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State lawVerified Sep 23, 2026After a foreclosure sale

Right to surplus money from a sheriff’s sale

MCL 600.3252

In plain words

If a Michigan foreclosure sale brings in more than the amount owed and costs, the extra money must be paid to the mortgagor (the borrower) on demand. Junior lienholders may also claim it, so ask quickly.

Who is protected

Michigan mortgagors after a foreclosure-by-advertisement sale.

When it applies

  • Only in Michigan.
  • Only after the foreclosure sale.
Check whether it applies to you

What you can do

  • Ask in writing

    Send a written demand for the surplus to the sheriff (or person who held the sale).

    Deadline: As soon as possible after the sale

    Open the tool

Honest limits

  • Other lienholders may be paid first or contest the claim.
  • 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 lawSurplus paid to mortgagor

    MCL 600.3252

    What it says: Any surplus from the sale must be paid on demand to the mortgagor or assigns.

    Read the official text

Court cases

  • 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    Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)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 redeem your home after the sheriff’s sale — usually 6 months

MCL 600.3240(8)

After a Michigan sheriff’s sale you usually still have time to redeem (buy back) the home, and you can generally keep living there. For a home of up to 4 units, the period is 6 months if more than two-thirds of the original loan was still owed; otherwise it is usually 1 year. It can be as short as 30 days if the home is found abandoned.

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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.

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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.

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State lawVerified Sep 23, 2026

Right to claim remaining proceeds after a tax foreclosure sale — file by July 1

MCL 211.78t(2)

After Rafaeli v. Oakland County (2020), Michigan lets former owners claim the money left over when the county sells a tax-foreclosed property. You must send the county the state’s claim form (Form 5743) by the July 1 right after the foreclosure takes effect. Later, the county files a court motion and you can ask the court to award you the remaining proceeds.

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