Discussion:
WTB: Texas property tax law help
(too old to reply)
aurora_ray
2004-12-09 17:57:34 UTC
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I need some help with general questions (not relating to any particular
case) about the right of redemption after a Sheriff sale of property
for failure to pay taxes. Also questions about getting excess
proceeds.

Perhaps there is a inexpensive (young) lawyer out there in Austin,TX?
Or a law student? Or someone who knows?
Please reply to this group or:
***@yahoo.com
Christopher Green
2004-12-09 19:26:17 UTC
Permalink
Post by aurora_ray
I need some help with general questions (not relating to any
particular
Post by aurora_ray
case) about the right of redemption after a Sheriff sale of property
for failure to pay taxes. Also questions about getting excess
proceeds.
Perhaps there is a inexpensive (young) lawyer out there in Austin,TX?
Or a law student? Or someone who knows?
Texas Property Tax Code chapter 34 governs sheriff's sales. There's a
usable explanation from the Denton County Sheriff at
http://www.sheriff.dentoncounty.com/main.asp?Parent=517&Link=533

Very generally, there's a two-year right of redemption for homestead or
agricultural property and an 180-day right for other property. The
right of redemption runs from the purchaser's filing of the deed
received from the Sheriff. It can also be sold, so not just the former
owner but even anybody who acquired these rights from the former owner
could show up to redeem.

The computation of the redemption price is at section 34.21. For
agricultural or homestead property, the redemption price is the
purchaser's bid, plus his costs, plus 25% (for a redemption within a
year) or 50% (for a later redemption). For other property, it's the
greater of the judgment amount or the price the purchaser paid, plus
costs, plus 25%.

If there are excess proceeds and you're entitled to them, you retrieve
them by filing a petition with the relevant court. There's a 7-year SOL
from the date of sale on petitions to retrieve excess proceeds.
--
Not a lawyer,

Chris Green
aurora_ray
2004-12-10 20:55:40 UTC
Permalink
Thank you for the general info.

The specific questions I was going to ask were:

****Excess Funds:
If one pays for the right to be the 'assignee' for excess funds is one
exempt from the 25% or $1000 max fee for helping someone claim these
funds.

If one assists a person for the fee, to claim excess funds, by filing
the papers and possibly appearing in court for that person, is one
practicing law without a license (a crime!!?!?!).

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