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Surplus rules · MIRestricted Verified against statute

Surplus funds in Michigan: the rules, straight.

State law tightly limits (or bars) contingency recovery here, so intake is case-by-case with counsel review first.

Foreclosure / mortgage surplus

Legal — no statutory fee cap found pre-escheat.

How the claim moves

To the mortgagor on demand / circuit court (MCL 600.3252).

Workable but thin — the money is in the tax stream, which is locked.

Tax sale overages

Assignments are restricted here; claims move under owner-signed service agreements only.

How the claim moves

FGU process: Form 5743 notice by JULY 1 after foreclosure, then motion FEB 1–MAY 15 (MCL 211.78t).

Claims NON-TRANSFERABLE except by inheritance (§ 78t(11)); 78t is the exclusive remedy. Purchase-model contracts are worth zero. Service-agreement + counsel model only, calendar-perfect.

Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.

If nobody claims it: Missed calendar = claim barred forever.

Cars, boats & RVs in Michigan: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.

This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered.

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