PROPERTY CODE

CHAPTER 63. MANUFACTURED HOME LIEN


	§ 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, § 1, eff. Sept. 1, 1999.  
Renumbered from § 62.001 by Acts 2001, 77th Leg., ch. 1420, § 
21.001(96), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., 
ch. 1276, § 14A.805, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1999.  
Renumbered from § 62.002 by Acts 2001, 77th Leg., ch. 1420, § 
21.001(96), eff. Sept. 1, 2001.


	§ 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, § 1, eff. Sept. 1, 1999.  
Renumbered from § 62.003 by Acts 2001, 77th Leg., ch. 1420, § 
21.001(96), eff. Sept. 1, 2001.


	§ 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 Article 
9.02, 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, § 1, eff. Sept. 1, 1999.  
Renumbered from § 62.004 and amended by Acts 2001, 77th Leg., ch. 
1420, § 21.001(96) and § 21.002(16), eff. Sept. 1, 2001.  
Amended by Acts 2001, 77th Leg., ch. 1055, § 6, eff. Jan. 1, 
2002;  Acts 2003, 78th Leg., ch. 1275, § 3(38), eff. Sept. 1, 
2003.


	§ 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, § 7, eff. Jan. 1, 2002.  
Renumbered from V.T.C.A., Property Code § 62.005 by Acts 2003, 
78th Leg., ch. 1275, § 2(118), eff. Sept. 1, 2003.  Amended by 
Acts 2003, 78th Leg., ch. 1276, § 14A.806, eff. Sept. 1, 2003.