Fill and Sign the Petition Hearing Form

CAUSE NO. _______________ ______________________ (Name)§ IN THE DISTRICT COURT OF COUNTY, ET AL. § ______________ (Name) COUNTY, v. § TEXAS § _______________________ § Court No. __________________ (Name of Petitioner) (Judicial District) PETITION FOR RELEASE OF EXCESS PROCEEDS AND NOTICE OF HEARING TO THE HONORABLE JUDGE OF SAID COURT: 1. Now comes, ______________________ (Name of Petitioner), as petitioner herein, and pursuant to Section 34.04 of the Texas Property Tax Code, files this Petition for Release of Excess Proceeds seeking distribution of the excess proceeds resulting from a tax sale of real property located in ___________________ (Name) County, Texas. For cause of action, the Petitioner would respectfully show the Court as follows: 2. The parties entitled to notice of this Petition for Release of Excess Proceeds are: ________________________________________________________________________________________________________________________________________________________ _______________________ (List Names and Addresses of Parties to be served with process). 3. On _________________ (date), the Court signed its Judgment in this case as part of which it found that _____________________ (Name) was the owner of the following property, and the Court ordered the foreclosure and sale of the following property:  Billing Number: ______________  Parcel Number: ________________  Location: _____________________  Legal Description: ____________________________________________ 4. Said property was sold at a tax sale by Order of Sale, pursuant to the Judgment of this Court. 5. As a result of said tax sale, the Taxing Authorities were paid all delinquent taxes, penalties, interest, attorney’s fees, and costs of sale in this case. 6. After said payments to the Taxing Authorities, excess tax sale proceeds in the amount of $ ______________ were deposited with the Clerk of this Court on __________________ (date). On ___________________ (date), said Clerk delivered a Notice of Excess Funds to Petitioner. 7.Said excess tax sale proceeds rightfully belong to Petitioner, and Petitioner is entitled to recover same pursuant to Section 34.04 of the Texas Property Tax Code. WHEREFORE, premises considered, the Petitioner prays that the Court enter its Order directing the Clerk of this Court to disburse the sum of $ ___________ to Petitioner as the excess tax sale proceeds from the sale of the aforesaid property, and for such other and further relief to which the Petitioner may be justly entitled. Respectfully submitted, __________________________ (Signature of Petitioner)__________________________ (Printed Name of Petitioner) _______________________ (Name of Petitioner)________________________________________ (Address of Petitioner)________________________ (Telephone Number of Petitioner) NOTICE OF HEARING Please take notice that this Petition is set for hearing on _________________________ (day, date and year) at _____________ (time) in the District Court of __________________ (Name of County) County, Texas. CERTIFICATE OF SERVICE I certify that a copy of the Petition for Release of Excess Proceeds and Notice of Hearing was served on the parties listed below by certified mail on the ___________________ (date): ____________________________________________________________________________ ____________________________________________________________________________ ( List parties that you are notifying). _______________________________ (Signature of Petitioner) _______________________________ (Printed Name of Petitioner)