How to tell a real recovery firm from a predator

Red flags — leave the conversation

• They want money upfront from you. A filing fee, a search fee, a retainer, a 'court cost deposit.' You should never pay a recovery company out of your own pocket.
• They want you to sign a deed. There is no version of a surplus claim that requires you to convey the property. If a deed appears in the paperwork, stop.
• They will not put the terms in writing. The amount and exactly what you receive belong in the agreement before you sign.
• They pressure you to sign today. Real deadlines are months out and we will tell you exactly what yours is. 'Sign now or lose it' is a sales tactic.
• They will not say who the attorney is. Texas claims are filed by licensed attorneys. You are entitled to their name and bar number.
• They will not tell you the amount. If a company knows there is a surplus but will not tell you how much until you sign, they are counting on you not knowing what you are giving up.
• The fee ignores the statutory cap. Texas limits what may be charged for pursuing a tax-sale excess-proceeds claim on someone else's behalf. A quote that blows past it tells you what kind of shop you are dealing with.

Questions worth asking anyone, including us

• What is the surplus amount, and how did you calculate it?
• Who is the licensed attorney who will file, and what is their bar number?
• What exactly is your fee, in percent and in dollars?
• What do I owe if the claim fails?
• Am I signing over the property itself?
• What is my deadline, and what county is holding the money?

A firm that does this work properly answers all six without hesitating, in writing.

You can verify all of this yourself, free

Nothing about a surplus is secret. The sale is a recorded document. The deposit into the registry or with the county clerk is a public record. You can call the district clerk in the county where the property sold and ask whether funds are being held in connection with the sale.

You are also free to file the claim yourself, or to hire your own attorney directly. We would rather you go in knowing that. People who understand their options make better clients than people who feel cornered.

What we do differently

• No upfront cost — you never pay us out of pocket
• We never take the property itself
• Our estimate of the surplus, and your fee terms, in writing before you sign — the final amount is set by the court
• You get the attorney's name and bar number, because they are on your file
• We give you our estimate before you commit, including when it is zero
• We tell you that you can do this yourself, and how