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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36360
Experience:  Texas Attorney for 30 years dealing in real estate
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I need to file an Order with a Texas County District Clerk's

Customer Question

I need to file an Order with a Texas County District Clerk's Office to have excess funds released from the proceedings of a real estate property foreclosure...
Submitted: 2 months ago.
Category: Real Estate Law
Customer: replied 2 months ago.
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Customer: replied 2 months ago.
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Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you tonight.

Here Texas has nonjudicial foreclosure sales by a trustee.You would make demand by letter as owner here to the trustee to refund the surplus funds.The County or District Clerks offices here do not hold the funds.

If the Trustee will not refund the surplus here you have to file a declaratory judgment to force their release.

Here is a Texas case that explains the declaratory suit process for such a situation.The trustee here in most cases just refunds them to you here upon written demand here in our state in my experience.

You cannot find the Order forms because this is not the process here in Texas.

Expert:  Ray replied 2 months ago.

From the case

Appellees filed this declaratory judgment action pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code seeking a declaration that (1) they were entitled to the surplus foreclosure proceeds as holders of the equity of redemption, and (2) Conversion Properties's subrogation claims were invalid. Conversion Properties filed a counterclaim requesting contrary declarations.

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