Right to buy back your home after an HOA foreclosure
Tex. Prop. Code § 209.011(b)–(d)
In plain words
Texas has no redemption after a mortgage foreclosure. But if your homeowners association (HOA) forecloses its assessment lien, you can redeem (buy back) the property within 180 days after the HOA mails you notice of the sale. The buyer cannot transfer the home to anyone else during that time.
Who is protected
An owner in a residential subdivision whose home was sold to foreclose an HOA assessment lien.
When it applies
- Only in Texas.
- Only after the foreclosure sale.
- Only if you owe your HOA.
What you can do
Put the deadline on your calendar
Enter the date on your notice so Techoclaro can count the days and remind you.
Open the toolAsk for the redemption amount in writing
Request the itemized amounts the statute lets the buyer or HOA charge.
Deadline: No later than the 180th day after the HOA mailed notice of the sale
Read your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- Applies only to HOA assessment-lien foreclosures, not to mortgage or tax foreclosures.
- You must pay the amounts the statute lists (what was owed, interest, costs and more).
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawRedemption after HOA foreclosure
Tex. Prop. Code § 209.011(b)–(d)
Exact part: (b)–(d)
What it says: The owner may redeem from the purchaser within 180 days after the association mails notice of the sale.
Read the official texthttps://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.011
Court cases
- Partial winCited for this rightBrooks v. Northglen Ass'n
Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004)
an HOA cannot raise assessments above the limit in its deed restrictions or accumulate unassessed increases when the restrictions control
- Homeowner lostCited for this rightInwood North Homeowners' Ass'n v. Harris
Inwood N. Homeowners' Ass'n v. Harris, 736 S.W.2d 632 (Tex. 1987)
an HOA assessment lien created by recorded deed restrictions before the property became a homestead may be foreclosed despite the homestead protection
- Homeowner wonSame topicSauceda v. GMAC Mortgage Corp.
Sauceda v. GMAC Mortg. Corp., 268 S.W.3d 135 (Tex. App.—Corpus Christi–Edinburg 2008)
a wrongful-foreclosure claim requires a defect in the sale proceedings, a grossly inadequate selling price, and a causal connection between them, and that homeowners who offer evidence of each are entitled to a trial
- Homeowner wonSame topicCharter National Bank-Houston v. Stevens
Charter Nat'l Bank-Houston v. Stevens, 781 S.W.2d 368 (Tex. App.—Houston [14th Dist.] 1989)
when a mortgagee deliberately chills the bidding at a foreclosure sale, the injured owner seeking damages need not also prove a grossly inadequate selling price
- Homeowner lostSame topicRice v. Pinney
Rice v. Pinney, 51 S.W.3d 705 (Tex. App.—Dallas 2001)
an eviction after foreclosure may proceed while a wrongful-foreclosure suit is pending, because the eviction court decides only the right to immediate possession and not title
- Homeowner wonSame topicBartee v. Tara Colony Homeowners Ass'n
Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)
Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home
- Homeowner wonSame topicOgden v. Gibraltar Savings Ass'n
Ogden v. Gibraltar Sav. Ass'n, 640 S.W.2d 232 (Tex. 1982)
when a note holder has the option to accelerate on default, equity demands notice of the intent to exercise that option before foreclosing, and a homeowner sold out without it may recover damages
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
Related rights
Limits on HOA foreclosure: no sale for fines only, court order required
Tex. Prop. Code § 209.009
A Texas HOA may not foreclose if what you owe is only fines (or lawyer fees tied only to fines). To foreclose an assessment lien, the HOA must first get a court order, usually through the expedited Rule 736 process. Before charging you collection-agency fees, it must send a certified letter giving you at least 45 days to pay.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this rightRight to a fair-market-value credit against a deficiency
Tex. Prop. Code § 51.003(a)–(c)
If your home sells at foreclosure for less than you owe, the lender has only two years to sue you for the difference (the deficiency). In that suit you can ask the court to decide the home’s fair market value on the sale date. If the value was higher than the sale price, the deficiency is reduced by the difference.
Read this right