Legal Question in Wills and Trusts in Texas

Typically the HOA Covenants, Conditions and Restrictions ("CCR's"), which are recorded in the real property records of the county in which the HOA is located, contain a provision reserving a lien against each lot in the subdivision for the sole purpose of collecting unpaid HOA dues and assessments. Depending on the age of the subdivision the HOA lien may even be superior to a mortgage lien secured against the property--however most new HOA CCR's make their lien subordinate to mortgage liens for the purchase and/or improvements of and to the property. In any event, the HOA CCR's typically do reserve the right to foreclose on this lien in the event the homeowner does not pay. You can give notice to the existing mortgage company. Sometimes they will remit payment on behalf of the homeowner. Other times they don't do anything b/c their mortgage lien is senior/superior to the HOA lien. In other words, if the HOA foreclosed on their lien and ended up with the property, the HOA would be taking the property subject to the first lien mortgage. I reccomend that your HOA seek counsel if they choose to enforce the lien b/c the Texas Property Code sets forth specific requirements with regard to proceeding with an HOA foreclosure. Failure to follow these statutory requirements can result in a an invalid foreclosure.