Texas Codes

Tex. Prop. Code § 209.0091 (2026)

Prerequisites To Foreclosure: Notice And Opportunity To Cure For Certain Other Lienholders

✓ current as of May 2026

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Sec. 209.0091. PREREQUISITES TO FORECLOSURE: NOTICE AND OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS. (a) A property owners' association may not file an application for an expedited court order authorizing foreclosure of the association's assessment lien as described by Section 209.0092(a) or a petition for judicial foreclosure of the association's assessment lien as described by Section 209.0092(d) unless the association has:

(1) provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust; and

(2) provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails the notice described in Subdivision (1).

(b) Notice under this section must be sent by certified mail to the address for the lienholder shown in the deed records relating to the property that is subject to the property owners' association assessment lien.

(c) Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 21, eff. September 1, 2015.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2015–2021 · leading case: Deutsche Bank Nat'l v. Saihat Corp. (5th Cir. 2021).

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Deutsche Bank Nat'l v. Saihat Corp. (5th Cir. 2021). · cites it 2× “The district court held, in the alternative, that Deutsche Bank’s lien would survive because it was not given written notice of the HOA’s foreclosure proceedings as required by Texas Property Code § 209.0091. Section 209.”

Brandon Saxon v. Grove Club Lake, Inc. (Tex. App. 2015). · cites it 2× “-26- Texas Property Code § 209.0091 -23- Texas Property Code§ 209.”

Wenkai Chen v. Bank of Am., N.A. (Tex. App. 2018). “See Tex. Prop. Code § 209.0091 (property owners’ association may foreclose any lien described by association’s dedicatory instruments after obtaining court order).”

Sunset Hills Homeowners Ass'n, Inc. v. Frank Carroll (Tex. App. 2015). “Tex. Prop. Code Ann. § 209.0091 (West 2014).”

— Tex. Prop. Code § 209.0091(a)(1) — 1 case

Deutsche Bank Nat'l v. Saihat Corp. (5th Cir. 2021). “The district court held, in the alternative, that Deutsche Bank’s lien would survive because it was not given written notice of the HOA’s foreclosure proceedings as required by Texas Property Code § 209.0091. Section 209.”

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