Texas counties hold excess proceeds from delinquent property tax sales. If your home was sold at a tax foreclosure auction for more than the taxes owed, you have a limited time to claim what's left.
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Texas property tax foreclosure sales are run at the county level, typically on the first Tuesday of each month at the courthouse steps. When a parcel sells for more than the delinquent taxes, penalties, and costs, the excess proceeds are deposited with the District Clerk or County Treasurer.
Texas operates with a redemption right. Owners of homestead and agricultural property generally have two years to redeem; non-homestead, non-ag property has six months. Excess proceeds claims interact with this redemption period — timing matters.
Texas regulates surplus-fund finders directly. Property Code § 51.0076 caps the contingency fee at 25% of the recovered amount, and the statute applies whenever the recovery exceeds $1,000. Below that threshold the cap doesn't apply, but most claims are well above it.
Not every property sale generates a surplus, and the rules vary by source. Here's what we look for in Texas.
When delinquent-tax property sells for more than taxes, penalties, interest, and costs, the surplus is held by the District Clerk or County Treasurer. Texas Tax Code § 34.04 governs claims.
Texas is a non-judicial foreclosure state for most mortgage foreclosures. Trustee's sale surplus is distributed by the trustee, with junior lienholders taking priority before the former owner.
Texas has its own timelines and rules. Here are the key facts that drive a successful claim.
We monitor all 254 Texas counties — these are just the largest.
We work on contingency. If we don't recover funds, you owe us nothing.
Funds flow through Escrow.com. We follow each state's finder rules — including Texas's.
You always have the right to file a claim independently in Texas, at no cost.
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Two years from the date the deed to the property is filed for record. After that, unclaimed proceeds are typically distributed to the taxing units that participated in the sale.
Texas Property Code § 51.0076 caps the contingency fee at 25% of the recovered amount when the recovery exceeds $1,000. Any agreement that violates the cap is unenforceable.
Redemption lets you buy your property back from the tax-sale purchaser within the redemption period. Excess proceeds is what's left over from the sale price after taxes and costs are paid — a separate cash claim that doesn't restore ownership.
No. You can file directly with the District Clerk or County Treasurer. Our service is for owners who want professional help navigating the paperwork and lien-priority issues.
Generally the order is: remaining taxes, recorded lienholders by lien date, then the former owner. The court resolves disputes when claims overlap.