Wholesaling HOA Foreclosure Properties in Texas

The short answer

Can a Texas HOA foreclose on a house?

Yes, for unpaid assessments, but only after notice, a chance to cure and, in most cases, a court order.

Chapter 209 of the Property Code sets the rules. The association must send written notice and give the owner time to pay, and it must offer a payment plan in many cases. It generally cannot foreclose when the debt is only fines or the attorney fees tied to fines. Most associations then need an expedited or judicial court order before any sale.

The opportunity

Why HOA-delinquent owners are open to selling

Unpaid dues snowball with late fees, interest and attorney charges, and owners who stop paying their HOA are often behind on other bills too. Selling lets them pay the association at closing, protect their credit from a foreclosure and keep the equity that an HOA auction would hand to a bidder for a fraction of its value.

Lead sources

How to find HOA foreclosure leads in Texas

• Court filings. Look for applications for expedited foreclosure and HOA collection suits in district and county courts. They name the owner and the address.
• Recorded HOA liens. Some associations record notices of lien in the county property records when an account falls far behind.
• Notices of sale. HOA sales that follow a court order are posted and filed with the county clerk like other foreclosure sales.
• Management company contacts. Property managers know which accounts are in collections. They cannot share private details, but a relationship can still help when an owner asks for options.
• Combine lists. An owner behind on HOA dues and property taxes, or on a pre-foreclosure list, is likely to sell.

Your exit

Closing a deal with an HOA balance

Ask the title company to order a resale certificate and payoff statement from the association. Texas lets associations charge for these, and the payoff includes dues, fees and legal costs that must be cleared at closing.

Remember the first mortgage. An HOA lien is usually behind the mortgage, so your price must cover both. Buyers also want to know the HOA’s rental and leasing rules before they commit, so share them with the deal.

Step by step

How to start wholesaling HOA foreclosure properties in Texas

1. Find the filing. Pull HOA collection and expedited foreclosure cases in your county.
2. Confirm the debt. Get an estimate of the HOA balance and check public records for the mortgage.
3. Contact the owner early. Explain that a sale can pay the association and stop the case.
4. Check the HOA rules. Read the deed restrictions for leasing limits and transfer fees your buyer will face.
5. Set your price. Subtract the mortgage payoff, HOA payoff and costs, then check the spread with the wholesale fee calculator.
6. Sign and disclose. Use a purchase contract and the written assignment disclosure Texas requires.
7. Close through title. Title orders the resale certificate, pays the HOA and lender and closes the sale.

A homeowner in a Katy-area subdivision stopped paying HOA dues after a divorce. Two years later the balance, with late fees, interest and attorney charges, was nearly $10,000, and the association had filed an application for expedited foreclosure. She still had a first mortgage, but the house was worth far more than both debts combined.

The title company ordered a resale certificate and payoff from the association and confirmed the mortgage balance. After repairs for worn carpet, paint and an old water heater, the numbers left room for a deal. You signed at $200,000, gave the written assignment disclosure and shared the subdivision’s leasing rules with your landlord buyers, since some HOAs restrict rentals.

A buyer paid $212,000 for the assignment. Title paid the lender, paid the HOA in full and the court case was dismissed. The owner left with roughly $19,000 after costs, far more than she would have kept if the association had sold the house, and without a foreclosure on her record.

Texas rules to know

The 180-day redemption right

If an HOA foreclosure sale does happen, the Texas owner can still buy the property back within 180 days after the association mails notice of the sale, by paying what the law requires. Anyone who buys at an HOA sale has to wait out that period before the title is secure.

That is why buying at an HOA auction and flipping the house quickly rarely works. Contracting with the owner before the sale gives your buyer a normal deed and a clean closing.

Learn it with a mentor

Get help with your first HOA deal

HOA payoffs and deed restrictions trip up new wholesalers. Our students check both with a mentor before they make an offer.

FAQ

HOA Foreclosure Properties in Texas: common questions

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