Quick Answer
Texas Property Code § 209.0091 bars an association from applying for an expedited foreclosure order or filing a judicial foreclosure petition on its assessment lien until it has sent written notice of the total delinquency to other deed-of-trust lienholders and given them a chance to cure. The notice goes by certified mail, and the cure window runs "before the 61st day" after mailing.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code § 209.0091, Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders (Chapter 209) |
| Effective date | January 1, 2012 (HB 1228); amended September 1, 2015 (SB 1168) |
| Applies to | Residential property owners' associations under Chapter 209 that seek foreclosure of the assessment lien under § 209.0092. Condominiums are outside Chapter 209 (see § 209.003) |
| Key sections | (a) notice and cure; (b) certified mail to the deed-records address; (c) notice may go to any lienholder of record |
| Remedy or penalty | None stated in the section. Our reading: the notice is a precondition to filing the foreclosure application or petition |
What the Law Says
Subsection (a) says an association "may not file" an application for an expedited court order under § 209.0092(a), or a petition for judicial foreclosure under § 209.0092(d), unless it has done two things.
- Provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust.
- Provided the recipient "an opportunity to cure the delinquency before the 61st day after the date the association mails the notice."
Subsection (b) requires the notice to be sent "by certified mail to the address for the lienholder shown in the deed records relating to the property." Subsection (c) says that, "notwithstanding any other law," notice may be provided to any holder of a lien of record on the property.
What This Means in Practice
For boards and collection counsel
The section sits in front of the filing step described in the foreclosure-limits page. A title or lien search should be part of the pre-filing file, since the notice goes to addresses in the deed records.
For lenders and owners
A lender holding a junior deed of trust gets the delinquency total and a window to pay it. Our reading: the cure right belongs to the lienholder, not the owner, who has separate rights under other sections.
What the section does not say
- It does not say what happens if the notice is missed. Whether a missed notice defeats a filing is a question for counsel.
- It does not describe the notice's content beyond "the total amount of the delinquency."
- It does not say whether the 61-day period must expire before filing. Our reading: the text says the opportunity to cure runs "before the 61st day," so counsel should confirm timing before any filing.
Timeline
| Date | Event |
|---|---|
| January 1, 2012 | Section added by HB 1228 (82nd Leg.) |
| September 1, 2015 | Amended by SB 1168 (84th Leg.) |
Related Texas Law
- Chapter 209
- Foreclosure limits and judicial foreclosure (§ 209.009, § 209.0092)
- § 209.0093
- § 209.010
- § 209.008
Board Checklist
- Order a lien search before any foreclosure filing is authorized.
- List each junior deed-of-trust holder and the address in the deed records.
- Calculate the total delinquency stated in the notice.
- Send the notice by certified mail and keep the receipt.
- Calendar the 61st day after mailing.
- Give counsel the mailing proof before the application or petition is filed.
- Confirm with counsel how this step fits with § 209.0092 and § 209.006 notices.
Frequently Asked Questions
Does this section apply to condominiums?
Chapter 209 does not apply to condominium associations under § 209.003, per our reading of the chapter. Confirm with counsel for your regime.
Who must get the notice?
Other holders of a lien of record whose lien is inferior or subordinate to the association's and is evidenced by a deed of trust.
How must the notice be sent?
By certified mail to the lienholder address shown in the deed records.
How long does the lienholder have?
The text gives an opportunity to cure "before the 61st day after the date the association mails the notice."
Can notice go to any lienholder?
Subsection (c) says notice may be provided to any holder of a lien of record on the property.
Where This Comes From
We read the current text of § 209.0091 and its history note on the Texas.Public.Law mirror, which states it was verified against the official site on May 26, 2025. The official statute site is at statutes.capitol.texas.gov. We did not read court decisions on this section, and the mirror may lag later amendments.
Where We Stand
Our position: we support § 209.0091. Telling junior lienholders about a delinquency gives them a chance to pay it, which can resolve an account without a sale. Tip: add the lien search and certified-mail step to the collection checklist so it is done before counsel is asked to file. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
Association Property Managers provides remote HOA and condo management for associations in Texas, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Texas, browse every Texas state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Texas when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.
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