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Right to excess sale proceeds when a town sells a tax-acquired home

Me. Rev. Stat. tit. 36, § 943-C

In plain words

After Tyler v. Hennepin County, Maine changed its law. When a town sells tax-acquired property, it must use a set sale process and pay the former owner the excess sale proceeds above the taxes and costs, after sending written notice by first-class and certified mail.

Who is protected

Former owners (or their heirs) of Maine tax-acquired property.

When it applies

  • Only in Maine.
  • Only after the foreclosure sale.
  • Only if you are behind on property taxes.
Check whether it applies to you

What you can do

  • Get property-tax help

    Keep your address current with the town and respond to its notice about excess proceeds.

    Open the tool

Honest limits

  • Taxes, interest, costs and sale expenses are deducted first.
  • This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.

The law

  1. State lawSale of tax-acquired property; excess proceeds

    Me. Rev. Stat. tit. 36, § 943-C

    What it says: The municipality must pay the former owner any excess sale proceeds, after written notice.

    Read the official text

Court cases

  • Homeowner wonCited for this right
    Tyler v. Hennepin County

    Tyler v. Hennepin County, 598 U.S. 631 (2023)

    a government that sells a home for unpaid taxes and keeps the value beyond the tax debt takes property without just compensation

  • Homeowner lostCited for this right
    Pung v. Isabella County

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

    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

  • Homeowner wonSame topic
    Hall v. Meisner

    Hall v. Meisner, 51 F.4th 185 (6th Cir. 2022)

    a homeowner's equity in property taken for a smaller tax debt is protected property, and taking it without compensation states a federal takings claim

  • Homeowner wonSame topic
    Jones v. Flowers

    Jones v. Flowers, 547 U.S. 220 (2006)

    when mailed notice of a tax sale is returned undelivered, the government must take additional reasonable steps to notify the owner before selling the property

  • Homeowner wonSame topic
    Mennonite Board of Missions v. Adams

    Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983)

    a person with a recorded interest in property is entitled to notice by mail or equally reliable means before a tax sale, and publication or posting alone is not enough

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Homeowner lostSame topic
    Milton v. U.S. Bank National Ass'n

    Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)

    an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced

  • Homeowner lostSame topic
    BFP v. Resolution Trust Corp.

    BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)

    the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code

Related rights

State lawVerified Sep 23, 2026

Right to pay off a tax lien within 18 months

Me. Rev. Stat. tit. 36, § 943

In Maine, unpaid property taxes become a tax lien mortgage recorded at the registry of deeds. You have 18 months after the tax lien certificate is recorded to pay the taxes, interest and costs. If you do not, the lien is treated as foreclosed and your right to redeem ends, so watch for the town’s notices before the deadline.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The government cannot keep your home equity beyond the tax debt

U.S. Const. amend. VTakings Clause

If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The right to real notice before the government takes or sells your home

U.S. Const. amend. XIV, § 1Due Process Clause

Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.

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Federal lawVerified Sep 23, 2026

After a discharge, creditors cannot collect the wiped-out debt from you

11 U.S.C. § 524(a)(2)

A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.

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Federal lawVerified Sep 23, 2026

Renters get at least 90 days' notice after a foreclosure

12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))

If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.

Read this right
Federal regulationVerified Sep 23, 2026

Fair handling of your escrow account

12 C.F.R. § 1024.17(c)(1)

If your servicer collects money for taxes and insurance (escrow), it must pay those bills on time as long as you are not more than 30 days behind. It must review the account every year and send you a statement. It cannot keep more than a small cushion (one-sixth of a year's payments), and it must refund a surplus of $50 or more within 30 days of the review. When you pay off the loan, it must return what is left within 20 business days.

Read this right