HOA Pre-Foreclosure Due Diligence, State Bar of Texas, Handling Your First (or Next) HOA Assessment Lien Foreclosure for Condos and Subdivisions, presented by Bob Burton

The ability of a homeowners association (an "HOA") to foreclose on an assessment lien against a delinquent homeowner is a powerful tool, the use of which should not be taken lightly. Before embarking on the foreclosure process, there are several due diligence steps which the practitioner should take in order to ensure compliance with statutory requirements and the community’s governance documents. The purpose of this paper is to explain the relevant law affecting pre-foreclosure due diligence as well as provide a practical and comprehensive "checklist" to assist with this process.  Continue Reading