Surplus funds in Texas: the rules, straight.
We work this state today — records, filings, and payouts move on the standard timeline.
Foreclosure / mortgage surplus
Legal — no statutory fee cap found pre-escheat.
Trustee holds non-judicial sale surplus (Prop. Code § 51.002); demand to trustee; interpleader if contested.
UNCAPPED and unlicensed — the fast lane. This is why TX is Tier 1 despite the tax-stream ban.
Tax sale overages
State law bars standard contingency recovery on this stream — attorney-only or no lawful lane.
Petition in the tax suit (Tax Code § 34.04).
Deadline: 2-year claim window, then gone.
§ 34.04(f)–(j): non-attorneys may charge NO fee; attorney fees ≤ lesser of $1,000 / 25%; assignments need ≥80% upfront consideration + 36-day wait. Attorney-partner lane only.
Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.
If nobody claims it: Tax excess: 2 yrs, then forfeits to the taxing units — DEAD after that.
Cars, boats & RVs in Texas: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered.
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