Surplus funds after a Texas foreclosure sale

Surplus (excess) funds after a sale

If the sale brought more than the debt and costs, money may be left over. Texas has no statute for trustee-sale surplus; the deed of trust controls, and junior lienholders are usually paid before the former owner.

• Ask the substitute trustee in writing for the sale price, the amount credited to the debt, and whether excess proceeds exist.
• You do not need to pay anyone to claim your own money. A paid “surplus recovery” helper is a foreclosure consultant under Texas law (Bus. & Com. Code § 21.001).
• Property-tax sales follow a different rule (Tax Code) — ask the district clerk.

Tex. Bus. & Com. Code § 21.001(a)(1)(I)