Auctions and Claims
Foreclosure and Auction
State law requires that properties subject to tax foreclosure be made available to the State, the local community, and the County offered to the State of Michigan, city, village, township, city authority, county, or county authority for purchase prior to auction. Properties that are not taken by a government entity are offered for auction in September and October. Please be aware that state law does not allow the owner of a property that has been foreclosed to purchase that property at auction for anything less than the taxes, fees, and interest that were outstanding at the time of foreclosure.
Beginning with the 2021 foreclosures, in accordance with MCL 211.78t, persons who hold title or equity interest in a property at the time of foreclosure may file a "Notice of Intent to Claim" to claim any potential remaining sales proceeds associated with the parcels that exceed the amount of the outstanding delinquency. Claiming potential proceeds begins with filing the below form 5743 Notice of Intention to Claim Interest in Foreclosure Sales Proceeds with the Wayne County Treasurer's Office ("WCTO") by the July 1 immediately following the effective date of the foreclosure.
You must submit the completed Form 5743 by CERTIFIED MAIL OR PERSONAL DELIVERY to The Wayne County Treasurer, 400 Monroe, 5th Floor, Detroit, MI 48226 no later than July 1, 2022. The WCTO 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 3rd Circuit Court between February 1 and May 15, following the notice from the WCTO. The court 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. Information on the pre-2021 claims process will be provided upon the final ruling in that case.
Notice of Intent to Claim Interest in Foreclosure Proceeds
FOR AUCTION QUESTIONS PLEASE SEND AN EMAIL TO: WCTauction@waynecounty.com
Properties sold in the Tax Foreclosure Auction are sold "as is and "where is" with no warranties, either expressed or implied. Prior to the auction, purchasers are advised to research the property(s) condition and to perform careful due diligence to understand any potential issues with the property, including but not limited to, special assessment, environmental issues or demolition status. Please read the auction rules and regulations before you register for the auction.
When property auctions are heldProperty auctions are held in September and October of the year foreclosed. Properties are offered for a minimum bid that consists of all delinquent taxes, penalties and interest. Properties not sold at the September auction are then offered at our October auction. Successful bidders will receive a Quit Claim deed to the property.