Can myHOA or their collection law firm foreclose on my home for falling behind on dues?
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Can myHOA or their collection law firm foreclose on my home for falling behind on dues?
Asked on December 23, 2010 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
With a few exceptions, unfortunately an HOA can foreclose on real property (even if there is a mortgage lien against it). And it can do so without ever having to go to court. It's called "non-judicial foreclosure". Basically, this means that a house/condo can be sold on the courthouse steps with no judge or arbitrator involved. And, at least in TX, the process period can be as little as 27 days (the shortest of any state).
Here is an article that you may find to be of interest: http://www.npr.org/templates/story/story.php?storyId=128078864
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