The Texas Property Tax Code allows for the collection of local taxes for counties, cities, schools and other local taxing entities on the value of property held in the county by property owners. When those taxes remain unpaid after a certain time, the taxing entities are able to bring a lawsuit for the collection of the taxes against the property owner. If left unresolved the taxing entities have the ability to request that the properties be sold to satisfy what is owed.
These sales take place at a public auction conducted by the Sheriff or Constable of the County on the first Tuesday of the month. The minimum bid at the sale is the amount to satisfy what is owed in the Judgment. If more than one person bids on the property the sales price is bid up above this minimum resulting in what is called excess proceeds. This money is held by the District Clerk after the sale. The law allows the former owner(s) (prior to the tax sale) and sometimes their lienholders to petition for these funds.
The law provides that a petition must be filed within two years of the sale. There is a process to petition the court to claim the excess funds. Ultimately the Court has to rule and sign an Order which allows the Clerk to disburse the money to those the Court finds that are entitled to it. If a petition is not filed within two years of the sale, then by default the taxing entities get to keep what is left as a windfall.
My office has represented hundreds of clients in their claims for excess proceeds in over 40 counties around the State of Texas. The sooner you file your claim, the sooner you will recover the most of the funds you are entitled to. My office will provide a free evaluation of your claim and if you hire my office there are no attorney's fees unless we recover funds on your behalf.
FOR MORE INFORMATION PLEASE CALL ME AT 972-938-9303 OR TOLL FREE 877-258-1989.
EXCESS PROCEEDS ATTORNEY
LAW OFFICES OF BRETT L. BIGHAM, PLLC