Texas Occupations Code 1201.212 – Transfer of Ownership by Operation of Law
(a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of:
(1) the order or bill of sale from an officer making a judicial sale;
(2) the order appointing a temporary administrator;
(3) the probate proceedings;
(4) the letters testamentary or the letters of administration; or
(5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing:
(A) that administration is not necessary; and
(B) the name in which the statement of ownership should be issued.
(b) The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale:
(1) for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or
(2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law.
Terms Used In Texas Occupations Code 1201.212
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Bequest: Property gifted by will.
- Devise: To gift property by will.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probate: Proving a will
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) The department shall issue a new statement of ownership to a survivor if:
(1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under § 1201.213; and
(2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person.