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Texas petition for release of excess proceeds 2026

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  1. Click ‘Get Form’ to open the Texas Petition for Release of Excess Proceeds in our editor.
  2. Begin by entering your name as the petitioner in the designated field. This identifies you as the individual seeking the release of excess proceeds.
  3. Fill in the case number and court details at the top of the form, ensuring accuracy to avoid any processing delays.
  4. In the section regarding property details, provide the billing number, parcel number, and legal description of the property sold at tax sale.
  5. Indicate the amount of excess proceeds deposited with the Clerk and date received. This is crucial for establishing your claim.
  6. Complete the notice of hearing section by filling in the scheduled date and time for your court appearance.
  7. Finally, review all entered information for accuracy before saving or printing your completed petition.

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There is no statute of limitations for unclaimed property. Funds reported will remain here indefinitely until returned to their rightful owner. The Texas Comptroller has authority to manage the State of Texas Unclaimed Property Program under Title 6 of the Texas Property Code (opens in a new tab).
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 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.
Per Section 34.04 of the Texas Property Tax Code, Movants are entitled to excess proceeds and request the Court to order the District Clerk to pay the amount due from the Registry of the Court to Movants.
Texas Law on Excess Proceeds 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. Time Limits: You must file a claim for excess proceeds within two years of the sale of the property.

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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.
Distribution of Excess Funds The clerk of the court will notify the former homeowner if there are any excess funds. The homeowner then has two years from the date of the sale to claim them.
How do I search for unclaimed property? Business and individuals can search for their unclaimed property at ClaimItTexas.gov.

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