Does an HOA lien come before your mortgage?
Reviewed by the OurHOA team · Updated June 2026
Whether an HOA assessment lien outranks your mortgage, how super-lien states give the HOA priority over a first mortgage, and what happens to the lien when a mortgage forecloses.
The short answer: usually the mortgage wins, but not always
In most states the rule is 'first in time, first in right' - whichever lien was recorded first has priority. Because a first mortgage is almost always recorded when the home is bought, it normally outranks an HOA's later assessment lien, so the HOA's claim sits behind the lender's. But a meaningful minority of states flip part of that ordering with what's called a 'super-lien,' giving the association priority over the first mortgage for a limited slice of unpaid dues. Which camp your state is in changes everything about who gets paid first and whose lien survives a foreclosure. This is a question of state statute and your recorded declaration, not something a board decides on its own.
The default rule - first in time, first in right
Priority generally follows recording order. A purchase-money mortgage recorded at closing typically takes first position; an assessment lien that attaches later, when you fall behind on dues, takes a junior position behind it. (Many declarations say the assessment lien 'relates back' to the recording date of the CC&Rs, but they almost always also state that the lien is subordinate to a first mortgage of record - lenders insist on that language before they'll finance homes in the community.) In a pure first-in-time state, that means if the bank forecloses, the HOA's older-but-subordinate claim can be wiped out, and if the HOA forecloses, it takes the home subject to the still-surviving mortgage. The association can place a lien and even foreclose it, but it does not leapfrog the bank - see our guide on whether an HOA can put a lien on your house for how that lien attaches in the first place.
Super-lien states - a priority slice ahead of the mortgage
Roughly twenty states plus the District of Columbia have adopted some version of the Uniform Common Interest Ownership Act's 'super-lien,' which gives the association lien priority over a first mortgage for a capped amount - most commonly six months of regular common-expense assessments (Colorado's Common Interest Ownership Act, C.R.S. §38-33.3-316, and Connecticut, Massachusetts, Minnesota, Nevada, New Jersey, Pennsylvania, Washington, D.C., and others use the six-month figure). The priority is only that slice, not the entire overdue balance - but it sits ahead of the bank. Nevada showed how powerful that can be: in SFR Investments Pool 1 v. U.S. Bank (2014), the Nevada Supreme Court held that foreclosing the super-priority piece of an HOA lien could extinguish a first deed of trust entirely, wiping out the lender's security (Nevada has since amended NRS 116.3116 to add notice protections). Lenders watch these states closely and often advance the delinquent dues themselves to protect their position.
What happens to the lien when the mortgage forecloses
If the lender forecloses in an ordinary first-in-time state, the foreclosure generally extinguishes the HOA's junior lien for assessments that came due before the sale - the association usually can't chase the old owner's pre-foreclosure debt against the new owner or the bank, beyond limited statutory carve-outs. Several states soften that with a 'safe harbor' that makes the foreclosing lender liable for a slice of back dues so the rest of the community isn't left covering them: Florida, for example, caps a first-mortgagee's liability for past-due assessments at the lesser of twelve months of regular dues or one percent of the original mortgage debt (Fla. Stat. §720.3085(2)(c)). The new owner is always responsible for assessments going forward from the date they take title. Because the rules differ so much by state, the only reliable answer comes from your state's community-association statute and your declaration.
Why priority matters and how to stay out of it
For a homeowner, priority is the difference between a delinquency that quietly accrues behind your mortgage and one that - in a super-lien state - can let the association foreclose ahead of the bank and cost you the home over a few months of dues. For a board, understanding priority is what makes a collection policy realistic: knowing whether your lien actually outranks the mortgage tells you whether foreclosure is a credible last resort or a near-empty threat. Either way, the cure is the same - don't let assessments slide, and if you've fallen behind, read our guide on what happens if you don't pay your HOA dues for the full escalation path. OurHOA helps small self-managed communities keep clean, dated assessment ledgers and lien records, so a board can see exactly who owes what and apply its collection policy the same way to everyone - the documentation that any priority fight ultimately turns on.
OurHOA is the friendly, affordable way self-managed communities keep dues, records, and reminders in one place. See how it works.
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.