Texas statute reference · Tex. Prop. Code § 209.0091
§ 209.0091 - Lienholder Notice Before Foreclosure
Section 209.0091 sits one step ahead of the judicial-foreclosure requirement. Before a Texas HOA can even apply to foreclose, it must notify subordinate deed-of-trust lienholders of the delinquency and give them a chance to cure. The clock is 60 days from mailing.
Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.
Current as of 2026-05-29.
What boards need to know
This is a foreclosure prerequisite, not a courtesy. Section 209.0091(a) prohibits the association from filing either an expedited foreclosure application under § 209.0092(a) or a judicial-foreclosure petition under § 209.0092(d) until it has notified subordinate deed-of-trust lienholders and given them the cure window.
The recipient and the method are specified. The notice goes to holders of recorded liens that are inferior or subordinate to the association's lien and evidenced by a deed of trust (§ 209.0091(a)(1)), sent by certified mail to the address shown in the deed records (§ 209.0091(b)). Section 209.0091(c) lets the association send the notice to any recorded lienholder.
The cure window is measured from mailing: the lienholder must have the opportunity to cure before the 61st day after the date the association mails the notice (§ 209.0091(a)(2)). Read together with § 209.0092, the sequence is: notify subordinate lienholders, wait out the 60-day cure period, then apply for the court order that § 209.0092 requires.
Key requirements
The prerequisite
Tex. Prop. Code § 209.0091(a)- Required before a § 209.0092(a) expedited foreclosure application
- Required before a § 209.0092(d) judicial-foreclosure petition
- Written notice of the total delinquency
- Opportunity to cure before the 61st day after mailing
Recipient and method
Tex. Prop. Code § 209.0091(b), (c)- Holders of subordinate liens evidenced by a deed of trust
- Notice may be sent to any recorded lienholder
- Certified mail to the address shown in the deed records
Key statutory text
The operative subsection, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 209.0091(a) - notice and cure prerequisite
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).
Common questions about § 209.0091
- What does § 209.0091 require before a Texas HOA forecloses?
- Section 209.0091(a) provides that an association may not file an application for an expedited foreclosure order under § 209.0092(a), or a petition for judicial foreclosure under § 209.0092(d), unless it has first given written notice of the total delinquency to any other holder of a recorded lien on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust, and given that lienholder an opportunity to cure the delinquency before the 61st day after the date the association mails the notice.
- Who must receive the § 209.0091 notice?
- Under § 209.0091(a)(1), the notice goes to any holder of a recorded lien whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust. Section 209.0091(c) adds that, notwithstanding any other law, the notice may be provided to any holder of a recorded lien on the property.
- How long is the lienholder cure period under § 209.0091?
- Section 209.0091(a)(2) requires the association to give the notice recipient an opportunity to cure the delinquency before the 61st day after the date the association mails the notice - effectively a 60-day cure window measured from mailing.
- How must the § 209.0091 notice be sent?
- Section 209.0091(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 that is subject to the association's assessment lien.
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This is not legal advice. Consult Texas community-association counsel for your specific situation.