Yes. In most states, a homeowners association can foreclose on your home for unpaid dues and assessments, even if your mortgage is current. Unpaid dues usually become a lien on the home. State law sets the rules, and some states, like Texas and California, limit when and how an HOA can foreclose.
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It can feel unfair to risk your home over a few thousand dollars in dues, especially if you are current on your mortgage. The good news is that HOA debts are often smaller and easier to fix than a mortgage default, and you usually have time to act.
Yes, in most states. When you buy in an HOA or condo community, the governing documents and state law usually make unpaid dues, special assessments, late fees, and collection costs a lien on your home. If the debt stays unpaid, the association may be able to foreclose on that lien, the same way a lender forecloses on a mortgage.
This can happen even if you owe the HOA far less than the home is worth and your mortgage is paid on time. Many homeowners do not realize this until they receive a lien notice or a lawsuit.
That said, many states add protections. Some set a minimum debt before foreclosure is allowed. Some bar foreclosure for fines alone. Some require a court case. Knowing your state's rules is the first step.
The steps vary by state and by your association's documents, but the process usually looks like this:
| Judicial HOA foreclosure | Non-judicial HOA foreclosure | |
|---|---|---|
| Who oversees it | A court | A trustee or agent, following state law |
| Your chance to respond | You can file an answer and raise defenses | You must act yourself, often by filing suit to stop the sale |
| Typical speed | Usually slower | Usually faster |
| Examples | Florida (Fla. Stat. §720.3085) | California (most HOA sales); Texas, but only after an expedited court order (§209.0092) |
For a deeper look at the two systems, see judicial vs. non-judicial foreclosure.
In most states, an HOA lien ranks behind your first mortgage. But according to Nolo, roughly 20 states give part of an HOA or condo lien super-lien priority. That part, usually a limited number of months of regular assessments, jumps ahead of the first mortgage.
For example, Colorado gives six months of assessments super-priority, and Nevada gives nine months. In 2014, Nevada's Supreme Court held in SFR Investments Pool 1 v. U.S. Bank that an HOA's foreclosure of its super-priority lien could wipe out the first deed of trust.
That is why super-lien states matter: if the HOA forecloses, the lender may lose its lien too, so lenders in those states often pay the HOA to protect themselves and then add the cost to your loan. In states without a super-lien, the buyer at an HOA sale generally takes the home subject to your mortgage. Either way, you can lose the home and still owe your mortgage debt.
Yes, but Texas adds strong protections in Chapter 209 of the Property Code:
More on your state: Texas foreclosure help.
Yes. Under Florida Statutes §720.3085, an HOA forecloses its lien in court, the same way a mortgage is foreclosed. The HOA must give you 45 days' notice to pay before recording a lien, and another 45-day notice before filing a foreclosure lawsuit. Florida caps what a first mortgage lender that takes the home by foreclosure owes the HOA at the lesser of 12 months of assessments or 1% of the original mortgage debt, if the HOA was named in the lender's lawsuit.
Yes, but under Civil Code §5720, an HOA cannot foreclose to collect regular or special assessments under $1,800 (not counting late charges, fees, attorney fees, or interest) unless the assessments are more than 12 months delinquent. The HOA cannot use foreclosure to collect fines (§5725). Most California HOA foreclosures are non-judicial, and after a non-judicial sale you generally have a 90-day right of redemption (§5715).
Usually not, except for any super-lien portion. When a first mortgage lender forecloses, junior liens, including most HOA liens, are generally wiped out. The new owner is responsible for dues going forward. In super-lien states, the priority portion may survive or have to be paid.
But the lien disappearing is not the same as the debt disappearing. You may still personally owe the past-due dues, depending on your state and your documents. If your home sells at a mortgage foreclosure auction for more than is owed, the HOA may make a claim to the extra money, and you may be able to claim what is left (see surplus funds after an auction).
Most HOA foreclosures can be stopped by paying, settling, or challenging the debt before the sale. Options include:
An HOA foreclosure attorney or a HUD-approved housing counselor (1-800-569-4287) can review your notices and your state's rules.
Sources (checked 2026-09-26):
Yes. Having a mortgage does not stop an HOA from foreclosing its own lien. In most states the buyer at an HOA sale takes the home subject to your mortgage, so you could lose the home and still owe the mortgage debt. In some super-lien states, the HOA sale can also wipe out the lender's lien.
It depends on your state and whether the process goes through court. Non-judicial HOA foreclosures are usually faster than court cases. Many states also require notice periods before a lien is recorded and again before foreclosure starts, which gives you time to respond.
After a mortgage foreclosure, the new owner is responsible for dues going forward. Past-due dues from before the sale may be wiped out as a lien, but you may still owe them personally, depending on state law. Florida limits how much a foreclosing first mortgage lender owes the HOA for past dues.
Start by requesting a full ledger and checking for fines or fees the HOA cannot foreclose on. Dispute errors in writing, ask for a payment plan, and answer any lawsuit on time. A local HOA foreclosure attorney can check whether the association followed every notice step your state requires.
Some states say no. Texas bars HOA foreclosure when the debt is only fines or attorney fees tied to fines, and California bars using foreclosure to collect fines. Other states may allow it, so check your state's statute and your HOA's documents.
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