Petition for Release of Excess Proceeds and Notice of Hearing - Texas 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the cause number and names of the parties involved at the top of the form. This sets the context for your petition.
  3. In section 1, fill in your name as the petitioner and specify the county where the property is located. This identifies you as the party seeking excess proceeds.
  4. List all parties entitled to notice in section 2, ensuring you include their names and addresses accurately for proper notification.
  5. In section 3, provide details about the property sold at tax sale, including billing number, parcel number, location, and legal description. This information is crucial for clarity.
  6. Complete sections 4 through 6 by detailing payments made to taxing authorities and specifying the amount of excess proceeds deposited with the court clerk.
  7. Finally, sign and print your name at the bottom of the form. Ensure all contact information is correct for any follow-up communication regarding your petition.

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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.
You could face tax consequences if you receive foreclosure surplus funds. The IRS might consider it taxable income, and you might need to report it on your federal tax return, which could increase your overall tax liability in the year you get the funds. The money could be taxable at the state level, too.
Distribution of Excess Funds If no other liens exist, or if there are additional funds after the junior liens have been paid, the rest of the funds may be available to the former homeowner. The clerk of the court will notify the former homeowner if there are any excess funds.
Property Tax Sale Procedures in Texas If you dont pay the delinquent amount, your home will be sold at a public auction to the highest bidder. The minimum bid must be at least the lesser of: the aggregate amount of the judgments against the property, or. the homes market value.
Texas Property Code 2021 Chapter 34 Subchapter B. Texas tax lien redemptions can occur for two years after a constable sale for property used as residence, property used as ag at beginning of suit or minerals, subject to 25% penalty during first 12 months and 50% penalty up to two years.

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People also ask

Yes. Texas law allows foreclosure after one year of unpaid property taxeseven if youre only behind by one bill. If you take no action to resolve your debt, you can lose your home in as little as one year. While some counties may offer payment plans or extended timelines, others proceed swiftly with foreclosure.
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.

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