Website Provided by Outside Legal Counsel PLC
www.MichiganTF.com
Michigan Tax Foreclosure LEGAL CHALLENGES
www.MichiganTF.com
Website Provided by Outside Legal Counsel PLC
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www.MichiganTF.com
www.MichiganTF.com
Each year, county and state treasurers throughout Michigan seize and sell thousands of properties from property owners who owe a small amount of past due tax. Many of these parcels are worth thousands or tens of thousands of dollars. Instead of returning the excess sale proceeds or the "equity" in excess of the tax debt, treasurers simply undersell the true value of the property and then keep the extra funds for the county's general budget. It has become governance for profit to fill budget shortcomings of county governments.
Several lawsuits have been filed seeking to force county treasurers and county governments to provide refunds for the "equity" value of properties seized, destroyed, and otherwise kept above the total tax debt owed. The lawsuits have been hot contested.
In 2020, the Michigan Supreme Court changed the counties' practices in Rafaeli, LLC v. Oakland County. Michigan's highest court held that when the government kept money above and beyond the actual delinquent taxes, interest, and penalties, it was committing an unconstitutional taking. In response, the Legislature created MCL 211.78t, a statute that provides a structured, court-supervised process for owners and interest holders to claim these back a portion of the “remaining proceeds.” But is really never pays back what is fully owed.
We are suing across the state to stop this process and undertaking process to at least force remaining proceeds monies to be returned to formrrproperty owners (or their heirs if the owners have passed away). However, the counties and their treasurers are pushing back to try to keep the equity seized above the past due tax amounts.
We are suing across the state to stop this process and undertaking process to at least force remaining proceeds monies to be returned to former property owners (or their heirs if the owners have passed away). However, the counties and their treasurers are pushing back to try to keep the equity seized above the past due tax amounts.
If you need legal assistance regarding a prior or forthcoming tax foreclosure, immediately contact OLC.
Outside Legal Counsel PLC
530 West Saginaw St
Hemlock, MI 48626
(989) 642-0055
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