LiensTX
Texas HOA Assessment Lien Priority: Where It Stands vs. Your Mortgage
By The HOARebel Team · May 26, 2026 · 2 min read
When a Texas home has both a mortgage and an HOA assessment lien, which one comes first? The answer surprises people, because Texas handles it differently from some other states. This is general information, not legal advice. The rules here come from the association's recorded dedicatory instrument (declaration/CC&Rs), general Texas lien law, and Chapter 209 of the Property Code working together.
No statutory "super-priority" in Texas
Unlike some states that give association liens a limited priority over a first mortgage by statute, Chapter 209 does not create a super-priority for a property owners' association's assessment lien. Section 209.0094 makes a filed lien a legal instrument affecting title, but it does not rank the lien ahead of earlier-recorded interests.
Priority comes from the declaration and recording order
In practice, an assessment lien's position is governed by:
- The dedicatory instrument. Many Texas declarations expressly subordinate the assessment lien to a first mortgage (a first vendor's lien or first deed of trust). Where they do, the mortgage comes first.
- Recording order. Absent subordination language, ordinary "first in time, first in right" principles generally apply between recorded interests.
The upshot: a first mortgage recorded before the lien — or expressly given priority in the declaration — typically outranks the HOA's assessment lien.
Inferior lienholders get notice before foreclosure
Texas also protects other lienholders. Before foreclosing, the association must notify holders of inferior, deed-of-trust-evidenced liens and give them a chance to cure:
"provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust" — §209.0091(a)(1), Tex. Prop. Code
The bigger picture
Texas assessment-lien priority isn't set by a statutory super-priority — it depends on the declaration's subordination terms and recording order, with first mortgages commonly coming first. Because priority disputes turn on the specific documents and chain of title, a licensed Texas attorney is the appropriate resource. For how the lien is created, see Texas HOA Assessment Liens Explained; for enforcement, see Can My HOA Foreclose on My Home in Texas?.
Frequently asked questions
Does a Texas HOA lien automatically beat my mortgage?
Generally no. Texas doesn't grant a statutory super-priority; many declarations subordinate the assessment lien to a first mortgage, and recording order otherwise governs.
What determines priority then?
The association's dedicatory instrument (including any subordination language) and ordinary recording-order principles, rather than a special statute.
Do other lenders get warned before an HOA forecloses?
Yes. Section 209.0091 requires the association to notify inferior lienholders of record whose liens are evidenced by a deed of trust, and give them a chance to cure.