Frequently asked questions
Do I need an attorney to handle the case for me?
No. You are allowed to prepare and file the Motion yourself. The Clerk’s Office,
however, cannot answer legal questions or provide legal advice in assisting you.
If you are filing the Motion as an heir of a deceased relative who owned the
property, it is STRONGLY ENCOURAGED that you speak to an attorney before filing the Motion. There are likely several additional steps that need to be taken relating to the estate of the deceased in order to prove you have an interest in the property.
What documents must I submit to claim excess proceeds?
To claim excess proceeds remaining from a tax sale, claimants must file a Motion
to Claim Excess Proceeds requesting disbursement of the funds. We cannot advise what specific documentation you should include or attach with your motion in support.
Are there forms available to fill out online?
No. Because the Motion to Claim Excess Proceeds is a legal pleading that depends on very fact-specific information, Shelby County Chancery Court has no form available. Motions must be typed individually.
What forms of payment are acceptable?
The filing fee for the motion is $54.00. For payment, Chancery Court accepts either cash, money order, or a bank-certified check (i.e., a cashier’s check, etc.). Chancery Court DOES NOT ACCEPT personal checks or credit/debit card payments for tax matters.
Do you have information on mortgage or lien foreclosures?
No. Generally mortgage foreclosures are handled privately by the foreclosing
bank or creditor. Although they frequently are held on the courthouse steps, we
do not have any involvement with them unless a specific reference in the
foreclosure advertisement is made to a Chancery Court case number or docket
number. Those seeking information on mortgage foreclosures should look to
advertisements of the foreclosure auctions, normally published in the newspaper Memphis Daily News.
Do I have to come into the Clerk’s Office to file the motion?
No. You may also mail in an original signed copy of your Motion, along with the
payment; however, please provide at least a return mailing address (and
preferably also a phone number or email address) so that the clerks can return
filed documents and receipts to you and notify you of the hearing date.
What happens once I file my motion?
Once the Motion is successfully filed, the filing clerk will set a hearing date for
the Motion to be heard by the Chancellor assigned to the Tax Sale case. Tax sale
hearings are set approximately forty-five (45) days out from when the Motion is
filed, and are usually heard on Thursday mornings in Chancery Court.
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