Sec. 34.04 of the Texas Tax Code provides in part as follows:
(a) A person, including a taxing unit, 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. The petition is not required to be filed as an original suit separate from the underlying suit for seizure of the property or foreclosure of a tax lien on the property but may be filed under the cause number of the underlying suit.
(b) A copy of the petition shall be served, in the manner prescribed by Rule 21a, Texas Rules of Civil Procedure, as amended, or that rule's successor, on all parties to the underlying action not later than the 20th day before the date set for a hearing on the petition.
(c) At the hearing the court shall order that the proceeds be paid according to the following priorities to each party that establishes its claim to the proceeds:
(1) to the tax sale purchaser if the tax sale has been adjudged to be void and the purchaser has prevailed in an action against the taxing units under Section 34.07(d) by final judgment;
(2) to a taxing unit for any taxes, penalties, or interest that have become due or delinquent on the subject property subsequent to the date of the judgment or that were omitted from the judgment by accident or mistake;
(3) to any other lienholder, consensual or otherwise, for the amount due under a lien, in accordance with the priorities established by applicable law;
(4) to a taxing unit for any unpaid taxes, penalties, interest, or other amounts adjudged due under the judgment that were not satisfied from the proceeds from the tax sale; and
(5) to each former owner of the property, as the interest of each may appear.
(d) Interest or costs may not be allowed under this section.
(e) An order under this section is appealable.
Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing
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How to fill out Texas Petition For Release Of Excess Proceeds And Notice Of Hearing?
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FAQ
Filing a claim for surplus in Texas involves completing the necessary paperwork, including the Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing. You typically need to submit your claim to the appropriate court along with any supporting documents. It’s wise to consult with legal resources or platforms like USLegalForms that can help you understand the process and ensure you have all required information. This can streamline your claim and help you secure surplus funds efficiently.
To obtain court documents in Tarrant County, you can visit the Tarrant County Clerk's office, where you can request records in person. Alternatively, you can access their online portal for certain documents. For specific cases like the Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing, checking the court's website or contacting them directly may yield faster results. Additionally, online services like USLegalForms provide guidance for accessing and requesting these documents.
A Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing allows property owners or their heirs to claim surplus funds from a property sale. When a property is sold at a foreclosure auction for more than the amount owed on the mortgage, the excess proceeds are available for the owners. Filing this petition is essential to retrieve these funds legally. Using the US Legal Forms platform can help streamline the process, providing templates and guidance to ensure proper filing.
Yes, you can view Texas court records online through the official state and county court websites. These portals allow you to access a variety of legal documents and case information conveniently. Understanding how to navigate these sites is essential if you are involved in a case related to the Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing. US Legal Forms can help simplify this process by providing useful templates and resources.
Finding public court records online is often straightforward, especially via your local court's website. Most counties, including Tarrant, provide online databases where you can search for case information using various identifiers. This resource helps you stay informed about legal matters, including those connected to the Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing. US Legal Forms can assist you in finding the forms and information you need.
In Texas, excess proceeds from a foreclosure sale are typically held by the trustee until a claim is made. If no claims are filed within a specific period, these funds may become unclaimed property. To access these proceeds, you must file a Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing. This process ensures that rightful owners can recover their funds efficiently, and US Legal Forms can aid in navigating this procedure.
A petition for release of excess proceeds in Texas allows individuals to claim surplus funds that remain after a property foreclosure. This legal document is submitted to the court, along with a Notice of Hearing, to initiate the recovery process. Understanding your rights to these funds is vital, and filing the correct petition is the first step. Consider using US Legal Forms to help you prepare this important document accurately.
You can find Tarrant County court records by visiting the Tarrant County court's official website or the county clerk’s office. Many records are available online, allowing you to search by name, case number, or date. Accessing these records is crucial for anyone involved in legal proceedings or seeking information related to the Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing. Utilizing US Legal Forms can also guide you in obtaining necessary documents.
To recover your surplus funds in Texas, you must file a Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing with the court. This petition allows you to claim any excess funds remaining from a foreclosure sale. It is essential to follow the specific legal process outlined by the court to ensure your claim is successful. If you need assistance, the US Legal Forms platform can provide you with the necessary forms and guidelines.
Excess proceeds refer to the funds that remain after a property has been sold for more than the amount owed on it, such as during a foreclosure sale. These funds are available to the former owner or other entitled parties, pending their claim. Filing a Tarrant Texas Petition for Release of Excess Proceeds and Notice of Hearing is essential to access these funds. Understanding this concept can help you navigate the recovery process more effectively.