Excess Proceeds Texas With Claim

State:
Texas
Control #:
TX-03500BG
Format:
Word; 
Rich Text
Instant download

Description

The Excess Proceeds Texas With Claim Form is designed for petitioners seeking to recover excess funds resulting from a tax sale of real property, as stipulated in Section 34.04 of the Texas Property Tax Code. The form allows the petitioner to present their case to the court, detailing the property sold, the parties involved, and the amount of excess proceeds available for distribution. Key features include sections for the property description, a notice of hearing, and a certificate of service to notify relevant parties. Filling out the form requires clear input of personal and property information, ensuring all necessary details are accurately communicated to the court. Attorneys, partners, and legal assistants will find this form essential for representing clients efficiently in tax sale cases, while enabling paralegals to support these efforts with precise document preparation. The form is also useful for property owners directly involved in seeking recovery of their funds. Legal professionals can streamline processes by using this comprehensive and straightforward form, which respects procedural requirements and promotes transparency in claims for excess proceeds.
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  • Preview Petition for Release of Excess Proceeds and Notice of Hearing
  • Preview Petition for Release of Excess Proceeds and Notice of Hearing

How to fill out Texas Petition For Release Of Excess Proceeds And Notice Of Hearing?

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FAQ

Foreclosure sales are held at the county courthouse on the first Tuesday of each month. Anyone may bid. After the auction, you do not have a right to buy back your property from the new owner unless it is being sold by a government entity, a tax lender, or for nonpayment of homeowner's association fees.

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.

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.

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Excess Proceeds Texas With Claim