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If a mortgage lender is forced to foreclose on a property with an outstanding, unpaid loan, there is probably nothing in any association structure that would protect a home from this bank action -- in any US state.

Read your governing documents to determine whether or not the HOA can sell your property in order to satisfy debts that you owe.

Another PerspectiveIn most states the HOA must file a civil action for unpaid fees and win a judgment lien. The authority to take property to satisfy a lien is derived from law, after due process, and not from any provisions of an HOA. State laws vary on the priority of the lien. Generally any existing mortgage and any existing tax liens take priority to the HOA lien. Should the HOA foreclose on the home, it receives proceeds from the sale only after paying off any superior liens. Most HOA liens do not result in a foreclosure sale since the legal costs are high.

The property cannot be sold or mortgaged until the lien is paid. The lien is generally paid from the proceeds of a sale to a new owner before the net proceeds are turned over to the seller.

For greater detail regarding lien foreclosures in a particular state you need to research the laws in that state.

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Q: Which US states allow HOA Foreclosures?
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