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.
The Edinburg Texas Petition for Release of Excess Proceeds and Notice of Hearing is a legal document that allows individuals or entities to request the release of excess funds resulting from a tax foreclosure sale in the city of Edinburg, Texas. This petition is relevant for property owners who had their properties sold at a tax sale and are entitled to receive any surplus funds generated from the sale. The purpose of the Edinburg Texas Petition for Release of Excess Proceeds and Notice of Hearing is to provide a formal process for claimants to stake their right to these excess funds, ensuring a fair distribution to the rightful owners. The petition outlines the necessary steps to initiate the release process and the specific information required to support the claim. Key elements that should be included in an Edinburg Texas Petition for Release of Excess Proceeds and Notice of Hearing are: 1. Claimant Information: The petitioner must provide their full name, contact details, and address. If represented by an attorney, their information should also be included. 2. Property Details: The petitioner needs to indicate the property address that was subject to the tax foreclosure sale. This includes the street name, number, city, and zip code. 3. Tax Sale Information: The petitioner is required to include details regarding the tax sale, such as the date of the sale, the case or cause number, the court name, and any documents related to the tax sale. 4. Excess Proceeds Calculation: The petition should include a thorough calculation of the excess proceeds amount, outlining the total amount received from the sale, outstanding taxes, fees, and any other expenses deducted. 5. Claim Justification: The petitioner needs to provide a compelling reason to support their entitlement to the excess proceeds. This may involve demonstrating ownership or lien holder status, presenting evidence of a right to the funds based on a court order or legal agreement, or providing proof of payment of outstanding taxes. It's important to note that different types of Edinburg Texas Petition for Release of Excess Proceeds and Notice of Hearing may exist based on the specific circumstances of the tax foreclosure sale. For example, there may be separate petitions for individual property owners, lien holders, or other interested parties. Each petition may have slightly different requirements, but the general purpose and process would remain the same. Regardless of the specific type of petition, it is crucial to adhere to the instructions provided by the court and consult with an attorney or legal professional familiar with Edinburg Texas regulations to ensure accurate completion and submission of the petition.
