The Supreme Court will not hear a Michigan foreclosure case related to a tax delinquency. On Oct. 2, 2023, the nation’s highest court denied the petition for a writ of certiorari.
The focus of the case was whether foreclosing on a home for not timely paying property taxes constituted a violation of the federal Takings Clause when the home was worth more than the tax delinquency. If that sounds vaguely familiar, the issue is essentially the same one the Court considered in Tyler v. Hennepin County. The Supreme Court unanimously ruled for the taxpayer in that case, finding that the surplus value is protected by the Fifth Amendment.
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