A straight answer
Can I refinance or get a HELOC to pay off an HOA lien?
The direct answer
Yes, a HELOC or refinance is an option for paying off an HOA lien, subject to qualification and timing. As a broker, I can arrange a HELOC that leaves your first mortgage unchanged or a refinance that includes the HOA payoff at closing. Paying the full required payoff in time can resolve the debt behind the HOA's collection or foreclosure action; if foreclosure has started, an attorney should confirm the deadline and the steps needed to end it.
I'm Zach von der Linden (NMLS 1652805), a mortgage broker with West Capital Lending, based in San Clemente. You are not stuck, and an HOA notice with a lien or a sale date on it is a heavy thing to sit with. I put the financing together, and there are many options depending on the file. Which one fits depends on your equity, your income, your payment history, the title and any foreclosure deadline. Here is what happens next. You text me, I ask a few questions, and I tell you honestly what fits. No credit pull happens from a conversation. I work with homeowners in California, Utah, Oregon and Arizona.
Zach von der Linden, mortgage broker and Branch Manager, West Capital Lending · NMLS 1652805
Wholesale pricing · California, Utah, Oregon and Arizona
5.0 across 66 reviews on Experience.com (read on 2026-09-24) · Text reaches Zach directly · Last updated 2026-10-18
Received a foreclosure notice or a sale date?
Contact an attorney who handles HOA foreclosures in your state promptly. I can review financing, but I cannot advise on the foreclosure or promise that a loan will stop it.
Behind on HOA dues or received a lien notice? Text me the property state, roughly what the HOA says you owe, what you owe on the home and whether you have a foreclosure or sale notice. I will tell you what I need to review.
No credit pull happens from a text or a call. Texts and calls go to Zach's cell.
What happens after you text me?
Texts go straight to my cell, and I answer them myself when I'm free. I'll ask for the few details that actually matter, tell you whether the structure looks worth pursuing, and explain the next step. If I don't think the loan fits, I'll tell you that too.
A text or phone conversation does not pull your credit.
Why homeowners choose this
- Keep the first mortgage you already have. I can review a separate HELOC rather than replacing your existing first loan.
- Use loan proceeds for the payoff. With an eligible loan, the HOA balance can be paid through closing rather than entirely from your savings (Fannie Mae Selling Guide).
- Address the full amount owed. I work from a current payoff statement so the financing review accounts for the dues and any additional charges required to resolve the balance (Arizona Legislature).
- Choose between a HELOC and a refinance. I explain the costs and tradeoffs of each before you decide.
This replaces the HOA balance with borrowing secured by your home. You still need to repay the new loan and keep future HOA dues current.
Can an HOA foreclose on my house if my mortgage is current?
Yes, when the state's requirements are met. Your mortgage and your HOA assessments are separate obligations. An on-time mortgage does not protect the home from the association's lien. In all four states I work in, the statutes let an association enforce its lien by foreclosure, each with its own conditions, set out below. An attorney needs to read your notice against your state's rules.
Can I get a HELOC to pay overdue HOA dues and keep my first mortgage?
Yes. A home equity line sits behind your first mortgage and leaves it as it is. The line can pay the association's payoff at closing, through title and escrow. Before anything is submitted, I review the delinquency, your equity, your income, the lien position and the program's requirements. I offer a lump-sum home equity loan as well as a HELOC, and I compare the two.
The keep your first mortgage page covers how a second loan works next to a first mortgage you want to keep.
Can the HOA lien be paid off at closing?
Yes, that is how I set it up. You do not have to clear the lien with your own cash first. Title and escrow request a current payoff from the association and pay it from the loan. The association then releases the lien. In California, the association must record a release within 21 days of payment.
Ask for an updated, itemized payoff, not just the original overdue dues. Collection costs, late charges and attorney fees may have been added. Arizona and Oregon require the association to provide a written statement of what is owed on request. In California, the notice sent before a lien is recorded must include an itemized statement.
For loans sold to Fannie Mae, the guide says delinquent credit, including "liens that have the potential to affect Fannie Mae's lien position or diminish the borrower's equity," "must be paid off at or prior to closing" (Fannie Mae Selling Guide B3-6-07). Home equity line programs set their own rules. That guide topic is not proof that every program accepts an active HOA collection case.
Would refinancing make more sense than adding another loan?
I compare both when both are available. A cash-out refinance replaces your first mortgage and can include the HOA payoff. A home equity line leaves the first mortgage in place. I look at the costs, the ongoing payment and your reason for borrowing, not just whether the lien can be paid.
If other debts are part of the picture, using home equity to pay off credit cards walks through that comparison.
How much time do I need to pay off an HOA lien before a sale?
Tell me the deadline first. I need the current payoff, the title information, your income documents and the program's requirements before I discuss timing. I cannot promise that a loan will close before a scheduled sale date. Signing loan documents and having the money available are not always the same thing.
On a home equity line secured by the home you live in, federal law gives you until midnight of the third business day to cancel, and no money is disbursed, other than into escrow, until that period ends (12 CFR 1026.15). A refinance of the home you live in with a new lender carries the same right (12 CFR 1026.23). The CFPB counts Saturdays as business days, but not Sundays or legal public holidays. I build that wait into the calendar.
Should I ask the HOA for a payment plan instead of taking a loan?
Yes, ask. If a workable payment plan resolves the arrears without a new secured loan, I would compare that first. If the balance is disputed or foreclosure papers have arrived, speak with an attorney rather than waiting on a financing decision.
In California, an owner may submit a written request to meet with the board to discuss a payment plan (Civil Code 5665). The law requires the meeting, not the plan. A payment plan does not stop a California association from recording a lien. In Arizona, the board must make reasonable efforts to communicate and offer a reasonable payment plan before filing a foreclosure action (A.R.S. 33-1807). Neither state lets the owner set the terms alone. In Utah and Oregon, ask the association in writing what it offers.
Could a private loan help with an HOA lien in Utah?
For a Utah investment property, yes. I arrange Utah hard money loans through West Capital Lending by placing them with private investors I work with. I would check the property, the loan purpose, the deadline and how the loan gets paid off. A home you live in gets a separate review. The Utah hard money page covers how those loans work.
Do HOA lien and foreclosure rules differ in California, Utah, Oregon and Arizona?
Yes. I handle the financing review; an attorney decides which rules apply to your property and your notice. These are the statutes as I read them on October 18, 2026, one rule per line. Nothing here is legal advice.
California
- The association must send a certified-mail notice with an itemized statement at least 30 days before it records a lien (Civil Code 5660).
- Only the board can decide to record a lien, by a majority vote in an open meeting (5673).
- The lien takes effect when the association records a notice of delinquent assessment with the county recorder (Civil Code 5675).
- The association must offer dispute resolution before it starts a foreclosure (5705).
- It cannot foreclose until the unpaid assessments reach an amount the statute sets or are more than 12 months delinquent (Civil Code 5720).
- Late charges, collection costs, attorney fees and interest do not count toward that amount (5720).
- A sale can be by a court or by a trustee (5700).
- After a trustee sale, the owner has a right of redemption that ends 90 days after the sale (5715).
Arizona
- The association has a lien for an assessment from the time the assessment becomes due (A.R.S. 33-1807).
- Recording the declaration perfects that lien, so no separate lien filing is required.
- The lien comes after a recorded first mortgage and real estate taxes.
- The lien may be foreclosed in the same manner as a mortgage, but only after the owner has been delinquent for eighteen months or owes an amount the statute sets, whichever comes first.
- Before filing a foreclosure action, the board must make reasonable efforts to communicate with the owner and offer a reasonable payment plan.
- The association's lien for what the statute calls member expenses, such as monetary penalties, may not be foreclosed.
- On written request, the association must provide a statement of what is owed within ten days.
- The condominium statute carries the same rules (A.R.S. 33-1256).
Utah
- Recording the declaration perfects the association's lien (Utah Code 57-8a-301).
- A first or second mortgage comes ahead of the lien only if it was recorded before the association's recorded notice of lien.
- The association may foreclose through a court, or sell the home without a court as though the lien were a deed of trust (Utah Code 57-8a-302).
- A sale without a court requires a qualified trustee.
- The association must send a certified-mail notice at least 30 days before it starts a sale without a court (57-8a-303).
- The owner may then demand a court foreclosure instead, in writing, within 30 days.
- A sale without a court is not allowed if the lien includes a fine.
- A sale without a court is also not allowed unless the lien includes an assessment that is more than 180 days delinquent.
- The condominium statutes carry the same rules (57-8-44 to 57-8-46).
Oregon
- The association's lien includes interest, late charges, attorney fees and costs (ORS 94.709; ORS 100.450 for condominiums).
- Recording the declaration perfects the lien.
- The association must record a notice of claim of lien before a foreclosure suit can proceed.
- The lien comes after tax liens and a first mortgage or trust deed of record, with narrow exceptions for condominiums.
- A foreclosure follows the lien foreclosure procedure in ORS chapter 87, brought in circuit court.
- On written request, the association must give the owner a statement of what is owed within 10 business days (94.670; 100.480).
Source note, read October 18, 2026: Newsweek (September 22, 2026) reported that an Arizona association that had foreclosed on a Mesa home over missed HOA payments later agreed to reverse course and work out a payment plan, and that its attorney said it had stayed the proceedings. This page names no one in that case, and nothing here suggests that a loan would have changed it.
What should I send first?
- The property state, and whether you live in the home or rent it out.
- The latest HOA statement or demand letter, and any lien or foreclosure notice, word for word.
- Any sale date or court date.
- Your first mortgage statement, and any second loan statement.
- Whether you are current on the mortgage.
Send the notices and your documents through the secure process I give you when we talk, not by ordinary text. A conversation does not pull your credit.
Questions people ask next
Does an HOA lien show up on my credit report?
Do not count on the credit report to tell you. In Arizona, Utah and Oregon, recording the declaration perfects the association's lien, so no separate lien filing is needed for it to exist. I read the HOA statement and the title report, not just your credit report.
Does applying for a HELOC stop an HOA foreclosure?
No. Do not rely on an application or a preliminary approval to postpone a sale. I handle the financing, and your attorney handles the foreclosure.
Can an HOA foreclose over fines alone?
California, Arizona and Utah limit it. In California, a penalty for breaking the rules may not be treated as an assessment that can become a lien enforced by sale. In Arizona, the association's lien for what the statute calls member expenses, such as monetary penalties, may not be foreclosed. In Utah, a sale without a court is not allowed if the lien includes a fine. For Oregon, or for your own notice, ask an attorney.
What if I am also behind on my mortgage?
Tell me up front. I need to review both payment histories and both deadlines before I discuss what is available.
Will paying my overdue dues fix my condo financing problem?
Not by itself. Your account and the condo project are reviewed separately. Paying your balance does not show that the building's insurance, repairs or budget meet a program's requirements. Why won't my condo qualify for financing? covers the project side.
What clients say
Zach was so easy to work with. He made a stressful situation into a very positive experience for us and did push us one way or another. He listened to what we hoped we could accomplish and made it happen.
Word for word from Experience.com. Read all reviews.
Sources and checked dates
Sources: Confirmed by Zach, October 2026 (checked 2026-10-18) · California Civil Code sections 5655, 5660, 5665, 5673, 5675, 5680 and 5685 (checked 2026-10-18) · California Civil Code sections 5700, 5705, 5715, 5720 and 5725 (checked 2026-10-18) · Arizona Revised Statutes 33-1807 and 33-1256 (checked 2026-10-18) · Utah Code 57-8a-301, 57-8a-302 and 57-8a-303 (checked 2026-10-18) · ORS 94.709, 94.670, 100.450 and 100.480, and ORS 87.060, Oregon Revised Statutes, 2025 Edition (checked 2026-10-18) · CFPB, Regulation Z 12 CFR 1026.15 and 1026.23 (checked 2026-10-18) · Fannie Mae Selling Guide, B3-6-07, Debts Paid Off At or Prior to Closing (04/05/2023) (checked 2026-10-18) · Zach von der Linden, statement to this site (2026-10-16) (checked 2026-10-16) · Newsweek (September 22, 2026) (checked 2026-10-18) · CFPB, What is a HELOC? (checked 2026-09-27).
Show each claim on this page, what it depends on, and the date it was checked (11)
| What we say, and what it depends on | Source | Checked |
|---|---|---|
| Zach can arrange a home equity line that keeps the existing first mortgage as it is and pays off an HOA lien, or a refinance that pays the HOA lien off at closing. He offers a lump-sum home equity loan as well as a HELOC. There are many options depending on the file. | Confirmed by Zach, October 2026 | 2026-10-18 |
| California Civil Code, Davis-Stirling Act, Chapter 8, Article 2. Section 5655(a): payments "shall first be applied to the assessments owed, and, only after the assessments owed are paid in full shall the payments be applied to the fees and costs of collection, attorney's fees, late charges, or interest." Section 5660: "At least 30 days prior to recording a lien" the association "shall notify the owner of record in writing by certified mail," including an itemized statement of the charges and "The right to request a meeting with the board as provided in Section 5665." Section 5665(a): an owner "may submit a written request to meet with the board to discuss a payment plan," and (d) "Payment plans shall not impede an association's ability to record a lien". Section 5673: "the decision to record a lien for delinquent assessments shall be made only by the board and may not be delegated to an agent of the association," approved "by a majority vote of the directors in an open meeting." Section 5675(a): the amounts become a lien "from and after the time the association causes to be recorded with the county recorder" a notice of delinquent assessment. Section 5680: the lien "shall be prior to all other liens recorded subsequent to the notice of delinquent assessment". Section 5685: a lien release is recorded within 21 days of payment. | California Civil Code sections 5655, 5660, 5665, 5673, 5675, 5680 and 5685 | 2026-10-18 |
| California Civil Code, Davis-Stirling Act, Chapter 8, Article 3. Section 5700(a): after 30 days following the recording of the lien, it "may be enforced in any manner permitted by law, including sale by the court, sale by the trustee". Section 5705(b): "Prior to initiating a foreclosure" the association "shall offer the owner and, if so requested by the owner, participate in dispute resolution"; (c) the decision to foreclose "shall be made only by the board and may not be delegated," by "majority vote of the directors in an executive session" "at least 30 days prior to any public sale." Section 5715(b): "A nonjudicial foreclosure ... shall be subject to a right of redemption. The redemption period ... ends 90 days after the sale." Section 5720(b): an association may not collect delinquent assessments below a dollar amount the statute sets "through judicial or nonjudicial foreclosure," counted "not including any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest," unless the assessments secured by the lien "are more than 12 months delinquent." Section 5725(b): a monetary penalty for a violation of the governing documents may not be treated "as an assessment that may become a lien" enforceable by sale. | California Civil Code sections 5700, 5705, 5715, 5720 and 5725 | 2026-10-18 |
| A.R.S. 33-1807 (planned communities) and 33-1256 (condominiums), current text. (A): "The association has a common expense lien on a property for any assessment levied against that property from the time the assessment becomes due." The lien "may be foreclosed in the same manner as a mortgage on real estate but may be foreclosed only if the owner has been and remains delinquent in the payment of any assessment or portion of the assessment for a period of eighteen months or in" a dollar amount the statute sets, "whichever occurs first, as determined on the date the action is filed." "The association board of directors shall exercise reasonable efforts to communicate with the member and offer a reasonable payment plan before filing a foreclosure action." (B): the association's lien for member expenses (defined in 33-1802 as fees, charges, late charges and monetary penalties or interest) "may not be foreclosed". (C): the lien is prior to all other liens except liens recorded before the declaration, "A recorded first mortgage on the property", and liens for real estate taxes. (F): "Recording the declaration constitutes record notice and perfection of the common expense lien." (J): on written request the association "shall furnish the statement within ten days after receipt of the request." (L): a notice by certified mail at least thirty days before an attorney or collection agency is authorized to collect. | Arizona Revised Statutes 33-1807 and 33-1256 | 2026-10-18 |
| Utah Community Association Act. 57-8a-301 (effective 7/1/2024): "The recording of a declaration constitutes record notice and perfection of a lien"; the lien has priority over each other lien except one recorded before the declaration, "a first or second security interest on the lot secured by a mortgage or trust deed that is recorded before a recorded notice of lien by or on behalf of the association", or a lien for real estate taxes. 57-8a-302: an association may "cause a lot to be sold through nonjudicial foreclosure as though the lien were a deed of trust" or "foreclose the lien through a judicial foreclosure", and a power of sale "may not be exercised unless the association appoints a qualified trustee." 57-8a-303 (effective 5/12/2020): "At least 30 calendar days before" a nonjudicial foreclosure begins, the association must deliver notice by certified mail; the owner may demand judicial foreclosure within 30 days; and nonjudicial foreclosure is not available if "the lien includes a fine" or if "the lien does not include an assessment ... that is delinquent more than 180 days after the day on which the assessment is due." The Condominium Ownership Act (57-8-44 to 57-8-46) carries the same rules. | Utah Code 57-8a-301, 57-8a-302 and 57-8a-303 | 2026-10-18 |
| Oregon Revised Statutes, 2025 Edition. ORS 94.709 (planned communities) and 100.450 (condominiums): the association "shall have a lien" for unpaid assessments, and "The lien includes interest, late charges, attorney fees, costs or other amounts" under the governing documents. "Recording of the declaration constitutes record notice and perfection of the lien for assessments," and the association "shall record a notice of claim of lien" "before any suit to foreclose may proceed". The planned-community lien is prior to all other liens except "(a) Tax and assessment liens; and (b) A first mortgage or trust deed of record"; the condominium lien has the same exceptions, with narrow statutory routes to priority over a first mortgage in 100.450. Foreclosure proceedings "shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010," and ORS 87.060 says such a suit "shall be brought in circuit court"; a lien may be continued for up to six years from the date the assessment is due. ORS 94.670(8) and 100.480(8): the association "shall provide, within 10 business days of receipt of a written request from an owner, a written statement" of the assessments, fines, interest and late charges due. | ORS 94.709, 94.670, 100.450 and 100.480, and ORS 87.060, Oregon Revised Statutes, 2025 Edition | 2026-10-18 |
| Regulation Z, 12 CFR 1026.15 (open-end credit secured by the consumer's principal dwelling) and 1026.23 (closed-end): the consumer may rescind "until midnight of the third business day following" the later of the transaction, delivery of the notice or delivery of all material disclosures, and "no money shall be disbursed other than in escrow ... until after the rescission period has expired and the creditor is reasonably satisfied that the consumer has not rescinded." 1026.23(f) exempts "A residential mortgage transaction" (a purchase) and "A refinancing or consolidation by the same creditor of an extension of credit already secured by the consumer's principal dwelling," except to the extent the new amount financed exceeds the unpaid balance. The CFPB adds that "business days include Saturdays, but not Sundays or legal public holidays." | CFPB, Regulation Z 12 CFR 1026.15 and 1026.23 | 2026-10-18 |
| Fannie Mae Selling Guide B3-6-07, Debts Paid Off At or Prior to Closing (04/05/2023): delinquent credit, "including taxes, judgments, charge-offs of non-mortgage accounts (see below for exceptions), tax liens, mechanic's or materialmen's liens, and liens that have the potential to affect Fannie Mae's lien position or diminish the borrower's equity," "must be paid off at or prior to closing." | Fannie Mae Selling Guide, B3-6-07, Debts Paid Off At or Prior to Closing (04/05/2023) | 2026-10-18 |
| Zach arranges Utah hard money loans through West Capital Lending by placing them with private investors he works with. The private-investor placements and his compensation run through West Capital Lending as his sponsoring brokerage. The loan funds come from the investors; West Capital Lending is the brokerage, not the source of the funds. | Zach von der Linden, statement to this site (2026-10-16) | 2026-10-16 |
| The Mesa Tribune (September 13, 2026, updated September 29) reported that a homeowners association in Mesa, Arizona foreclosed on a home over unpaid assessments and bought it at a public auction in October 2025. Realtor.com (September 21, 2026) reported that the association "reversed course and agreed to work out a payment plan." Newsweek (September 22, 2026) quoted the association's attorney saying it "has stayed all proceedings in this matter to try and resolve the matter." | Newsweek (September 22, 2026) | 2026-10-18 |
| The CFPB describes a HELOC as an open-end line of credit for borrowing repeatedly against home equity, says draw and repayment periods vary, and warns that falling behind could cost you your home. | CFPB, What is a HELOC? | 2026-09-27 |
Written for and accountable to: Zach von der Linden, Mortgage broker and Branch Manager, West Capital Lending.
Last updated 2026-10-18.
Verify him: NMLS Consumer Access, ID 1652805 · 66 reviews on Experience.com.
Sources for product claims are listed on this page, with the date each was checked.