If my house gets foreclosed on can the HOA still pursue unpaid payments?

Most homeowners' associations are non-profit corporations, and are subject to state statutes that govern non-profit corporations and homeowners' associations. State oversight of homeowners associations is different from state to state. In some states such as Florida and California, there are strong bodies of homeowners' association law while other states have virtually no homeowner association law such as Massachusetts.

An HOA provides people with shared neighborhood values an opportunity to enforce regulations and to achieve a community representative of such values.  Each member of a homeowners' association pays assessments that are used to cover the expenses of the community at large. Some examples are landscaping for the common areas, maintenance and upkeep of community amenities, insurance for commonly-owned structures and areas, mailing costs for newsletters and other correspondence, employment of a management company or on-site manager, security personnel and gate maintenance, and any other item delineated in the governing documents or agreed to by the Board of Directors.

Given that the homeowners' association is a legal entity, relevant law would still apply in the event of a foreclosure.  Depending of your arrangement with your lender and the HOA, you may still have an obligation to the unpaid HOA payments.

Please consult with a Foreclosure Attorney or Real Estate Attorney to learn the proper course of action to take in this case.