Property Liens

What Type of Liens Can Be Foreclosed On?

Property liens are notices that are attached to a piece of real property by a creditor when money is owed to them by the homeowner. There are several different kinds of property liens in which foreclosure can be used to collect the debt that is owed. Some of the most common that we get asked about here at the library are listed below.

Mortgage/Deed of Trust

If you fall behind on your loan payments, or if you break the terms of the loan agreement, the lender can foreclose on the property. See the resources below for more on this type of lien.

What Does It Mean to “Default” on a Mortgage Loan?
An article from self-help legal publisher Nolo on the different ways a borrower can "default" on their loan agreement, which can cause the lender to foreclosure on the property.
Can I Lose My Home to Foreclosure If I Don’t Pay for Homeowners’ Insurance?
An article from legal self-help publisher Nolo on foreclosures that happen if you violate the terms of your loan agreement.

Property Taxes

If you fall behind on your property taxes, the local taxing authority can foreclosure on the property. See the resources below for more on this type of lien.

What Happens If I Don't Pay Property Taxes in Texas?
An article from legal self-help publisher Nolo on property tax foreclosures.

Property Owners Association Assessments

If you fall behind on your association's dues/assessments, the property owners association can foreclosure on your home. See the resources below for more information as well as the Assessments and Foreclosure page of our Property Owners Association guide to learn more about this type of lien.

Texas HOA and COA Foreclosures
An article from legal self-help publisher Nolo on the foreclosure of assessment liens by a Texas property owners association.

Manufactured Housing

If you fall behind on your loan payments, the lender can foreclosure on a manufactured home in certain circumstances. See the resources below for more information on this type of lien.

Manufactured Home Foreclosures & Repossessions
An article from legal self-help publisher Nolo discussing manufactured housing foreclosures.

E-Books from the Texas State Law Library

You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online .

Texas foreclosure manual
This State Bar of Texas manual covers foreclosure laws and procedures in Texas including debt collection, secured loans, bid evaluation, alternatives to foreclosure, and the specifics of foreclosure: notice of sale, conducting the sale, post-sale considerations, and penalties. Includes forms, foreclosure sale sites, and further Internet resources for all Texas counties.
Texas real estate guide
This multi-volume set of e-books provides comprehensive coverage of real property law. Volume 1, Ch. 8 discusses nonjudicial foreclosures. Volume 4, Ch. 53 discusses real property security interests and Ch. 70 discusses property tax foreclosures. Volume 5, Ch. 100, §103.06 discusses property owners' association foreclosures.
Home foreclosures : including reverse mortgages, tax liens, condominium liens, land installment sales, and seizure of manufactured homes
With a foreclosure crisis looming, attorneys and homeowners alike will benefit from the straightforward information and advice this volume offers about foreclosure procedures and defenses.
The foreclosure survival guide : keep your house or walk away with money in your pocket
"If you're one of the millions Americans who are having trouble making your mortgage payments or are already in jeopardy of foreclosure, this guide will give you the practical information you need, including: the ins and outs of foreclosure; how to decide if you should try to keep your house; federal programs to help you avoid foreclosure; alternatives to foreclosure, such as short sales and deeds in lieu; delaying or avoiding foreclosure with bankruptcy; and avoiding foreclosure scams." - publisher's description
Real estate finance law
"This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction. " - publisher's description
Real estate finance in a nutshell
This nutshell provides a quick overview of real estate finance law and touches on the mortgage market, real estate financing devices, and the underlying obligation as well as rights and obligations after default and before foreclosure.