Foreclosure Auction Claimants

Michigan

Beginning with 2021 tax foreclosures, in accordance with MCL 211.78t, those who hold title or equity interest in a property at the time of foreclosure, may file to claim leftover proceeds (if any are available), on parcels which sell for more than the taxes due.  Claiming potential proceeds begins with filing the below form 5743 Notice of Intention to Claim Interest in Foreclosure Sales Proceeds with the Newaygo County Treasurers office by the July 1 immediately following the effective date of the foreclosure.  As the Foreclosing Governmental Unit (FGU) for Newaygo County, the Newaygo County Treasurer’s office will respond by January 31 following the foreclosure auctions, with a form 5744 Notice to Claimant to File Motion with the Circuit Court.  Provided there are surplus proceeds remaining for the property, the claimant may then file a motion with the circuit court between February 1 and May 15, following the notice from the FGU.  The courts will then set a hearing date and time to determine claim payments.

This applies to the 2021 tax foreclosure auction and future tax foreclosure auctions only.  This does not apply retroactively.

Forms

5743 Notice of Intention to Claim Interest in Foreclosure Sales Proceeds

If your property is being tax foreclosed, Michigan foreclosure law stipulates that you are entitled to information about legal assistance that is available from the State Bar of Michigan’s Legal referral Center. Please go to https://lrs.michbar.org or call (800) 968-0738 for more information.