Facing Tax Foreclosure in Eaton County, Michigan? Know Your Rights
If you are a homeowner in Eaton County, Michigan, dealing with delinquent property taxes or facing foreclosure, you are not alone and you have more rights than you may realize. This guide explains how the process works in your county, what protections exist, and steps you can take right now.
How Tax Sales Work in Eaton County
Michigan uses a tax reversion (tax deed) process. The County Treasurer in Charlotte forecloses on properties with unpaid taxes after a redemption period (typically until March 31 of the third year). If the property is sold for more than the delinquent taxes and costs, the excess is surplus funds that belong to you.
Surplus Funds and Tyler v. Hennepin County
In 2023, the U.S. Supreme Court ruled unanimously in Tyler v. Hennepin County that governments cannot keep surplus proceeds from tax sales beyond what is owed, as this violates the Fifth Amendment. Michigan was a pioneer with the Rafaeli decision, and Tyler v. Hennepin reinforced these protections nationwide.
Key Deadlines
Michigan has a six-year statute of limitations for constitutional taking claims. Court-held funds unclaimed for over one year are presumed abandoned under MCL 567.234. Sales as far back as 2008 may still be claimable.
The Rafaeli decision (2020) found that keeping surplus from tax sales is unconstitutional. If you lost property to foreclosure going back to 2008, you may still have a claim.
Steps to Take Now
- Contact the County Treasurer to ask about surplus fund claims following the Rafaeli decision.
- Gather proof of identity, ownership at the time of foreclosure (deed, tax records), and any probate documents if claiming as an heir.
- File a claim following the county's specific post-Rafaeli procedures.
- Consider consulting an attorney, as Michigan's surplus landscape is complex and evolving.
Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps homeowners recover surplus funds and understand their rights, completely free. We can search for surplus funds, guide you through the claims process, and connect you with legal resources.
Visit AuctionBlock.org today to find out if you are owed money.
AuctionBlock.org is a mission-driven company. This article is for educational purposes only and is not legal advice. Verify current statutes and consult a licensed Michigan attorney before acting. Updated April 2026.