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Homeowner lostBindingPending attorney reviewTax sale surplus (excess proceeds)

Pung v. Isabella County

Pung v. Isabella County, No. 25-95, slip op. (U.S. June 23, 2026)

Court
Supreme Court of the United States
Decided
2026-06-23
Docket
25-95

What happened

The Pung family owed about $2,242 in property taxes. Isabella County, Michigan, sold their home — assessed at $194,400 — for $76,008 at auction. Their representative argued they were owed the home's fair market value, not just the auction surplus.

What the court decided

The Supreme Court held that after a tax sale, just compensation is measured by the auction sale price (the surplus over the tax debt), not the home's hypothetical market value, at least when the sale is fairly conducted; the Excessive Fines Clause does not require more. It vacated and sent the case back.

In the court's words

“The baseline for measuring just compensation in the tax-sale context is therefore the sale price, not the property’s hypothetical fair market value”

Why it may matter to you

Read it with Tyler: you have a right to the surplus, but not to the full market value. That is why acting BEFORE a tax sale — paying, a payment plan, a deferral — protects far more of your equity.

Why it might not apply

Very recent (June 2026); lower courts are still applying it. The Court left open what makes a sale "fairly conducted", so a badly run sale may still be challenged.

Most useful when

  • Your home was sold for taxes and you want its full market value back, not just the surplus

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationPung v. Isabella County, No. 25-95, slip op. (U.S. June 23, 2026)Short formPung, No. 25-95 (U.S. June 23, 2026)

Draft — check it with free legal aid before you file or say it in court.

In Pung v. Isabella County, No. 25-95, slip op. (U.S. June 23, 2026), the court held that after a fairly conducted tax sale, the government owes the former owner the surplus from the sale price, not the property's fair market value. Here, [say in one sentence what happened in your case]

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