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 Why Your Money Is Safer With Us: How Texas Law Protects Your Surplus Funds, Probate Funds, and Foreclosure Proceeds



Have you ever noticed how stressful it feels when someone says, “Don’t worry, your money is safe”… but they can’t clearly explain how? Most homeowners feel that way when dealing with foreclosure overages, probate funds, or court-released money. And that uncertainty is exactly why we take a different approach.

Just imagine a process where:

  • Your funds never touch a company’s personal account.

  • Everything sits in a regulated legal trust account.

  • Money only moves when the law says it can.

That’s the system we use — and it’s backed by Texas law.


How Your Money Is Actually Protected in Texas

In Texas, anyone handling client funds must follow strict legal rules. There’s no “trust me.” The law spells out exactly how funds must be held and released.


Here’s what governs this:

🔹 Attorney Trust Accounts (IOLTA) — Texas Disciplinary Rules of Professional Conduct Rule 1.14

This requires attorneys to:

  • Hold your funds in a separate trust account

  • Keep full records

  • Never mix your funds with their own (no commingling)

  • Release money only when legally authorized

  • Provide a full accounting of every penny


Your funds stay legally protected under the attorney’s bar license — which means accountability you can count on.

🔹 Escrow & Settlement Funds — Texas Administrative Code (Title 11, Part 1, Chapter 53 & 159)

Escrow and settlement funds must be held in:

  • Segregated escrow accounts

  • Accounts subject to audit

  • Accounts with documented disbursement instructions


This is why funds must clear before anyone can receive a distribution.

🔹 Court-Released Funds — Texas Property Code & Local Rules

Surplus proceeds from foreclosure sales must be:

  • Deposited by the county

  • Released by court order

  • Disbursed according to statute

Nobody can “skip steps” or release money early — the judge controls the process.





How Our System Works (And Why It’s Safer Than the Competition)

While some companies want funds sent to their own business accounts, we don’t play that game.

Unlike our competitors, we NEVER touch your money. Instead, everything goes through our attorney’s regulated IOLTA trust account — protected by Texas law.

Here’s the flow:

  1. Court releases your funds

  2. Funds are mailed to the attorney's IOLTA trust account

  3. Attorney deposits and waits for bank clearance

  4. Attorney disburses funds in the legal order:

    • Client first

    • Our compensation second

  5. You receive a full disbursement ledger showing every dollar

This system removes doubt, removes fear, and removes the chance of anyone mishandling your money.



Why We Built It This Way

Because too many homeowners have been burned by:

  • “Locators” who ask the county to send them the check

  • Companies that funnel client funds into business accounts

  • Middlemen who can’t explain the legal process

We chose a structure that keeps you protected, keeps us transparent, and keeps everything compliant from day one.

It’s not just safer. It’s Texas law, backed by the same rules attorneys live by.

If you want a process where the law, not someone’s word, protects your equity — we’re here to help.

 
 
 

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