• Legal Topics
  • Research Laws
  • Find a Lawyer
  • Legal Forms

LawServer

Texas Tax Code 34.04 – Claims for Excess Proceeds

lawyer at desk

Ask a legal question, get an answer ASAP! Click here to chat with a lawyer about your rights.

Terms Used In Texas Tax Code 34.04

  • Deed : The legal instrument used to transfer title in real property from one person to another.
  • Defendant : In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence : Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreclosure : A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • in writing : includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Intestate : Dying without leaving a will.
  • Lien : A claim against real or personal property in satisfaction of a debt.
  • Person : includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property : means real and personal property. See Texas Government Code 311.005
  • Rule : includes regulation. See Texas Government Code 311.005
  • Signed : includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • sworn : includes affirm or affirmed. See Texas Government Code 312.011
  • Taxing unit : means a county, an incorporated city or town (including a home-rule city), a school district, a special district or authority (including a junior college district, a hospital district, a district created by or pursuant to the Water Code, a mosquito control district, a fire prevention district, or a noxious weed control district), or any other political unit of this state, whether created by or pursuant to the constitution or a local, special, or general law, that is authorized to impose and is imposing ad valorem taxes on property even if the governing body of another political unit determines the tax rate for the unit or otherwise governs its affairs. See Texas Tax Code 1.04
  • Testify : Answer questions in court.

assignment of excess proceeds texas

Business White Logo

Phone:  713-547-5460

1700 Post Oak Blvd 

2 BLVD Place Suite 610

Houston, TX 77056

assignment of excess proceeds texas

Call Us At : 713-547-5460

Business White Logo

Excess Funds from a Foreclosure Sale: Texas Law in Plain Language

If you’re going through foreclosure of your home or other property, the entire process can be stressful and full of bureaucratic notices and deadlines. But whether you’re still in the process or on the other side, it’s important to understand your rights under Texas law.

assignment of excess proceeds texas

Texas Foreclosures and Excess Proceeds

If you have an unpaid tax lien, a mechanics lien, or a mortgage you aren’t paying, the lien holder may ask the court for a judgment against you and order the sale of your home. The county will then auction it to the highest bidder and use the proceeds to pay off the lien. But if any funds are left after all the liens on your property and the costs of foreclosing and selling are paid, you may be entitled to anything left over. These are called the “ excess proceeds .”

Texas Law on Excess Proceeds

Texas Tax Code §34.04   details the law about how and when you can recover excess proceeds from a foreclosure sale. But the tax code is dense and complex, so what does it really mean?

  • 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.
  • Documentation: You must attach the proper documentation in your petition for the excess money, including the transfer or assignment document, the current deed, and the deed when you owned it.
  • Multiple Owners: If there is more than one former owner of the property, the court will assign the proceeds “as the interests of each may appear.” So, if you own the property jointly with two other people, the court will assign the proceeds to each of you equally.
  • Assignments: If you assign the excess proceeds, the court can’t order they be paid more than 125% of what the assignee paid you for the assignment. State law also contains complex rules about how and when you can assign your interest in excess proceeds to someone else.

Hire an Experienced Surplus Funds Recovery Attorney

If you’re going through a foreclosure sale, you don’t have to navigate this complex process alone. Manfred Law can help. The attorneys at Manfred Law have been helping people like you in the Houston area for years. Call them at  713-547-5460 or  contact them online  to schedule your consultation.  

assignment of excess proceeds texas

Who Can File a Wrongful Death Lawsuit in Texas?

assignment of excess proceeds texas

Mergers & Acquisitions: A Comprehensive Guide for Texas Businesses

assignment of excess proceeds texas

Why You Need a Commercial Transactions Attorney in Texas

assignment of excess proceeds texas

Navigating Motor Vehicle Accidents

assignment of excess proceeds texas

How a Commercial Real Estate Transactions Attorney Can Help You in Texas

assignment of excess proceeds texas

Why You Should Hire an Attorney for Business Litigation in Texas

assignment of excess proceeds texas

Hiring a Business Formation Attorney

assignment of excess proceeds texas

Understanding Compensation in Texas Personal Injury Cases

assignment of excess proceeds texas

Hiring a Motor Vehicle Accidents Attorney in Texas

assignment of excess proceeds texas

Residential Real Estate Transactions in Texas

Request a consultation.

Mr. Sternberg’s track record and experience of working with clients from the earliest stages of their cases allows him to bring a uniquely broad-based perspective to the matters he handles.

Homepage FCE Form

By submitting this form, you agree to be contacted by our law firm, either by phone, text or by email.

Practice Areas

Business Law

Civil Litigation

Uniform Enforcements of Foreign Judgments

Excess Proceeds

Real Estate Law

Personal Injury

Contact Information

Phone:    713-547-5460

201 St. Charles Avenue

Suite 2500 PMB # 8873

 New Orleans, LA 70170

Disclaimer : The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

© Copyright 2023  |  All Rights Reserved  |  Manfred Sternberg & Associates   |  Powered By   Convert It Marketing     |    Privacy Policy

IMAGES

  1. Texas petition for release of excess proceeds and notice of hearing

    assignment of excess proceeds texas

  2. Excess proceeds list texas: Fill out & sign online

    assignment of excess proceeds texas

  3. PPT

    assignment of excess proceeds texas

  4. Jefferson County, Texas Motion to Release Excess Proceeds

    assignment of excess proceeds texas

  5. Fillable Online Assignment Of Proceeds Form

    assignment of excess proceeds texas

  6. Fillable Online REQUEST FOR DISBURSEMENT OF EXCESS PROCEEDS Fax Email

    assignment of excess proceeds texas

VIDEO

  1. Transfer on Death Deeds in Texas

  2. State Fair of Texas wraps up, donates excess food to North Texas families

  3. Jacob deGrom with 5 K's before his MLB return

  4. Excess Funds, Overages, Excess Proceeds Business

  5. What is Happening in the Real Estate Market in July 2024?

  6. Texas Mortgage excess proceeds and overages list June 2023