Assessment Lien Foreclosure is a powerful tool that may be used by HOAs and Condominiums to collect delinquent assessments from homeowners that refuse to pay. Our firm’s goal in proceeding forward with a foreclosure of Assessment Liens is to collect the debt, and not foreclose the home. We count as a success every property that we post for foreclosure but cancel the sale because the owner has entered a payment plan or paid in full.
The authority of Homeowners associations to create liens and to post properties for foreclosure is given to it by a combination of State Statutes and the power of deed. Before the first house or condo was built, the developer filed a “Declaration” with the clerk of the county in which the property was located. This “Declaration” was a deed of sorts. It created the Homeowners association and deeded to it the areas that would be held in common for the benefit of all of the subsequent homeowners. It also gave the association the authority to levy assessments, create rules and the power to collect those assessments and enforce those rules. Declarations typically state that by accepting a deed to property within that association the subsequent homeowners grant to the association the right to levy assessments, make rules, and authority to enforce these rights by filing liens against the property and even posting the property for foreclosure.
Before 2011, both Homeowners Associations (generally condos) and Property Owners Associations (generally single-family homes) had the authority to post properties, that were in default, directly for foreclosure using the power set out in Section 51 of the Texas Property Code. The 2011 legislature, in its wisdom, saw fit to limit the power to foreclose for the Property Owners Associations and left the HOAs (condos) with the same authority that they always had. Now, the Property Owners Associations, that once had the power to directly foreclose, must seek judicial approval before posting a property for foreclosure. This process, that has been called non-judicial foreclosure, has been in place since January 1, 2012. Our firm filed the first of these applications on January 2, 2012, and has successfully processed over one hundred of these applications, in five counties, Dallas, Collin, Kaufman, Tarrant, and Denton. The overwhelming majority of these applications did not result in actual foreclosures, but rather resulted in the debt to the association being paid.
4340 N. Central Expressway
Dallas, Texas 75206
Monday – Friday, 8:00 am – 4:00 pm
Manning & Meyers has been working with our HOA Management company and have done an excellent job of handling our legal needs, clear communication and very responsive.
As the treasurer of our HOA community I have had deal with a couple Law Offices. It has been my experience that Manning & Meyers Attorneys at Law is my choice of law firms in dealing with all HOA matters.
Our HOA has seen great results in collections since we have been using Manning & Meyers. They have worked well with our management company and I appreciate the good communication as well as alerting us with any issues.
We have been using Manning & Meyers for years to handle our HOA and continued to use them through management changes. They have done a phenomenal job and I would highly recommend.
As a HOA board member we began using Casey at Manning & Meyers about 1 year ago. His experience helped us overcome some of the pre-existing difficulties and set a plan for the future protection of our community. Managing 605 homes can be quite daunting at times, but having a great HOA Attorney on our side made a huge difference.
We have used Manning and Meyers as an HOA for over four years now. Casey's experience with HOA law and guidance have been invaluable. They are always very prompt and timely in their responses and extremely thorough in their advice whatever the subject.
Manning & Meyers are the attorneys for our Home Owners Association. They maintain a professional relationship with owners who have been referred to them by the HOA. They also provide a monthly updates regarding all HOA referred cases to the Board of Directors. Working with Manning & Meyers has been effective in decreasing our outstanding HOA delinquencies and they've taken the time to ensure the board is well educated on legal actions enacted on our behave. I highly recommend Manning & Meyers Attorneys At Law.
I have been working with Manning & Meyers Attorneys at law for more than 4 years now, as a HOA Board member. They are very meticulous, client oriented and prompt in action. We have reviewed and resolved numerous cases with all kinds of home owners and our Attorneys were extremely detail oriented and professional in all aspects. It is my pleasure to recommend Manning & Meyers to anyone seeking legal help and assistance.