Upon completion of this course, attendees will have a general understanding of foreclosure principles in the property association context. The webinar will present a survey of foreclosure issues and procedures and related litigation. Attendees will be introduced to the major issues in property association foreclosure under Texas law and the claims and defenses asserted in this area of litigation.
I. Property Associations Assessments
A. The nature of assessments
B. The Property Association’s rights under the Declarations to collect assessments
D. Scope and priority of various liens
A. Practical considerations: optics of foreclosure in a property association context
(when should the association foreclose?)
B. Judicial foreclosure
C. Non-judicial foreclosure
D. Foreclosure statutes
E. HOA v. condominium association foreclosure
F. Overview of foreclosure due process, procedures, and requirements
G. Homestead and military protection
H. Right of redemption
III. Litigation of Wrongful Foreclosure
A. Wrongful foreclosure under the Texas Property Code
B. Common law elements of wrongful foreclosure
C. Requirement of default
D. Discussion of select wrongful foreclosure caselaw
E. Application of the statute of frauds to foreclosure
F. Remedies available: unwinding v. monetary damages
G. Are attorney’s fees recoverable?
Preview the presentation here.