Michigan · money left over after a foreclosure sale

You can claim it yourself, for free

Who holds it

The officer who held the foreclosure-by-advertisement sale (sheriff, undersheriff, deputy, or a person named in the mortgage). If a junior lienholder files a sworn claim, the money goes to the circuit court clerk.

How long

Not researched yet — ask the clerk

How you claim

If no competing claim is filed, ask the person who made the sale for the surplus; it is paid to the mortgagor, heirs or assigns on demand. If a lien claim was filed, the surplus is paid to the circuit court clerk and the court decides after a hearing.

If someone offers to do it for you

Checklist: Michigan, money left over after a foreclosure sale

Who holds it: The officer who held the foreclosure-by-advertisement sale (sheriff, undersheriff, deputy, or a person named in the mortgage). If a junior lienholder files a sworn claim, the money goes to the circuit court clerk.

How long: Not researched yet — ask the clerk

How you claim: If no competing claim is filed, ask the person who made the sale for the surplus; it is paid to the mortgagor, heirs or assigns on demand. If a lien claim was filed, the surplus is paid to the circuit court clerk and the court decides after a hearing.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Find who conducted the sale from the sale notice or deed
  2. Make a written demand for the surplus to that officer
  3. If a lien claim was filed, the surplus goes to the circuit court clerk; any interested person can ask the court for a hearing
  4. The court orders how the surplus is split

Documents

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

Official links

Source: MCL 600.3252; MCL 600.3216; MCL 600.3135; MCL 600.3240. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.