HOA Threatening Foreclosure — Your Rights Under Chapter 209
Texas Property Code Section 209.0092 requires HOAs to provide specific notices, wait periods, and cure opportunities before foreclosing on an assessment lien. These requirements are not optional — they are jurisdictional prerequisites to a valid foreclosure.
Emergency TRO to Stop an HOA Foreclosure Sale
Emergency TRO practice in Texas HOA foreclosure cases requires immediate filing, a verified petition identifying specific Chapter 209 violations, and a bond. Courts can grant same-day relief when the procedural record shows the HOA skipped required steps.
Rule 736 HOA Foreclosure — What It Is and How to Fight It
Texas Rule of Civil Procedure 736 provides an expedited procedure for lienholders to obtain court authorization to foreclose. An HOA that files a Rule 736 application must serve the homeowner, who then has 38 days to file a response or the order is granted by default.
HOA Foreclosure Sale Set-Aside — After the Sale Has Already Happened
Texas courts have set aside HOA foreclosure sales where the required Chapter 209 notice sequence was not followed. The analysis focuses on whether the homeowner received actual notice and whether the HOA complied with every procedural prerequisite.
Office Action Response
USPTO Office Actions raise substantive refusals (likelihood of confusion, merely descriptive, primarily merely a surname) and procedural requirements. Each refusal type has specific response strategies developed through TTAB and Federal Circuit precedent.
TTAB Opposition Proceeding
TTAB opposition proceedings are filed within 30 days of publication in the Official Gazette. The grounds include likelihood of confusion, descriptiveness, fraud, and priority. Discovery, briefing, and oral argument follow a structured schedule.
TTAB Cancellation Proceeding
TTAB cancellation proceedings can be filed at any time after registration on grounds of likelihood of confusion, genericness, abandonment, or fraud on the USPTO. Registrations older than five years have limited grounds for cancellation.
Federal Trademark Infringement
Federal trademark infringement claims under Lanham Act Section 32 and 43(a) require proving likelihood of confusion. The eight DuPont factors guide the analysis. Injunctive relief and monetary remedies including disgorgement of profits are available.
Trade Dress Infringement
Trade dress infringement claims under Lanham Act Section 43(a) protect product packaging, store design, and overall commercial image. The plaintiff must prove inherent or acquired distinctiveness and that the trade dress is not functional.
False Advertising Claim
Lanham Act false advertising claims require proving the statement was false or misleading, material, placed in interstate commerce, and caused or was likely to cause competitive injury. Literally false statements do not require proof of actual deception.