorded directly on the Statement of Ownership rather than through county deed records, unless the home has been elected as real property. Liens appear in the order filed, and a recorded lien serves as legal notice to everyone that the lien exists.10State of Texas. Texas Occupations Code OCC 1201.205 When the loan is paid off, the lienholder, not the owner, submits the release.