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Texas Petition for Release of Excess Proceeds and Notice of Hearing

Texas Petition for Release of Excess Proceeds and Notice of Hearing

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The document is a legal petition filed in a Texas District Court by a petitioner seeking the release of excess proceeds from a tax sale of real property. It outlines the background of the case, including the sale details, parties involved, and the amount of excess funds deposited with the court. The petitioner requests an order for disbursement of these funds and provides notice of a hearing regarding this petition.

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How to claim excess funds in Texas?

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.

What happens to excess proceeds from a foreclosure sale in Texas?

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.

What happens when your property is sold for back taxes in Texas?

On the other hand, when a property becomes delinquent on its tax owed, the county can sell the property to the highest bidder after obtaining a court order to do so. The sale proceeds are used to pay off a property owners unpaid taxes and penalties, with any extra going to the property owner.

What is a petition for release of excess proceeds in Texas?

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.

What is the redemption period in Texas?

If the real estate was homestead or agricultural property, the original owner may redeem the real estate within two years after the date the purchasers deed was filed. If the real estate was not homestead or agricultural property, the redemption period is shortened to 180 days.

What is the law on excess proceeds in Texas?

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.

How much are attorney fees for excess proceeds in Texas?

(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.

Texas Petition for Release of Excess Proceeds and Notice of Hearing

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