At Duffley Law, we guide clients through every step of the foreclosure surplus recovery process, making sure no detail is missed.
If your Houston property was sold at foreclosure for more than you owed, you may be entitled to the extra funds, often called “surplus” or “excess” funds. These funds are your legal right, but claiming them often requires precise filings, court appearances, and compliance with strict deadlines.
Harris County consistently ranks among the top foreclosure counties in Texas. And many borrowers do not realize that they may be entitled to unclaimed surplus funds.
What Is Foreclosure Surplus Recovery in Texas
When a property is sold at foreclosure, the proceeds first pay the debt, court costs, and any liens. If there’s money left over, the former owner typically has the right to claim that remaining money.
Surplus claims often follow:
- Mortgage foreclosure sales
- HOA lien foreclosures
- Tax lien foreclosures
Each type of foreclosure has its own rules and requirements, so the process for requesting surplus funds might look different for each one.
Having a lawyer who understands both real estate law and local court procedures can make a significant difference.
Duffley Law brings experience across foreclosure, probate, and real estate law, allowing us to handle surplus claims efficiently.
Why Houston Residents Choose Duffley Law
At Duffley Law, we are dedicated to delivering legal solutions in estate planning, probate, and real estate law, including foreclosure surplus funds recovery in and around Harris County. When the outcome of a case determines whether you recover thousands, tens of thousands, or even hundreds of thousands of dollars, we take the time to make sure every step is done right.
Our clients benefit from personalized attention and clear guidance from start to finish. If your claim involves a straightforward petition or complicated probate and title issues, we act as your last line of defense to secure the funds you are owed.
What Sets Duffley Law Apart
- Local Court Knowledge : We regularly file and argue surplus claims in the Houston area, giving us familiarity with local judges, clerks, and filing procedures.
- Cross-Practice Knowledge: Many surplus claims involve probate or real estate issues. Our broad experience helps to make sure that no heirship or inheritance matter is overlooked.
- Proven Results: With a wide range of recoveries and approvals, we’ve achieved favorable outcomes for Houston clients, including hundreds of thousands in foreclosure surplus funds recovered for our clients.
- Responsive Communication: We keep you informed at every step, answering calls and emails promptly.
- Personalized Representation: Every case is unique. We tailor our approach to your situation, even if your claim stems from a recent sale or an estate with multiple heirs.
Texas Surplus Funds Laws You Should Know
In Texas, while the law is designed to make sure former property owners receive the funds they are owed, the rules are strict, and missing a step can delay, or even forfeit, your claim.
Who Can Claim the Surplus
Typically, the following people can claim excess foreclosure funds:
- The property’s former owner at the time of foreclosure
- Heirs or beneficiaries of the former owner, assuming the former owner has passed away
- Other parties with a legal interest, such as lienholders, provided all higher-priority claims are satisfied
Deadlines to File
Foreclosure funds in Texas are often held by a foreclosure trustee. Sometimes they are held by the county directly. Depending on the type of foreclosure, surplus funds won’t stay available forever. Acting quickly after the foreclosure auction is often vital to prevent future issues.
Why Legal Representation Matters
While you can technically file on your own, surplus recovery cases often involve:
- Title disputes between heirs, lienholders, or multiple owners
- Probate filings if the original owner has died
- Lien releases for old judgments or debts
- Court filings and strict deadlines, especially with property tax foreclosures
An attorney experienced in both real estate and probate law can make sure your claim to the funds is complete, accurate, and persuasive, reducing delays and maximizing your chance of recovery.
At Duffley Law, we stay on top of Harris County’s filing requirements and procedural changes so our clients can recover what’s rightfully theirs as quickly as possible.
Duffley Law’s Foreclosure Surplus Recovery Services
Duffley Law handles every step of the foreclosure surplus funds recovery process for clients in Houston and across Texas. Our services cover:
- Surplus Funds Recovery
- Communication with Foreclosure Trustees
- Court Filings & Hearings
- Lien & Title Resolution
- Probate-Related Surplus Claims
How to Avoid Common Pitfalls in Foreclosure Surplus Recovery
Many property owners are approached after a foreclosure by “surplus recovery agents” and similar businesses who are not licensed attorneys.
In Texas, these individuals often charge high fees without providing full legal representation, leaving clients unprepared for disputes, hearings, or lien challenges. Further, many of these individuals also do not follow strict laws required for surplus recovery businesses, often leading to more issues down the line.
At Duffley Law, we charge a flat, contingent fee for nearly all foreclosure surplus recovery cases that we do for our clients, providing more certainty prior to getting started.
Our Foreclosure Surplus Recovery Process in Houston
Surplus recovery in Texas is a legal process that moves quickly after a foreclosure sale. At Duffley Law, we use a proven, step-by-step approach tailored to Harris County and surrounding courts.
1. Confirm the Surplus Exists
We begin by reviewing the foreclosure sale records and the trustee’s report to verify that the final sale price exceeded the amount owed. This includes checking for outstanding liens or judgments that could reduce the surplus.
2. Gather Ownership & Claim Evidence
We compile the legal documents needed to prove your right to the funds, such as the deed, mortgage release, and, if applicable, probate or heirship records. For estate-related cases, we handle both the surplus claim and any necessary probate filings.
3. File the Petition in Court or with the Trustee
We’ll file your petition in court and make sure it complies with Texas Property Code and include all required documentation to avoid delays. If it’s a non-judicial foreclosure, we’ll work with the foreclosure trustee to submit a claim.
4. Attend Court Hearings (If Applicable)
If the court schedules a hearing, we represent you directly, addressing any disputes over priority or ownership as we attempt to have our petition approved.
5. Disbursement of Funds
Once approved, the court orders the release of the surplus to you. In many Harris County cases, payment is issued within a month or two of the final order.
Schedule a Discussion for Your Foreclosure Surplus Recovery in Houston
Schedule a call today to start your foreclosure surplus recovery in Houston to get back funds that may be rightfully yours.
Duffley Law will guide you through the process, handle the legal filings, and work to secure the funds you may be entitled to under Texas law. Book your consultation now and take the first step toward reclaiming what’s yours.