CHAPTER 63. MANUFACTURED HOME LIEN - Texas Statutes

PROPERTY CODE

TITLE 5. EXEMPT PROPERTY AND LIENS

SUBTITLE B. LIENS

CHAPTER 63. MANUFACTURED HOME LIEN

Sec. 63.001. MANUFACTURED HOMES. In this chapter, "manufactured

home" has the meaning assigned by Chapter 1201, Occupations Code.

Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 62.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(96), eff. Sept. 1, 2001. Amended by Acts 2003,

78th Leg., ch. 1276, Sec. 14A.805, eff. Sept. 1, 2003.

Sec. 63.002. APPLICABILITY. This chapter applies only to a lien

on a manufactured home if the loan or credit advance documents

state or indicate that the lien:

(1) is or is in the nature of a vendor's lien;

(2) is or is in the nature of a purchase money lien; or

(3) is or is in the nature of a retail installment lien.

Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 62.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(96), eff. Sept. 1, 2001.

Sec. 63.003. CONVERSION OF LIEN FROM PERSONAL PROPERTY LIEN TO

REAL PROPERTY LIEN. When the manufactured home converts to real

property as provided by Section 2.001(b), the lien on the

property:

(1) is converted to a purchase money lien on real property by

operation of law; and

(2) exists independently of any existing lien on the real

property to which the home is permanently attached.

Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 62.003 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(96), eff. Sept. 1, 2001.

Sec. 63.004. REFINANCING OF LIEN. (a) A person who provides

funds to refinance a lien secured by a manufactured home is

subrogated to the lien position of the previous lienholder.

(b) If the holder of a lien secured by a manufactured home

transfers loan or credit advance documents to a lender

refinancing the lien, that lender and a title insurance company,

title insurance agent or direct operation, or attorney to whom

the loan or credit advance documents are delivered holds the loan

or credit advance documents in trust for that lienholder. In

this subsection, "direct operation" has the meaning assigned by

Section 2501.003, Insurance Code.

(c) A lien that is converted to a purchase money lien on real

property under Section 63.003, or a lien for the debt for new

improvements thereon under Section 63.005, may be refinanced with

another lien on the real property to which the manufactured home

is permanently attached as provided by Section 2.001.

Added by Acts 1999, 76th Leg., ch. 742, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 62.004 and amended by Acts 2001, 77th

Leg., ch. 1420, Sec. 21.001(96) and Sec. 21.002(16), eff. Sept.

1, 2001. Amended by Acts 2001, 77th Leg., ch. 1055, Sec. 6, eff.

Jan. 1, 2002; Acts 2003, 78th Leg., ch. 1275, Sec. 3(38), eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.159, eff. September 1, 2005.

Sec. 63.005. CONVERSION OF LIEN FROM A PERSONAL PROPERTY LIEN TO

A REAL PROPERTY LIEN FOR THE DEBT FOR THE NEW IMPROVEMENTS

THEREON. (a) A manufactured home becomes a new improvement to

the homestead of a family or of a single adult person upon the

filing of the certificate of attachment as provided in Chapter

1201, Occupations Code. As such, if the debt for the manufactured

home was contracted for in writing, that debt is considered to be

for work and materials used in constructing new improvements

thereon and thus constitutes a valid lien on the homestead when

the certificate of attachment is filed in the Official Public

Records of Real Property in the county in which the land is

located.

(b) When the manufactured home converts to real property as

provided by Section 2.001 of this code, the lien on the property

exists independently of any existing lien on the real property to

which the home is permanently attached.

Added by Acts 2001, 77th Leg., ch. 1055, Sec. 7, eff. Jan. 1,

2002. Renumbered from Property Code Sec. 62.005 by Acts 2003,

78th Leg., ch. 1275, Sec. 2(118), eff. Sept. 1, 2003. Amended by

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.806, eff. Sept. 1, 2003.