Mortgage foreclosure surplus

Tex. Prop. Code ch. 51 governs deed-of-trust foreclosure; § 51.0075(e) requires the trustee to disburse sale proceeds as law requires. The deed of trust and lien-priority law determine the overage recipient after sale costs and the secured debt. Chapter 51 sets no universal initial owner filing deadline for foreclosure surplus. Ask the trustee promptly for the sale accounting and distribution; any later civil action depends on its claim and limitations period. Redemption rules are separate.

Tax sale surplus

Tex. Tax Code §§ 34.03–34.04 govern excess proceeds deposited with the clerk after a tax foreclosure sale; § 34.04 provides the petition process and adjudication of competing interests. A claimant must file a petition in the court that ordered the sale before the second anniversary of the sale (§ 34.04(a)); the redemption period in § 34.21 is separate.

Unclaimed funds

Tex. Prop. Code chs. 72–75 govern unclaimed property; § 74.501 authorizes an owner claim to the Comptroller. Section 74.501 gives no fixed general initial owner-claim deadline. Dormancy and holder-reporting periods do not cut off an owner’s claim.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute