Texas Property Code 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 § 209.0092(a) or a petition for judicial foreclosure of the association’s assessment lien as described by § 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.
Terms Used In Texas Property Code 209.0091
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.