Tax Foreclosure Surplus Funds in Montgomery County, Texas: What Homeowners Need to Know
When a home in Montgomery County sells at a tax auction for more than the taxes owed, that extra money does not just disappear.
Montgomery County (a major county with approximately 620,443 residents, county seat: Conroe) is no exception. When property taxes go unpaid and a home is sold at a redeemable deed sale, the auction price often exceeds the debt owed. That extra money -- called surplus funds or "overages" -- may legally belong to you, the former owner.
How Montgomery County Tax Sales Work
In Montgomery County, the County Tax Assessor-Collector handles tax collection. When your property sells at a redeemable deed sale for more than the delinquent taxes, penalties, interest, and costs, the excess is held by the District Clerk. Under Texas Tax Code Section 34.03, those surplus funds belong to eligible former owners -- not the government.
In 2023, the U.S. Supreme Court confirmed this in Tyler v. Hennepin County, ruling unanimously that governments cannot keep surplus proceeds beyond what is owed. Texas has strengthened property owner protections following the Tyler v. Hennepin County (2023) Supreme Court decision.
Deadlines You Cannot Afford to Miss
- The clerk holds surplus funds for 2 years after the date of the tax sale.
- If no claim is filed within 2 years, funds transfer to the county's general fund.
- After transfer to the general fund, recovery becomes significantly more difficult.
In Texas, you have 2 years from the date of sale before funds transfer to the county general fund. After that, recovery becomes far more difficult or impossible.
Steps to Claim Your Money
- Check your mail -- the clerk is required to send you certified mail notice about surplus funds exceeding $25.
- Contact the District Clerk in the county where the property was sold.
- Gather documentation: proof of former ownership, government-issued ID, and any tax sale correspondence.
- File your claim with the clerk. You may need to file a court motion; the court will review and authorize distribution.
Be cautious of scams -- never pay large upfront fees for recovery help. Texas caps finder's fees at 10% of the surplus amount under Section 74.507 of the Texas Property Code.
Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps former homeowners recover surplus funds for a flat $4,999 fee upon successful recovery. We can search for funds from your Montgomery County tax sale and guide you through every step.
Take the first step toward recovering what is yours. Visit AuctionBlock.org -- our services are 100% free.
AuctionBlock.org is a mission-driven company organization. This article is for educational purposes only and does not constitute legal advice. Tax foreclosure laws change frequently -- always verify current statutes and consult with a licensed attorney before taking action. Information current as of April 2026.