Legal Question in Real Estate Law in Texas

When an attorney petitions a County District Court for the release of a clients excess tax sale proceeds; as specified in the Texas Property Tax Code, section 34.04, IS $1,000. payment to Attorney the max he can charge covering his payment and all costs? OR is his payment not to exceed $l,000. max with all costs in ADDITION to the $1,000. (it has already been estabilished by client that the excess proceeds exist and there are no competing claims against them).


Asked on 6/14/10, 2:41 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

The code reads: "A fee charged to obtain excess proceeds for an owner may

not be greater than 25 percent of the amount obtained or $1,000,

whichever is less." So, I would say $1,000 or less for the attorney's fee, but he or she could add expenses, such as copies, filing fee, etc.

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Answered on 6/16/10, 6:17 am


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