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.
To buy a home through a HUD Pre-Foreclosure Sale, you must use a HUD-approved real estate agent and follow set guidelines. Rules of a HUD Pre-Foreclosure Sale include: You cannot be related to the homeowner. You must offer at least 88 percent of the home's appraised value in the first 30 days of the sale.
Tax Implications of Surplus Funds Whether the surplus funds from a foreclosure sale are taxable can depend on individual circumstances and how they align with tax regulations. Generally, these funds might be considered taxable income, and the homeowner may need to report them as such on their income taxes.
The former owner will have to petition the county to turn over the surplus funds. If no one petitions to recover them, the surplus funds generally can be held by the county for two years before they are distributed to the taxing bodies that foreclosed on the property.
Because of the way most mortgage loans are structured, this means a borrower will likely have to miss four payments before the foreclosure process begins. However, once it is initiated, foreclosure can proceed rapidly in Texas.
You'll need to act quickly to claim surplus funds after the foreclosure sale. A limited amount of time will be available for you to get the funds. The exact amount of time you'll get depends on state procedures. You can apply to either the foreclosure trustee or the court to get the foreclosure excess proceeds.
Courts Handle the Foreclosure Process in Kentucky When it is determined that a borrower is in default on a loan, the lender files a foreclosure suit with the circuit court. Typically, the homeowner does not respond to the filing, so the court issues a default judgment for the lender.
Most foreclosures are public records, requiring a notice of default to be filed against the property. A title co can help with that.
Public records Throughout the foreclosure process, various legal notices must be filed in your County Recorder's Office. This information is public record and available to anyone. Just visit your county's office and you can search for a Notice of Default (NOD), lis pendens or Notice of Sale.
The Foreclosure Statement will be sent on your email address, within 3 days from the date of request. Foreclosure Statement for Personal Loan is issued only after 180 days from the date of disbursement of the loan.