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.
Texas Petition For Release Of Excess Proceeds Withdrawal
Description Petition Notice Hearing
How to fill out Texas Notice Hearing?
Properly drafted formal documentation is one of the fundamental guarantees for avoiding problems and litigations, but obtaining it without a lawyer's assistance may take time. Whether you need to quickly find an up-to-date Texas Petition For Release Of Excess Proceeds Withdrawal or any other forms for employment, family, or business occasions, US Legal Forms is always here to help. It's an easy-to-use platform comprising over 85k legal documents grouped by state and field of use verified by specialists for compliance with local laws and regulations.
If you want to know how to get the Texas Petition For Release Of Excess Proceeds Withdrawal within clicks, adhere to the guide below:
- Make sure that the form is suitable for your case and region by checking the description and preview.
- Look for another sample (if needed) through the Search bar in the page header.
- Click on Buy Now when you locate the corresponding template.
- Choose the pricing plan, sign in to your account or register a new one.
- Opt for the payment method you like to purchase the subscription plan (via a credit card or PayPal).
- Select PDF or DOCX file format for your Texas Petition For Release Of Excess Proceeds Withdrawal.
- Click Download, then print the sample to fill it out or add it to an online editor.
The process is even easier for current users of the US Legal Forms library. If you subscription is valid, you only need to log in to your account and click the Download button next to the selected document. In addition, you can access the Texas Petition For Release Of Excess Proceeds Withdrawal later at any time, as all the paperwork ever obtained on the platform remains available within the My Forms tab of your profile. Save time and money on preparing formal paperwork. Try US Legal Forms today!