Time-sensitive

How to fight HOA foreclosure

HOA foreclosure is real — boards in many states can force the sale of a home over a few thousand dollars in unpaid fines or assessments. If you have a notice, the clock is running. This page is triage.

Do these three things today

  1. Read the notice. Find the sale date (or trustee sale date) and the cure amount. Write both down.
  2. Pay the assessments under protest. If part of the balance is regular assessments, paying them stops the foreclosure clock in most states. Send a written letter with the payment saying it's "under protest, without prejudice to dispute."
  3. Call an HOA-defense attorney in your state. Not a generic real-estate lawyer. We will connect you.

What the board has to prove

  • The lien was properly recorded.
  • You received statutory notice with the right cure period.
  • The underlying fines or assessments are valid (procedurally and substantively).
  • The board followed its CC&Rs and state statute on every step.

Defects on any of these can stop the sale or unwind it after. State law varies enormously — some states require judicial foreclosure (slow, defendable), some allow non-judicial trustee sale (fast, harder to fight).

Bankruptcy as a brake

Filing Chapter 13 the day before a foreclosure sale stops the sale immediately under the automatic stay. This is a last-resort emergency move and you should only do it with a bankruptcy attorney — but if the sale is tomorrow, it's an option.

State-by-state notes

See your state → for the foreclosure procedure, redemption rights, and any super-priority lien limits that apply to your association.

Time-sensitive: free emergency review

Upload your notice, your CC&Rs, and the lien. We'll triage same-day and connect you to an HOA-defense lawyer in your state. No fee from us — you only pay the lawyer if you engage them.

Start an emergency review →