Summary
The Sixth Court of Appeals of Texas at Texarkana affirmed an order awarding Darnell McAllister $70,471.18 in excess proceeds from a tax foreclosure sale. The court held that the trial court did not abuse its discretion in disbursing the funds despite the filing of McAllister’s petition more than two years after the sale, emphasizing that the record supported a finding that he had not received notice of the sale date. The court concluded that awarding the proceeds to McAllister was appropriate under the circumstances and avoided an unwarranted windfall to the taxing district.
Court
Court of Appeals, Sixth Appellate District of Texas at Texarkana
Jurisdiction
Court of Appeals, Sixth Appellate District of Texas at Texarkana
Decision date
April 1, 2026
Docket number
No. 06-25-00077-CV
Disposition
affirmed
Questions Presented
- Whether the trial court abused its discretion by awarding Darnell McAllister excess proceeds from the court registry despite his formal petition being filed more than two years after the tax foreclosure sale.
- Whether the lack of written notice to Darnell of the foreclosure-sale date implicated due process and supported the trial court's disbursement of the excess proceeds.
Holdings
- The trial court did not abuse its discretion by awarding Darnell the $70,471.18 in excess proceeds rather than allowing Tatum Independent School District to receive them.
- Chapter 34 of the Texas Tax Code requires specific notice of a tax foreclosure sale to defendants, and the record supported the trial court's finding that Darnell did not receive notice of the sale date.
Court Document
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