How the process actually works

This is a court process, not a quick payout. It typically takes a few months from start to finish. Here is what actually happens, in order.

1. The county holds the excess proceeds

   When a property sells at a tax foreclosure auction for more than what was owed in taxes and costs, the extra money is deposited with the district clerk's office. Texas law gives the former owner, heirs, or lienholders up to two years from the sale to claim it. After that, the money goes to the local taxing units, not to the state.

2. We verify your claim and check for liens

   We look at the property records, the sale documents, and who has a legal right to claim the funds under Texas Tax Code Section 34.04. That can be the former owner, an heir, or a lienholder. We also check for other liens against the property, since Texas law pays lienholders before the former owner if there are competing claims.

3. A notarized agreement, at your home or a place convenient to you

   If we move forward, we put everything in writing: an agreement describing what you are owed and what happens next, plus a limited power of attorney so we can help manage the paperwork. A mobile notary comes to you to sign, so you do not have to travel.

4. Our attorney files the court petition

   A licensed Texas attorney files a petition in the original court case asking the judge to release the excess proceeds to you. This must happen before the second anniversary of the tax sale, so timing matters.

5. The judge reviews and rules

   The judge reviews the petition, confirms who is entitled to the funds, and rules on any agreement involved. This is a real court proceeding with a real judge, not an administrative form.

6. Funds are released and you get paid

   Once the judge signs the order, the court releases the funds according to that order. From first contact to payout, our one completed case took about 3.5 months. Every case is different, and some take longer, especially if there are competing claims or lien disputes to sort out.