Claiming Interest in Foreclosure Sale 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.

• Form 5743 Notice of Intention to Claim Interest in Foreclosure Sales Proceeds

As a result of a recent decision by the Michigan Supreme Court, if your property was foreclosed and sold in an auction between 2015 through 2020, you may be eligible to claim remaining proceeds from the sale.  This includes persons with an interest in the property (i.e. mortgage and lien holders).

• Form 6156 Notice of Intention to Claim Interest in Foreclosure Sale Proceeds From Sales Occurring Prior to December 22, 2020 
• New Form CC 540 Motion to Claim Remaining Proceeds from Tax Foreclosure Sale On or After July 18, 2020
• New Form CC 541, Motion to Claim Remaining Proceeds from Tax Foreclosure Sale Before July 18, 2020

The completed forms must be served to the Saginaw County Treasurer's Office in person or by certified mail by March 31, 2025.

Saginaw County Treasurer
111 S. Michigan Ave, Rm 107
Saginaw, MI 48602

https://www.michigan.gov/taxes/property/forfeiture-foreclosure/taxpayer-resources