Petition For Excess Proceeds In Texas
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How to fill out Texas Petition For Release Of Excess Proceeds And Notice Of Hearing?
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FAQ
Excess Proceeds is the amount of funds remaining after the Treasurer and Tax Collector sells a tax-defaulted property and recovers the taxes, penalties and costs.
(i) A fee charged by an attorney to obtain excess proceeds for an owner may not be greater than 25 percent of the amount obtained or $1,000, whichever is less. A person who is not an attorney may not charge a fee to obtain excess proceeds for an owner.
Section 34.04 - Claims for Excess Proceeds (a) A person, including a taxing unit and the Title IV-D agency, may file a petition in the court that ordered the seizure or sale setting forth a claim to the excess proceeds. The petition must be filed before the second anniversary of the date of the sale of the property.
The Excess Proceeds stay in the Registry unless and until the Court orders all or a part of it to be paid to someone who proves a right to all or part of the Excess Proceeds. At the end of two years, any of the Excess Proceeds remaining in the Registry are paid to the state.
1. Excess Proceeds: If more than $25 is left from the foreclosure sale of your home after the lien and any costs are paid, you are entitled to claim that money. 2. Time Limits: You must file a claim for excess proceeds within two years of the sale of the property.