Mortgage foreclosure surplus

MCL § 600.3252 directly governs proceeds from mortgage foreclosure by advertisement: after costs and the secured debt, junior mortgagees or lienholders are paid by priority and the remaining balance goes to the mortgagor or successors. Sections 600.3201 et seq. govern the procedure. Section 600.3252 states no fixed owner-claim cutoff. Where claims conflict, the officer may pay surplus to the court for a priority determination. Post-sale property-redemption periods under § 600.3240 vary by property and are not surplus-claim deadlines.

Tax sale surplus

MCL § 211.78t is the specific statutory procedure for surplus from a county tax foreclosure sale. It was enacted after Rafaeli, LLC v. Oakland County, 505 Mich. 429 (2020), and controls notices, allocation, and circuit-court motions. For current sales, submit the notice of intent to claim by July 1 following foreclosure; after the foreclosing unit’s notice, file the circuit-court motion generally between February 1 and May 15 of the next year (§ 211.78t).

Unclaimed funds

Michigan Uniform Unclaimed Property Act, MCL §§ 567.221 et seq.; § 567.245 governs owner claims to the Department of Treasury. Section 567.245 imposes no fixed initial owner-claim deadline and gives the administrator 90 days to consider a claim. The MCL § 211.78t tax-foreclosure deadlines are separate and strict.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute