Macomb County, Michigan — Excess Proceeds Guide

County Overview And Why Excess Proceeds May Exist

Macomb County is the third-most populous county in Michigan, with approximately 875,000 residents across communities including Mount Clemens (the county seat), Warren, Sterling Heights, Clinton Township, Shelby Township, and St. Clair Shores. Located northeast of Detroit along the Lake St. Clair shoreline, Macomb County's economy is anchored by automotive manufacturing, defense contracting (including the U.S. Army's TACOM facility), health care, and a growing logistics and distribution sector. The housing stock ranges from lakefront properties along Lake St. Clair to mid-century bungalows in Warren, historic homes in Mount Clemens, and newer subdivisions in the northern townships.

Michigan allows both judicial foreclosure (by court action) and non-judicial foreclosure by advertisement — the latter being more common for residential mortgages. In Macomb County, foreclosure by advertisement sales are conducted by the Macomb County Sheriff's Office (for sheriff's sales), and the proceedings are recorded with the Macomb County Register of Deeds. Michigan's most significant source of surplus, however, is tax foreclosure under the General Property Tax Act. The Macomb County Treasurer conducts tax foreclosure auctions, and under Michigan law, when a tax-foreclosed property sells for more than the aggregate tax delinquency, interest, penalties, and costs, the surplus — sometimes called "proceeds in excess of the minimum bid" — must be held for the former owner and other parties of interest. Macomb County's substantial volume of tax-delinquent properties, combined with the region's recovering real estate values, means that tax foreclosure surplus is both common and, in some cases, significant.

Common Sale Types That May Produce Surplus

• Tax Foreclosure: The predominant surplus source. Administered by the Macomb County Treasurer. Proceeds above the tax delinquency, interest, penalties, and costs may be claimed by the former owner and other interested parties under the General Property Tax Act.
• Mortgage Foreclosure by Advertisement: Surplus from a sheriff's sale above the mortgage debt and costs belongs to the former owner and junior lienholders.
• Judicial Foreclosure: Surplus from a court-supervised foreclosure sale, deposited with the Macomb County Circuit Court.

Where Funds May Be Held

Tax foreclosure surplus in Macomb County is held and administered by the Macomb County Treasurer. Under the General Property Tax Act, the former property owner and other parties with a legal interest may file a claim for surplus proceeds. The Treasurer's office processes these claims according to statutory procedures, and claimants must provide documentation of their ownership interest. Mortgage foreclosure surplus may be held by the Macomb County Circuit Court (for judicial foreclosures) or by the foreclosing lender (for foreclosure by advertisement). The Macomb County Register of Deeds maintains the property records needed to trace ownership and identify the chain of title. When the former owner is deceased, the Macomb County Probate Court handles estate administration. The Treasurer is the most important office for surplus claimants in Macomb County, as tax foreclosures are the most frequent source of surplus in Michigan.

Who May Have a Claim

Under Michigan law, eligible claimants for surplus proceeds in Macomb County include:

• Former Property Owners — The record owner at the time of tax or mortgage foreclosure.
• Heirs of Deceased Owners — Lawful heirs who can establish standing through the Macomb County Probate Court.
• Personal Representatives and Executors — Fiduciaries appointed by the Probate Court to administer an estate.
• Junior Lienholders — Second mortgages, judgment liens, mechanic's liens, and other subordinate recorded interests.
• Trustees — Where the property was held in a trust.

Documents Usually Needed

• Government-issued photo identification
• Recorded deed or land contract showing ownership at time of foreclosure
• Tax foreclosure information: parcel identification number, date of foreclosure, and Treasurer file reference
• Sheriff's deed or foreclosure by advertisement information (for mortgage foreclosures)
• Certified death certificate (if former owner is deceased)
• Letters of Authority, Order of Formal Proceedings, or other probate appointment from the Macomb County Probate Court
• Trust documents (if applicable)
• Proof of heirship: birth certificates, marriage certificates, and sworn affidavits

The Attorney-Led Recovery Process

Recovering surplus in Macomb County typically focuses on the Treasurer's tax foreclosure process. NEPEX coordinates with Michigan attorneys experienced in Macomb County:

1. Intake And Verification: NEPEX collects claimant and property information and identifies the foreclosure type — tax or mortgage.
2. Case Assessment: A qualified Michigan attorney reviews the Treasurer's records or court files, confirms surplus availability, and determines the claim procedure.
3. Probate Navigation: For deceased owners, the attorney works with the Macomb County Probate Court to open or recognize the estate.
4. Document Assembly: The attorney compiles the deed, identification, probate orders, and all required supporting materials.
5. Filing: A claim is filed with the Macomb County Treasurer for tax foreclosure surplus, the appropriate court for judicial surplus, or a demand is made to the foreclosing lender for surplus from foreclosure by advertisement.
6. Disbursement: Upon approval, surplus is distributed with approved fees and costs paid from the recovery.

NEPEX does not file claims, practice law, or represent claimants. The claimant retains all decision-making authority with attorney guidance.

For Realtors, Attorneys, And Professionals

Macomb County's real estate market — serving one of the most significant manufacturing labor forces in the United States — has experienced pronounced cycles of distress and recovery. Attorneys practicing in Macomb County circuit and probate courts should routinely screen tax-foreclosed properties for surplus as part of any real-estate related representation. Realtors in Warren, Sterling Heights, Clinton Township, and the lakeshore communities of St. Clair Shores should be alert to past clients who lost homes through tax foreclosure — many Michigan homeowners are unaware that tax foreclosure surplus may be recoverable. Title professionals in Macomb County should flag tax-foreclosed properties in chain-of-title searches. Probate practitioners handling Macomb County estates should check the Treasurer's records for any prior tax foreclosure involving the decedent's property. NEPEX accepts professional referrals for Macomb County intake review, documentation support, and attorney referral.