Are there online resources to check excess funds for Dallas and Tarrant counties? Yes.

A Comprehensive Guide to Locating and Claiming Surplus Funds in Dallas & Tarrant Counties

The Hidden Equity After Foreclosure

Foreclosure is typically framed as a total loss event. In reality, that narrative is incomplete.

When property is sold at a tax foreclosure sale or mortgage foreclosure auction, it may sell for more than the total amount owed. When that occurs, the difference is called:

• Excess Proceeds

• Surplus Funds

• Overages

Under Texas law, those funds do not belong to the county or lender (beyond what is owed). They belong to the former property owner or qualified lienholders.

This is not speculative. It is statutory.

However, the recovery process is procedural, jurisdiction-specific, and time-sensitive. Many eligible claimants never file because:

1. They do not know funds exist.

2. They do not understand where funds are held.

3. They do not know how to file properly.

4. Deadlines lapse.

This lecture dissects:

• The legal framework governing excess proceeds

• The difference between tax and mortgage foreclosures

• Where Dallas and Tarrant Counties hold funds

• How to locate and verify surplus deposits

• The procedural steps required to claim

Legal Framework: How Excess Proceeds Are Created

I. Tax Foreclosure Sales (Judicial)

In Texas, delinquent property taxes may result in a judicial foreclosure lawsuit. After judgment:

1. The property is sold at public auction.

2. Sale proceeds are applied in priority order:

   • Court costs

   • Taxes

   • Penalties & interest

   • Attorney fees

3. Any remaining balance becomes excess proceeds.

These funds are typically:

• Deposited into the District Court Registry

• Held for a statutory period (often ~2 years)

• Claimed through a petition to withdraw excess funds

If not claimed, funds may revert to taxing entities or be transferred to the state unclaimed property system.

Mortgage Foreclosure (Non-Judicial Trustee Sale)

Most Texas mortgage foreclosures are non-judicial under a deed of trust.

Process:

1. Trustee conducts foreclosure auction.

2. Lender is paid the balance owed.

3. If the property sells for more than the debt, a surplus exists.

Key difference:

• Surplus is often held by the foreclosure trustee or lender, not automatically deposited in a court registry.

• There is no centralized searchable database.

This distinction is critical.

Dallas County: Where to Search

Primary Authority: Dallas County District Clerk

The District Clerk maintains records of:

• Judicial tax foreclosures

• Cause numbers

• Registry deposits

• Excess proceeds listings

Online Resources

1. Dallas County District Clerk – Latest Excess Funds List

   • Often published as downloadable PDFs.

   • Requires manual search (Ctrl + F by name or case number).

2. Civil Case Search

   • Locate foreclosure cause number.

   • Review docket entries for:

     • “Order Confirming Sale”

     • “Excess Proceeds Deposited into Registry”

Operational Workflow (Dallas)

1. Identify foreclosure cause number.

2. Confirm sale price via sheriff/constable records.

3. Compare judgment amount to sale proceeds.

4. Verify registry deposit.

5. File petition for withdrawal of funds.

Tarrant County: Registry & Petition Process 🏛️

Tarrant County does not maintain a simple searchable “excess funds” portal.

Instead:

1. District Clerk Records Search

Use civil case search to locate:

• Foreclosure lawsuit

• Judgment

• Sale confirmation

• Registry deposit entry

2. Petition to Withdraw Excess Proceeds

Tarrant County provides a formal petition form for claimants. Required documentation typically includes:

• Proof of identity

• Proof of ownership at time of foreclosure

• Heirship documentation (if applicable)

• Lienholder proof (if subordinate claim)

3. Open Records Requests

If registry data is unclear, request:

• Tax sale results

• Registry deposit confirmations

• Excess proceeds accounting

This step often clarifies discrepancies between sale price and judgment.

State-Level Fallback: Texas Comptroller (Unclaimed Property)

When excess proceeds remain unclaimed beyond statutory holding periods, counties may remit funds to:

Texas Comptroller of Public Accounts – Unclaimed Property Division

Website: ClaimItTexas.gov

Important notes:

• Only funds over $100 are typically remitted.

• Search by:

  • Individual name

  • Business name

  • Variations of spelling

This is a secondary search layer — not the primary source for fresh foreclosure overages.

Procedural Considerations & Strategic Errors

I. Statutory Deadlines

Failure to file within the allowed timeframe may result in:

• Reversion to taxing authorities

• Loss of recovery rights

Deadlines are strict.

II. Standing & Priority

Multiple claimants may exist:

1. Former property owner

2. Heirs

3. Junior lienholders

4. HOA associations

5. Judgment creditors

Courts determine priority based on lien order and statutory entitlement.

III. Common Mistakes

• Assuming all foreclosures generate surplus

• Confusing mortgage surplus with tax sale surplus

• Searching only the state unclaimed database

• Failing to obtain certified copies

• Filing incomplete petitions

Equity Is Often Left Behind

Foreclosure does not automatically eliminate financial interest.

Excess proceeds represent:

• Residual equity

• Court-controlled assets

• Statutorily protected funds

The recovery process is administrative and legal — not emotional.

In Dallas and Tarrant Counties, the correct approach is:

1. Identify the foreclosure type.

2. Locate the cause number.

3. Confirm registry deposit.

4. File proper petition within deadline.

5. Escalate to state unclaimed property if necessary.

The system does not notify aggressively. It waits.

Those who understand the structure recover. Those who do not, forfeit.