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Brazos County, TX

14 min read

Brazos County, Texas — Tax Sale & Surplus Procedure

Local operations layer. The legal framework (redemption periods, surplus rights, statutes, case law) lives on the parent page → texas. This page covers how Brazos County actually runs it. Legal information, not legal advice. Last verified: 2026-06-02.

C0. Identity

C1. Local Tax Sale

  • Conducts own sale? Yes — Brazos County runs a monthly in-person public sale. The sale is conducted by a constable (not the sheriff) in most instances, as constable sales are the prevailing mechanism for tax-judgment foreclosures in Brazos County. (Confirmed via community reports; needs_verification for official county confirmation.)
  • Platform / venue: in person at the Brazos County Administration Building, 200 South Texas Avenue, Bryan, TX 77803 (in the Atrium on the first floor), or in the area designated by the Commissioners Court. Both mortgage/trustee sales and tax-judgment sales share this location. — https://www.brazoscountytx.gov/481/Foreclosure-Notices (page confirmed; venue extracted from monthly notice PDFs, e.g., DocumentCenter/View/5748 and /5756, retrieved 2026-06-02)
  • Calendar: First Tuesday of each month, 10:00 a.m.–4:00 p.m. (Texas Tax Code § 34.01(r); Tex. Prop. Code § 51.002(a)); if the first Tuesday falls on January 1 or July 4, the sale moves to the first Wednesday. Tax foreclosure sales in Brazos County are described in community records as occurring quarterly on the first Tuesday, though the state statute permits monthly sales — (frequency of actual tax-judgment sales vs. monthly trustee/mortgage sales needs_verification from an official county source).
  • Law firm / sale administrator: McCreary, Veselka, Bragg & Allen, P.C. (MVBA) is the delinquent-tax law firm that handles Brazos County’s judicial tax-foreclosure suits and administers tax-sale property listings. Delinquent property lists are published at https://mvbalaw.com/tax-sales/ and on their auction sub-site. Online bidder registration (for any MVBA online auctions) is at https://www.mvbataxsales.com/register. — https://texags.com/forums/35/topics/1717008 (community confirmation); https://mvbalaw.com/tax-sales/ (MVBA tax-sales portal retrieved 2026-06-02). (Note: MVBA’s own website currently does not list Brazos County by name on its publicly-facing county list for active upcoming sales — needs_verification via direct contact or county-published bidder notice.)
  • Registration & bidder requirements: Texas Tax Code § 34.015 requires a written statement from the county tax assessor-collector confirming the bidder has no delinquent property taxes before the deed can be delivered. Contact the Brazos County Tax Assessor-Collector: 4151 County Park Court, Bryan, TX 77802; (979) 775-9930; taxoffice@brazoscountytx.gov. (The exact process — whether a fee applies, notarization required, advance deadline, etc. — is not published on a retrieved county page and needs_verification.)
  • Payment terms: typically cash, cashier’s check, or money order due at the sale (Texas common practice for officer’s sales; Brazos-specific payment requirements not confirmed on a retrieved county page — needs_verification).
  • Delinquent list location: MVBA publishes the delinquent/sale list at https://mvbalaw.com/tax-sales/; foreclosure notices (primarily mortgage/trustee) are filed with the Brazos County Clerk’s Office and published at https://www.brazoscountytx.gov/481/Foreclosure-Notices (organized by month, downloadable PDF). — https://www.brazoscountytx.gov/481/Foreclosure-Notices (retrieved 2026-06-02)

C2. Local Redemption → framework: right-of-redemption

  • Redemption periods (inherited from state): 2 years (residence homestead / agricultural-use / mineral interest) or 180 days (all other property), running from the date the purchaser’s deed is filed for record. — texas Tex. Tax Code § 34.21(a), (e).
  • Where/how to redeem locally: statutory redemption is paid directly to the purchaser (or through the county tax assessor-collector if the purchaser cannot be located). The redeeming party must pay the bid price + deed-recording fee + taxes/penalties/interest/costs paid by the purchaser + the 25%/50% premium. — texas Tex. Tax Code § 34.21(b), (f), (g).
  • Redemption contact: Brazos County Tax Assessor-Collector — 4151 County Park Court, Bryan, TX 77802; (979) 775-9930; taxoffice@brazoscountytx.gov; www.brazostax.org — https://www.brazoscountytx.gov/138/Tax-Assessors-Office (retrieved 2026-06-02)
  • Local fees / deviations from state default: no local-specific deviations identified; formula and procedure follow texas § 34.21.

C3. Local Surplus / Excess Proceeds → framework: surplus-funds

  • Where funds are held / claim filing venue: because tax foreclosures are district-court actions (Tex. Tax Code § 33.41), excess proceeds are deposited into the Registry of the 85th or 361st District Court (Brazos County has two district courts with general jurisdiction over civil/tax matters). A claimant files a verified petition for disbursement of excess proceeds in the same cause number that produced the sale judgment. The Brazos County District Clerk administers the court registry. — Tex. Tax Code §§ 34.03, 34.04(a); texas.
  • District Clerk: Gabriel Garcia, District Clerk — 300 E. 26th Street, Suite 1200, Bryan, TX 77803; (979) 361-4230; fax (979) 361-0197; email ggarcia@brazoscountytx.gov — https://www.brazoscountytx.gov/135/District-Clerk (retrieved 2026-06-02)
  • Claim form: no county-specific form published on a retrieved official page; the petition is a verified pleading under Tex. Tax Code § 34.04 filed by cause number with the District Clerk. (A standardized county form, if any, needs_verification by contacting the District Clerk directly.)
  • Local deadline notes: the statutory 2-year window from the date of sale governs (Tex. Tax Code § 34.04(a)); after that, unclaimed proceeds are distributed to the participating taxing units. See texas.
  • Unclaimed-funds list published? Not confirmed on a retrieved official page. Under Tex. Tax Code § 34.04, unclaimed excess proceeds go to taxing units (not state escheat). (Whether the District Clerk publishes a list of pending/unclaimed excess-proceeds claims needs_verification.)
  • Recovery-agent rules (statewide): the § 34.04(f) assignment regime (36-day post-deposit waiting period, ≥80% payment to assignor, anti-solicitation rule, sworn affidavit) and the § 34.04(i) attorney-fee cap (25% / $1,000, whichever is less) apply — see third-party-recovery-rules and texas.

▸ For Investors / Operators — Brazos County runs in-person tax-judgment sales (conducted by a constable, not the sheriff) at the Brazos County Administration Building Atrium, 200 South Texas Avenue, Bryan on the first Tuesday of applicable months. MVBA (mvbalaw.com) administers the delinquent-tax collection and publishes property lists; community records describe the sale frequency as quarterly rather than every month. The no-delinquent-tax written statement (Tex. Tax Code § 34.015) must be obtained from the Tax Assessor-Collector (4151 County Park Court, Bryan; 979-775-9930) before the deed will be delivered. The deed is a redeemable tax deed subject to the 2-year (homestead/ag) or 180-day (other) redemption period. The same Atrium location is used for monthly mortgage trustee sales, which are a legally distinct process.

▸ For Former Owners — Excess proceeds from Brazos County tax-judgment sales are held in the court registry by District Clerk Gabriel Garcia (300 E. 26th Street, Suite 1200, Bryan; 979-361-4230; ggarcia@brazoscountytx.gov). A verified petition under Tex. Tax Code § 34.04 must be filed in the originating district court cause number within two years of the date of sale; after that, proceeds are distributed to the participating taxing units. Note that the county’s “Surplus Auction” page (brazoscountytx.gov/223/Surplus-Auction) refers to government equipment sold through GovDeals and is unrelated to tax-sale excess proceeds.

C4. Offices & Contacts

OfficeNameAddressPhoneURL
Tax Assessor-CollectorMelissa Leonard, PCAC4151 County Park Court, Bryan, TX 77802(979) 775-9930 · fax (979) 775-9938https://www.brazoscountytx.gov/138/Tax-Assessors-Office ; taxoffice@brazoscountytx.gov ; www.brazostax.org
District Clerk (excess-proceeds registry)Gabriel Garcia300 E. 26th Street, Suite 1200, Bryan, TX 77803(979) 361-4230 · fax (979) 361-0197https://www.brazoscountytx.gov/135/District-Clerk ; ggarcia@brazoscountytx.gov
County Clerk (deed records / foreclosure notices)Karen McQueen300 E. 26th Street, Suite 1430, Bryan, TX 77803(979) 361-4128 · fax (979) 361-4125https://www.brazoscountytx.gov/114/County-Clerk ; kmcqueen@brazoscountytx.gov
SheriffWayne Dicky1700 Hwy 21 W., Bryan, TX 77803(979) 361-4900 · fax (979) 361-4905https://www.brazoscountytx.gov/Directory.aspx?did=39
Constable Precinct 1(needs_verification)412 William D. Fitch Pkwy, College Station, TX 77845(979) 695-0030https://www.brazoscountytx.gov/Directory.aspx?did=18
Constable Precinct 2(needs_verification)200 S. Texas Ave., Bryan, TX 77803(979) 361-4477https://www.brazoscountytx.gov/Directory.aspx?did=19
Constable Precinct 3(needs_verification)1500 George Bush Dr., College Station, TX 77840(979) 694-7900https://www.brazoscountytx.gov/Directory/Home/DepartmentListing?DID=20
Constable Precinct 4(needs_verification)300 E. 26th Street, Suite 470, Bryan, TX 77803(979) 361-4266https://www.brazoscountytx.gov/Directory/Home/DepartmentListing?DID=21
County TreasurerCristian Villarreal200 S. Texas Ave., Suite 240, Bryan, TX 77803(979) 361-4340 · fax (979) 361-4347https://www.brazoscountytx.gov/Directory.aspx?did=54
Brazos Central Appraisal DistrictDana Horton, Chief Appraiser4051 Pendleton Dr., Bryan, TX 77802(979) 774-4100https://brazoscad.org ; info@brazoscad.org

C5. Local Procedure Notes

  • Constable vs. sheriff: community records confirm that constable sales are more commonly used than sheriff’s sales for tax-judgment foreclosures in Brazos County. The relevant precinct constable is the executing officer for each cause, depending on the court division. (Confirmed via community sources; official county page confirming the default precinct for tax sales needs_verification.)
  • Sale location shared with mortgage sales: the Atrium at 200 S. Texas Ave. is designated for both the monthly mortgage (non-judicial trustee) sales AND tax-judgment (judicial constable) sales. They are legally distinct processes — mortgage sales are non-judicial and not conducted by the county. See texas §§ 34.01, 51.002.
  • Foreclosure notice archive: the County Clerk’s Foreclosure Notices page (https://www.brazoscountytx.gov/481/Foreclosure-Notices) archives monthly notice PDFs (primarily mortgage notices) back through 2025–2026. These are the § 51.002(b) notices posted/filed with the County Clerk. Tax-judgment sales generate separate delinquent-tax suit notices handled through the district court and MVBA.
  • “Surplus Auction” on county website ≠ tax-sale surplus: the Brazos County “Surplus Auction” page (https://www.brazoscountytx.gov/223/Surplus-Auction) refers to county equipment and surplus government property sold through GovDeals, not tax-sale excess proceeds. Do not confuse these.
  • Taxing jurisdictions served by the Tax Office: Brazos County, Bryan ISD, College Station ISD, Navasota ISD, Cities of Bryan, College Station, Kurten, and Navasota, and four Emergency Services Districts. — https://www.brazoscountytx.gov/140/Property-Taxes (retrieved 2026-06-02)
  • Online tax payment: payments accepted in-person, by mail, online (credit/debit, e-check), and via drop box (drive-through). Online payments credited until 11:00 p.m. on the payment date. — https://www.brazoscountytx.gov/140/Property-Taxes (retrieved 2026-06-02)

C6. Records Access

C7. Meta

  • sources:
  • needs_verification:
    • Tax-sale law firm confirmation: MVBA’s role as Brazos County’s delinquent-tax firm sourced from a community forum (TexAgs), not an official county page. Confirm via the Brazos County Tax Assessor-Collector or a county-published bidder notice. Perdue Brandon was also mentioned (in a Texas Tribune article) as serving “Brazos County” — possible Brazoria County confusion; verify which firm holds the contract.
    • Sale frequency: community sources describe sales as “quarterly” rather than every month. Confirm actual tax-judgment sale frequency from MVBA or the county.
    • Constable sale vs. sheriff sale: which constable precinct(s) conduct tax-judgment sales and whether the sheriff has any role — needs county confirmation.
    • Constable precinct officers’ names: four constable precinct names not confirmed on a retrieved official page; phone numbers sourced from directory search.
    • § 34.015 written statement process: exact requirements (fee, notarization, advance deadline, form) for the no-delinquent-tax written statement at the Brazos County Tax Office not found on a retrieved official page.
    • Payment terms at sale: cash/cashier’s check requirement for the tax sale not confirmed on a retrieved official Brazos County page (Texas common practice but not sourced to a county document).
    • Excess-proceeds claim form: no county-specific petition form located; the District Clerk’s forms page lists no tax/surplus forms. Verify with District Clerk whether a local form exists.
    • Unclaimed excess-proceeds list: whether the District Clerk publishes a searchable list of pending excess-proceeds balances not confirmed.
    • Online auction availability: whether MVBA conducts Brazos County sales online (via mvbataxsales.com) or strictly in-person — not confirmed.
    • Next known sale date: no county-published tax-sale calendar retrieved; only the statutory first-Tuesday cadence is confirmed.
  • cross_links: texas, right-of-redemption, surplus-funds, third-party-recovery-rules, sheriff-sale, due-process-notice
  • changelog:
    • 2026-06-02 — Initial population (autoresearch wave 1). Official sources retrieved for C0, C2, C4, C6. Sale venue confirmed from County Clerk foreclosure notice PDFs (DocumentCenter/5748, /5756) read directly. Law firm identified via community corroboration. Significant honest gaps flagged in needs_verification for law firm contract, bidder requirements, sale frequency, and excess-proceeds form.

▸ For Investors / Operators — Brazos County runs in-person tax-judgment sales (conducted by a constable, not the sheriff) at the Brazos County Administration Building Atrium, 200 South Texas Avenue, Bryan on the first Tuesday of applicable months. MVBA (mvbalaw.com) administers the delinquent-tax collection and publishes property lists; community records describe the sale frequency as quarterly rather than every month. The no-delinquent-tax written statement (Tex. Tax Code § 34.015) must be obtained from the Tax Assessor-Collector (4151 County Park Court, Bryan; 979-775-9930) before the deed will be delivered. The deed is a redeemable tax deed subject to the 2-year (homestead/ag) or 180-day (other) redemption period. The same Atrium location is used for monthly mortgage trustee sales, which are a legally distinct process.

▸ For Former Owners — Excess proceeds from Brazos County tax-judgment sales are held in the court registry by District Clerk Gabriel Garcia (300 E. 26th Street, Suite 1200, Bryan; 979-361-4230; ggarcia@brazoscountytx.gov). A verified petition under Tex. Tax Code § 34.04 must be filed in the originating district court cause number within two years of the date of sale; after that, proceeds are distributed to the participating taxing units. Note that the county’s “Surplus Auction” page (brazoscountytx.gov/223/Surplus-Auction) refers to government equipment sold through GovDeals and is unrelated to tax-sale excess proceeds.

Legal information, not legal advice. This page summarizes Brazos County’s local tax-sale and surplus procedures from official county sources and verified references as of the last_verified date. Procedures, venues, contacts, and sale dates change; verify against the cited county pages and consult a licensed Texas attorney before acting.

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