Home / Your rights & deadlines
Things we would rather you hear from us
Who the money belongs to, how long you have to claim it, what the fee means, and the signs of a scam.
Who the money belongs to
When a property sells at foreclosure or tax sale for more than what was owed, the difference belongs to the former owner or their heirs — not the buyer, not the lender, not the county.
In most states, that money belongs to whoever owned the property when it sold, or to their heirs. But it does not come to you automatically. Someone has to file a claim, prove who’s entitled to it, and do it before the deadline runs out.
Lienholders whose liens were wiped out by the sale can also have a claim on the same money, and they are usually paid in order of priority. Where the owner has died, the claim runs through the estate, and the heirs may need probate or heirship paperwork to show who is entitled.
There is a deadline
Texas tax sales. A claim for excess proceeds from a tax sale generally has to be filed with the court within two years of the date of the sale. After that the funds are distributed to the taxing units and the former owner’s claim to them is gone.
Mortgage and HOA foreclosures. Surplus from a foreclosure sale follows different rules, depending on who conducted the sale and where the money was deposited. Your written case review states the deadline that applies to your sale, and where it comes from.
The deadline is real. It is set by statute, not by us, and it does not move because you did not know about it. That is also why you should be wary of anyone who uses it to rush you. See scam warnings.
The fee is a term, not a law of nature
Thirty percent is the most we charge, and on some matters it is negotiable downward. Ask. Anyone who tells you their rate is fixed and non-discussable is telling you about their sales process, not about your claim.
Whatever number applies to you is written into the agreement before you sign, in dollars and not just as a percentage. The fee, in full.
Finding out is free
You should not have to pay anyone to find out whether money is being held for you. Our case review costs nothing and obligates you to nothing.
Tell us the address and we send you a written case review: which sale, which fund, how much is being held, who we believe is entitled to it, and the deadline. Check my case.
Scam warnings
No one legitimate will ask you for a wire to a personal account, a gift card, or your Social Security number before there is a signed agreement in place.
If someone tells you the claim is lost unless you sign today, that is pressure, not information. The deadline is real; the urgency is manufactured.
Other signs to walk away from:
- A request for an upfront fee, a “processing” fee, or a deposit before anything is recovered.
- An offer to buy your claim, or your interest in the property, for a fraction of what is held.
- Someone who will not tell you which sale and which fund they are calling about, or where in the public record they found it.
- A request to sign over a deed, or a power of attorney broader than the claim itself.
If a message claiming to be from us asks for any of this, it is not us. Report it or call 936-287-1001.
How to check us
- Call the number on this website, 936-287-1001, rather than a number on a letter you are unsure of.
- Check the sale yourself. Ask the county or district clerk to confirm what we told you about the sale and the funds.
- Check our registration with the Texas Secretary of State.
- Take the agreement home. Have someone you trust read it. We would rather you did.
Want us to look?
Tell us the address. The case review is free, and it tells you the deadline for your sale.