HOA Foreclosure and Bankruptcy — How Filing Stops the Sale
The automatic stay under 11 U.S.C. § 362 stops HOA foreclosure proceedings immediately upon filing. However, HOA assessments that accrue after the petition date are typically non-dischargeable, and the HOA can seek stay relief for ongoing violations.
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.