Did you lose your home to foreclosure in 2025?

If so, you have a right to claim any excess proceeds from the subsequent sale of your property! Deadline: Before July 1, 2025

In the 2020 case, Rafaeli, LLC v. Oakland County, the Michigan Supreme Court held that if someone’s property is foreclosed for unpaid property taxes and then sold for a surplus after the minimum bid, statutory fees, and costs that a party with an interest in the property at the time of foreclosure has a right to recover the remaining proceeds from the sale.

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Following the Supreme Court Decision, the Michigan Legislature enacted legislation to create a statutory process to claim surplus proceeds that must be followed to recover any surplus funds.

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Process to Claim Surplus Proceeds:

1. You must file Form 5743 with your local county treasurer before July 1, 2025. If you fail to do this, you will lose your right to claim the surplus proceeds.
2. In January 2026, you will receive Form 5744 from your local county treasurer requesting you to file a motion with the Circuit Court. This form will include all necessary information for filing the motion.
3. Between February 1 and May 15, 2026, you must file a motion with the Circuit Court in the previous foreclosure case.

FORM 5743 – Notice of Intention to Claim Interest in Foreclosure Sales Proceeds

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Where to Get Help:

Local County Treasurer Information