Quick Answer
After a foreclosure sale of an owner's lot, Texas Property Code § 209.010 requires the association to send a written notice, no later than the 30th day after the sale, to the owner and each lienholder of record, stating the date and time of the sale and the right to redeem. The association must then record an affidavit within 30 days of sending it.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code § 209.010, Notice After Foreclosure Sale (Chapter 209) |
| Effective date | January 1, 2002; amended September 1, 2009 (HB 3479) |
| Applies to | Residential property owners' associations under Chapter 209. Condominiums are outside Chapter 209 (see § 209.003) |
| Key sections | (a) notice within 30 days; (b) certified mail; (b-1) no address; (b-2) deemed approval; (c) recorded affidavit; (d) sheriff or constable sales |
| Remedy or penalty | None stated in the section |
What the Law Says
- Subsection (a): the association "must send to the lot owner and to each lienholder of record, not later than the 30th day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the lot owner and each lienholder of record of the right of the lot owner and lienholder to redeem the property under Section 209.011."
- Subsection (b): the notice must go by certified mail, return receipt requested, to the owner's last known address in association records, to the address of each holder of a lien evidenced by the most recent deed of trust of record, and to the address of each transferee or assignee who gave the association written notice under the subsection.
- Subsection (b-1): if a recorded instrument has no lienholder address, the association "does not have a duty to notify the lienholder."
- Subsection (b-2): the owner "is deemed to have given approval for the association to notify the lienholder."
- Subsection (c): "not later than the 30th day after the date the association sends the notice," the association must record an affidavit in the county real property records stating the date the notice was sent, with a legal description of the lot. "Any person is entitled to rely conclusively" on the affidavit.
- Subsection (d): the notice rules also apply to a sale by a sheriff or constable under a judgment the association obtained.
What This Means in Practice
For boards and counsel
There are two clocks: 30 days from the sale to send the notice, then 30 days from sending to record the affidavit. Certified mail with return receipt is the stated method. The redemption right itself is covered on the foreclosure and redemption page.
For owners and lenders
The notice is how the redemption period is communicated. An assignee of a deed of trust who wants notice must send written notice to the association at the address on its most recent recorded management certificate.
Open questions
- The section does not state a penalty for a missed notice or affidavit. Confirm with counsel.
- It does not say who signs the affidavit.
- The redemption terms are in § 209.011, which we did not read for this page.
Timeline
| Date | Event |
|---|---|
| January 1, 2002 | Section added |
| September 1, 2009 | Amended by HB 3479 (81st Leg.) |
Related Texas Law
Board Checklist
- Calendar the 30th day after the sale for the notice.
- Pull the most recent deed of trust and any assignee notices on file.
- Send by certified mail, return receipt requested.
- Include the date and time of sale and the redemption right.
- Record the affidavit with legal description within 30 days of mailing.
- Keep the receipts and the file-stamped affidavit.
- Use counsel for every step of a foreclosure.
Frequently Asked Questions
When must the post-sale notice go out?
Not later than the 30th day after the foreclosure sale.
Who receives it?
The lot owner and each lienholder of record.
How is it sent?
Certified mail, return receipt requested, to the addresses listed in subsection (b).
What is the affidavit?
A recorded statement of the date the notice was sent with a legal description, due within 30 days after sending.
Does it apply to sheriff sales?
Subsection (d) says yes, for sales under a judgment the association obtained.
Where This Comes From
We read the current text of § 209.010 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 § 209.010. A written notice and a recorded affidavit give everyone a public record of when redemption rights began. Tip: if the association ever reaches this point, run the notice and affidavit from one checklist with counsel so neither 30-day clock is missed. 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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