Foreclosure Right of First Refusal
State law requires that properties subject to tax foreclosure be made available to the State, the local cities, villages, townships, and the County for purchase prior to auction. Properties that are not taken by a government entity are offered for auction. Please be aware that state law does not allow the owner of a property that has been foreclosed to purchase that property at auction for anything less than the taxes, fees, and interest that were outstanding at the time of foreclosure.
How can I claim interest in Foreclosure Sales Proceeds?
Beginning with the 2021 foreclosures, in accordance with MCL 211.78t those who hold title or equity interest in property at the time of foreclosure, may file to claim leftover proceeds, if any are available, associated to those parcels which sell for more than the owing delinquency. Claiming potential proceeds begins with filing the below form 5743 Notice of Intention to Claim Interest in Foreclosure Sales Proceeds with the Foreclosing Governmental Unit (FGU) by the July 1 immediately following the effective date of the foreclosure. The FGU 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 actually 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.
A claim may be made for pre-2021 foreclosure sales only if the Michigan supreme court orders that its decision in Rafaeli, LLC v Oakland County, docket no. 156849, applies retroactively. We will update this information, following any supreme court ruling.
Can I get a list of foreclosed properties to purchase at your auction?
Yes. The list is available approximately July 1st of each year. Kent County began utilizing Tax-Sale.info to conduct real property foreclosure auctions. You may direct questions regarding Tax-Sale.info auctions to 800-259-7470
Title Check, LLC is the agent for the Kent County Treasurer to manage activities leading up to the auction as well as the auction. Title Check provides information regarding the auction process and specific auction information when it becomes available which is about 30 days prior to the auction date.