l670¢§ P1
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`Chris Daniel
`Harris County District Clerk
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`NOTICE OF EXCESS FUNDS
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`www.hcdistrictclerk.com
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`(Section 34.03, Subsection (a), Tax Code)
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`9’ I ‘
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`3/30/2012
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`RICHARD EARL CHENEY
`TDCJ#01369505
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`3295 FM 1314
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`BEAUMONT, TX 77705
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`Re: Cause No. 200954783: HARRIS COUNTY, ET AL VS. RICHARD EARL CHENEY
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`This notice is to inform you that excess proceeds were deposited with the Clerk of the District Courts of
`Harris County, Texas, in the amount of $ 14,237.16 on 03/29/2012 in connection with the above numbered and
`styled cause.
`.
`You are further advised to review the following text of Section 34.03 and 34.04, Tax Code regarding
`your rights with respect to the excess proceeds.
`
`Sec. 34. 03, Tax Code — Disposition 0f Excess Proceeds
`_
`.
`(a) The clerk of the court shall;
`(I)
`ifthe amount of excess proceeds is more than $25, before the 31‘” day after the date the excess proceeds are received by
`the clerk, send by certified mail, return receipt requested, a written notice to the former owner ofthe property, at the former owner ’s
`last know address according to the records of the court or any other source reasonably available to the court, that:
`(A) states the amount ofthe excess proceeds,"
`(B)
`informs the former owner of that owner’s rights to claim the excess proceeds under Section 34. 04; and
`(C)
`includes a copy or the complete text of this section and Section 34.04 and
`regardless ofthe amount, keep the excess proceeds paid into court as provided by Section 34. 02(c) for a period oftwo
`(2)
`years after the date of the sale unless otherwise ordered by the court.
`(b) Ifno claimant establishes entitlement to the proceeds within the period provided by Subsection (a), the clerk shall distribute
`the excess proceeds to each taxing unit participating in the sale in an amount equal to the proportion its taxes, penalties, and interests
`bear to the total amount of taxes, penalties, and interest due all participants in the sale.
`
`Sec. 34.04, Tax Code — Claims for Excess Proceeds
`(a) A person, including a taxing unit, may file a petition in the court that ordered seizure or the sale setting forth a claim to the
`excess proceeds. The petition must be filed before the second anniversary ofthe date ofthe sale ofthe property. The petition is
`not required to be filed as an original suit separate from the underlying suit for seizure of the property or foreclosure of a tax
`lien on the property, but may befiled under the cause number ofthe underlying suit.
`(b) A copy of the petition shall be served,
`in the manner prescribed by Rule 21a, Texas Rules of Civil Procedure, as amended, or
`that rule’s successor, on all parties to the underlying action not later than the 20th day before the date set for a hearing on the
`petition.
`(c) At the hearing the court shall order that the proceeds be paid according to thefollowing priorities to each party that establishes
`.
`its claim to the proceeds:
`,
`.
`.
`f
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`(l)._ ‘to the tax sale purchaser if the tax sale has been adjudged to be void and the purchaser has prevailed-man action
`4..
`.. «against the taxing units under Section 34.07 (d) byfinaljudgment;
`(2) to a taxing unit for any taxes, penalties, or interest that have become due or delinquent on the subject property
`subsequent to the date ofthejudgment or that were omittedfrom thejudgment by accident or mistake;
`to any other lienholder, consensual or otherwise, for the amount due under a lien,
`in accordance with the priorities
`established by applicable law;
`
`(3)
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`201 CAROLINE 0 P.0.BOX4651 0 HOUSTON, TEXAS 77210-4651 0
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`(713) 755-7300
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`

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`(4)
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`to a taxing unit for any unpaid taxes, penalties, interest, or other amounts adjudged due under the judgment that were
`not satisfiedfi‘om the proceeds from the tax sale; and
`to each owner ofthe property.
`(5)
`'
`Interest and costs may not be allowed under this section.
`(d)
`(e) An order under this section is (mpealable.
`(fl A person may not take an assignment ofan owner’s claim to excess proceeds unless:
`(1)
`the assignment is taken on or after the 36’" day after the date the excess proceeds are deposited in the registiy of the
`court;
`
`(2)
`. (3)
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`the assignment is in writing and signed by the assignor; and
`the assignment document contains a sworn statement by the assignor affirming:
`(A)
`that the assignment was given voluntarily;
`(B)
`the date on which the assignment was made and that the date was not earlier that the 36"' day after the date
`the excess proceeds were deposited in the registiy ofthe court;
`(C) that the assignor has received the noticefrom the clerk required by section 34.03;
`(D) the nature and amount ofconsideration given for the assignment;
`(E)
`the circumstances under which the excess proceeds are in the registry ofthe court;
`(F)
`the amount ofthe claim to excess proceeds in the registry ofthe court;
`(G) that the assignor has made no other assignments ofthe assignor’s claim to the excess proceeds; and
`(H) that the assignor lmows that the assignor may retain counsel.
`(g) An assignee who obtains excess proceeds without complying with Subsection 09 is liable to the assignor for the amount of
`excess proceeds obtained plus attorney ’sfees and expenses.
`(h) An assignee who files a petition setting forth a claim to excess proceeds must attach a copy of the assignment document and
`produce the original of the assignment document in court at the hearing on the petition. If the original assignment document is lost,
`the assignee must obtain the presence of the assignor to testify at the hearing.
`(1) A fee charged to obtain excess proceeds for an owner may not be greater that 25 percent of the amount obtained or $1,000,
`whichever is less
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`This office cannot provide you forms or legal advice to claim the excess proceeds.
`
`©TACSR2001
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`Sincerely,
`
`Maury Moral/
`
`Fee Accounting Deputy for
`Chris Daniel
`
`Harris County District Clerk
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`