Eviction after Tax Foreclosure

How it Starts  If a Taxpayer fails to pay his/her tax bill, the foreclosing government unit (FGU) usually the county treasurer will send a series of notices for two years from the time the taxes are due.  In the third year, the FGU brings a foreclosure action in circuit court based on the unpaid taxes.

continued  Title to the homeowner’s property will vest absolutely in the State of Michigan if not redeemed within 21 days after entry of a judgment of foreclosure.

continued  The home will then be offered at auction for sale where the homeowner and third parties can bid on the home.  If a third party purchases the home the homeowner will then be evicted.

Process for the new owner to evict the former owner who has lost his/her home to tax foreclosure.  a. After the new owner has obtained title to the property, he/she will send the homeowner a 30 day notice to quit.  b.If the previous homeowner is still in the property, the new owner will then file an Summons and Complaint (S&C), in the district court that has jurisdiction over the property.

continued  c.The homeowner will be served with the S&C and be summoned to the court on a specific date and time.

continued  e.If the former homeowner does not attend the hearing, a default judgment will be issued and they will have 10 days to vacate the property.  f.If they attend the hearing, and an agreement is not obtained for more time and/or no applicable defenses are available the homeowner will have 10 days to move.

continued  g.If the former homeowner is still at the premise after the expiration of the 10 days, the new owner will go back to court and file an “application and order of eviction,” which the judge signs and then is served on the homeowner.  A court officer executes it by removing the homeowner from the property.

 Know you rights and call the Housing Rights Center of Michigan (HCRMI) at Elm Inc. at