Former owners of Michigan homes and land lost to tax foreclosure have until Nov. 23, 2026 to file a claim for the surplus that counties kept when the property sold at auction for more than the taxes owed. The deadline applies in 28 participating counties and covers foreclosures from Jan. 1, 2013 through Dec. 31, 2020. A federal court pushed it back from July 16 in an Aug. 25 order, and no money moves until a judge gives final approval in January.
The settlement resolves two federal lawsuits in the Eastern District of Michigan, Fox v. County of Saginaw and Arkona v. County of Cheboygan. Class members with a valid claim will usually receive 125% of the surplus proceeds, less court-awarded fees and costs. Interim class counsel has asked the court for fees equal to 20% of the amounts paid.
Who counts as a former homeowner in the 28 counties
A class member is an owner of fee simple property in a participating county, or the estate of an owner who went bankrupt or died, whose parcel was foreclosed for unpaid taxes and sold at tax auction for more than the minimum sale price without the county refunding the difference, according to a summary of the settlement terms. Heirs and people authorized to act for an owner or estate may also file. Anyone who lost a Michigan property between 2013 and 2020 has to check whether the county was one of those below and file before the date.
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The settlement website names the participating counties: Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Genesee, Gladwin, Gratiot, Huron, Isabella, Jackson, Lapeer, Lenawee, Macomb, Midland, Monroe, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Sanilac, St. Clair and Tuscola. Washtenaw County was a defendant in the Fox case but is not on the participating list, so a former Washtenaw owner is outside this claim. Monroe and Cheboygan come from the Arkona case, and the other 26 from Fox.
Why the claim window now closes Nov. 23 instead of July 16
The original claim deadline was July 16, 2026. The court extended it to Nov. 23 by an order dated Aug. 25, 2026, filed as ECF No. 517 in the Fox case. County governments are passing the new date along: the Bay County Treasurer’s Office says the claims deadline is November 23, 2026, and Otsego County’s page gives the same date.
The printable paper claim form still says claim forms must be postmarked no later than July 16, 2026. Anyone mailing a form should treat Nov. 23 as the governing date and mail it early enough to be postmarked well before it, since the older line on the form could otherwise cause confusion.
What 125% of the surplus means, and when payment could come
The settlement site says class members can generally recover 125% of their property’s surplus proceeds, minus attorneys’ fees and costs, subject to certain adjustments. If the court grants the requested 20% fee, the settlement summary says most claimants would net about 100% of the surplus. The judge decides the fee at the final approval hearing.
Payments can be reduced or eliminated for someone who pursued a Public Act 256 claim, or if a county receives an unexpectedly large volume of claims. The same summary says no payments will be made until the court grants final approval and any appeals are resolved, and that the process takes at least nine months from the notice if nobody appeals.
- Final approval motion due: Dec. 7, 2026
- Responses due: Dec. 28, 2026
- Final approval hearing: Jan. 22, 2027, 3 p.m., Bay City
How to file the claim, and what to do without a Unique ID
The claim filing page offers an online form and a printable one. The notice mailed to class members carries a Unique ID, and the claim asks for the property address, county, foreclosure year and tax or parcel number, plus any previous names tied to the property. Filing costs nothing, and the claim is signed under penalty of perjury.
The paper form tells claimants to attach documents showing an ownership interest at the time of foreclosure, such as deeds, tax bills or mortgage papers. A trust needs a certificate of trust, and heirs must show they are a beneficiary or heir. Anyone acting under a power of attorney must attach it, and a court-appointed representative must name the court and case number. Mailed claims go to Surplus Proceeds Settlement, c/o RG2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479.
People who think they belong in the class but never received a notice can reach RG/2 Claims Administration at 1 (866) 742-4955 or SurplusProceedsSettlement@rg2claims.com. County treasurers can also point people to the right place; the Bay County office, for one, answers at (989) 895-4285. With the Nov. 23 date fixed and the January hearing still ahead, the open question for each former owner is whether the old parcel was in one of the 28 counties and whether a deed or tax bill from those years can still be found.
Did a Michigan foreclosure sale leave surplus behind?
A former owner who loses track of the Nov. 23 date, or cannot produce a deed or tax bill from a foreclosure years ago, can lose a claim that pays out at about 125% of the surplus before fees. The documents are the usual sticking point.
“The Money Owed to You Bundle” packs all 8 Money Owed guides for $8, including “Find Unclaimed Money in Every State,” which covers every state a person has lived in and every name used. Its “Open Settlements: How to File” guide lays out the four-date rule, the two claim tiers, proof without receipts and chasing a payment.
Get the open-settlements filing guide and claim checklist for a Michigan surplus claim →
This article was produced with AI assistance and edited for accuracy against the sources linked above.
Warren Cohen is a finance writer based in Phoenix, Arizona, covering personal finance topics including credit, banking, and beginner investing. He earned his degree in business administration from Arizona State University and began his career working in consumer finance, where he gained direct experience with lending and credit systems. He now writes for personal finance websites and fintech platforms, focusing on clear, practical content that helps readers make informed financial decisions.
