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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.
Check whether it applies to you

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 tool
  • Ask 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

  1. 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 text

Court cases

  • Partial winCited for this right
    Brooks 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 right
    Inwood 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 topic
    Sauceda 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 topic
    Charter 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 topic
    Rice 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 topic
    Bartee 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 topic
    Ogden 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 topic
    Martins 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

State lawVerified Sep 23, 2026

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.

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The 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.

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U.S. ConstitutionVerified Sep 23, 2026

The 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.

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After 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.

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Federal lawVerified Sep 23, 2026

Renters 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.

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State lawVerified Sep 23, 2026

Right 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.

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