Texas Law

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In 2001, the state of Texas passed a law that makes non-payment of Homeowners Association fees an unprotected homestead forclosure right. How do we find out what if any, properties are being sold for non-payment of Homeowners fees? The redemption period is only 18 months, and I have no idea how much interest we can charge, but we should at least take a peek. Does the sheriff sell that stuff?
confused

Comments(5)

  • Gonzo8th February, 2004

    Welcome aboard gregstec,

    What part of Texas are you looking for?

    Gonzo

  • gregstec9th February, 2004

    All Counties surrounding the Dallas area. One of my Partners is from Paris Texas, and he asked me if I knew the answer to the previous question I posted. Gonzo, if you have any type of answer I would greatly appreciate it. Greg

  • LarryTX11th February, 2004

    The procees will follow the same way any other foreclosure proceeding takes place in Texas. It is filed at least 21 days before the auction takes place. If you are looking for a specific list of properties being published based on HOA dues then I do not think there is one that exists.

    Take a trip down to your county court house and they should be posted along with all the other foreclosures coming up. Instead of a bank filing the paper work you will see the HOA.

    HTH

  • gregstec11th February, 2004

    Larry, Thank you for your info. I am glad their are people on this site, that truly care about other peoples investing. Greg

  • Dreamin11th February, 2004

    Larry is correct but I think you will not find too many filed as foreclosure if any in the Les Pendis filings at the local court houses.
    Many homeowners associations do not file for foreclosure due to the expense. Many will just place leins so that they have to be paid before the property will sell.
    This info will be filed in the records as judgements, and other liens. The counties outside the big counties do not record things very well either. One clerk will record it as a mechanics lein, another will do an abstract lein or even just under a judgement. The key is the address of the property, owners name, filers name. you may have to look under these all becuase it may be recorded under the address of the property, the geo description, the subdivision ect...
    the clerks are not consistant nor thorough. I even found one property listed under a relatives name and then when I (just out of curosity) pulled the doc I found it was a lein against the property I was looking at.

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