Please read this first. Educational site only. Not a law firm, not a HUD counselor, not an HOA. This page is not legal advice.
Updated September 2026. Educational only — not legal advice.
An HOA or POA assessment lien can run on a separate track from your mortgage. Catching up the bank does not automatically catch up the association. An HOA letter that says “foreclosure” is not the same paper as a substitute trustee’s sale from the mortgage company.
Two files, sometimes the same Tuesday
Mortgage: deed of trust, servicer, 20- and 21-day notices, first-Tuesday trustee sale. Texas process.
HOA: the declaration and Texas Property Code Chapter 209 (and related provisions) control how associations collect. Some HOA foreclosures go through court; some notices still show up on the first-Tuesday calendar as constable or substitute-trustee sales. Read the caption: “homeowners association” vs. your mortgage servicer.
Homestead does not mean “the HOA cannot lien”
Texas homestead protection is strong against many debts. Association assessments, properly created, can still become a lien. The details (judicial vs. nonjudicial, notice, and what can be sold) depend on the documents and the statute in effect. Do not take legal advice from a neighbor or from this page. If you were served with a lawsuit, call legal aid or a Texas attorney before the answer date.
What to do
- Separate HOA invoices and attorney letters from mortgage letters.
- Call the association or its collection attorney for a payoff of assessments, and call the mortgage servicer for loss mitigation. Say you have two files.
- A HUD counselor can help with the mortgage budget. They may not be able to “stop” an HOA suit. Who to call.
- If you have a citation with a court date, Lone Star Legal Aid or Houston Volunteer Lawyers — missing court is how extra rights disappear.
This site does not take cases and does not talk to your HOA for you.
Frequently asked questions
Can an HOA sell my house on the courthouse steps?
Sometimes associations pursue foreclosure of their assessment lien. Whether they can do that on your homestead, and how, is fact-specific. Treat any sale notice as real until a counselor or attorney says otherwise.
Will a mortgage modification pay the HOA?
Usually not. Modifications address the loan. Assessments stay with the association unless you pay them or they are included in some other written deal.
Related: Tax sale vs. mortgage · Scams · Who to call