Mich. Comp. Laws § 211.78a

Property returned as delinquent subject to forfeiture, foreclosure, and sale; unpaid taxes from preceding year; county property tax administration fee and interest; notice of return of delinquent taxes; annual fee; procedures and schedules established by ordinance.

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THE GENERAL PROPERTY TAX ACT


Act 206 of 1893


211.78a Property returned as delinquent subject to forfeiture, foreclosure, and sale; unpaid taxes from preceding year; county property tax administration fee and interest; notice of return of delinquent taxes; annual fee; procedures and schedules established by ordinance.

Sec. 78a.

    (1) For taxes levied after December 31, 1998, all property returned for delinquent taxes, and upon which taxes, interest, penalties, and fees remain unpaid after the property is returned as delinquent to the county treasurers of this state under this act, is subject to forfeiture, foreclosure, and sale for the enforcement and collection of the delinquent taxes as provided in section 78, this section, and sections 78b to 79a. As used in section 78, this section, and sections 78b to 79a, "taxes" includes interest, penalties, and fees imposed before the taxes become delinquent and unpaid special assessments or other assessments that are due and payable up to and including the date of the foreclosure hearing under section 78k.

    (2) On March 1 in each year, taxes levied in the immediately preceding year that remain unpaid shall be returned as delinquent for collection. However, if the last day in a year that taxes are due and payable before being returned as delinquent is on a Saturday, Sunday, or legal holiday, the last day taxes are due and payable before being returned as delinquent is on the next business day and taxes levied in the immediately preceding year that remain unpaid shall be returned as delinquent on the immediately succeeding business day. Except as otherwise provided in section 79 for certified abandoned property, property delinquent for taxes levied in the second year preceding the forfeiture under section 78g or in a prior year to which this section applies shall be forfeited to the county treasurer for the total of the unpaid taxes, interest, penalties, and fees for those years as provided under section 78g.

    (3) A county property tax administration fee of 4% and, except as provided in section 78g(3)(c), interest computed at a noncompounded rate of 1% per month or fraction of a month on the taxes that were originally returned as delinquent, computed from the date that the taxes originally became delinquent, shall be added to property returned as delinquent under this section. A county property tax administration fee provided for under this subsection shall not be less than $1.00.

    (4) Any person with an unrecorded property interest or any other person who wishes at any time to receive notice of the return of delinquent taxes on a parcel of property may pay an annual fee not to exceed $5.00 by February 1 to the county treasurer and specify the parcel identification number, the address of the property, and the address to which the notice shall be sent. Holders of any undischarged mortgages wishing to receive notice of the return of delinquent taxes on a parcel or parcels of property may provide a list of such parcels in a form prescribed by the county treasurer and pay an annual fee not to exceed $1.00 per parcel to the county treasurer and specify for each parcel the parcel identification number, the address of the property, and the address to which the notice should be sent. The county treasurer shall notify the person or holders of undischarged mortgages if delinquent taxes on the property or properties are returned within that year.

    (5) Notwithstanding any charter provision to the contrary, the governing body of a local governmental unit that collects delinquent taxes may establish for any property, by ordinance, procedures for the collection of delinquent taxes and the enforcement of tax liens and the schedule for the forfeiture or foreclosure of delinquent tax liens. The procedures and schedule established by ordinance shall conform at a minimum to those procedures and schedules established under sections 78a to 78l, except that those taxes subject to a payment plan approved by the treasurer of the local governmental unit as of July 1, 1999 shall not be considered delinquent if payments are not delinquent under that payment plan.

History: Add. 1999, Act 123, Eff. Oct. 1, 1999 ;-- Am. 2008, Act 352, Imd. Eff. Dec. 23, 2008 ;-- Am. 2014, Act 499, Imd. Eff. Jan. 14, 2015

PopularName Notes:

Act 206
Notes of Decisions
Cited in 28 cases (9 in the last 5 years), 2004–2026 · leading case: Rental Properties Owners Ass'n v. Kent County Treasurer
Rental Properties Owners Ass'n v. Kent County Treasurer (2014) michctapp · cites it 2× “MCL 211.78a; MCL 211.78g. The governmental unit in which the tax-delinquent property is located may foreclose after the property taxes are delinquent for at least two years.”
Republic Bank v. Genesee County Treasurer (2005) mich · cites it 2× “§ 211.78a(4) to receive delinquent tax notices, and the 1999 summer tax delinquency did not come to Republic Bank's attention.”
Fisher v. Moon (In Re Fisher) (2006) miwb · cites it 2× “MCLA § 211.78a. In this case, the unpaid 2002 property taxes were returned delinquent on March 1, 2003.”
Comben v. State (2004) michctapp “§ 211.78a(3). On April 3, 2001, plaintiff Sherry Comben, Antrim County Treasurer, filed an action for foreclosure upon those parcels that had been forfeited and for which the taxes remained unpaid for the tax years 1997 and 1999.”
Hatcher v. Nationwide Property & Casualty Insurance (2014) mied · cites it 2× “There is nothing in the record to indicate that when Plaintiff represented that her property taxes were not delinquent two or more years that she was referring to the timetable in Michigan Compiled Laws § 211.78a(2). Regardless, the Court agrees with Defendant that Michigan…”
Antrim County Treasurer v. Department of Treasury (2004) michctapp “MCL 211.78a(3). On April 3, 2001, plaintiff Sherry Comben, Antrim County Treasurer, filed an action for foreclosure upon those parcels that had been forfeited and for which the taxes remained unpaid for the tax years 1997 and 1999.”
Charter Township of Pittsfield v. Washtenaw County Treasurer (2021) michctapp · cites it 10× “55 and MCL 211.78a and the discrepancy represents defendant’s failure to do so.”
Sal-Mar Royal Village, LLC v. Macomb County Treasurer (2013) michctapp “” Further, although defendant argues that MCL 211.78a(3) directs the county to charge interest on delinquent taxes, there is no statutory provision preventing the county from waiving this requirement.”
Petersen Financial LLC v. City of Kentwood (2021) michctapp · cites it 5× “Briefly stated, under the GPTA’s tax- foreclosure process, “tax-delinquent properties are forfeited to the county treasurers; foreclosed on after a judicial foreclosure hearing; and, if not timely redeemed, sold at a public auction.”
Midway North LLC v. Wexford County Treasurer (2024) michctapp · cites it 5× “See MCL 211.78a through MCL 211.78c; MCL 211.”
Rafaeli LLC v. Oakland County (2020) mich · cites it 2× “17 See MCL 211.78a through MCL 211.78c; MCL 211.”
Rafaeli LLC v. Oakland County (2020) mich · cites it 2× “17 See MCL 211.78a through MCL 211.78c; MCL 211.”
— Mich. Comp. Laws § 211.78a(1) — 4 cases
Petersen Financial LLC v. City of Kentwood (2021) michctapp “Briefly stated, under the GPTA’s tax- foreclosure process, “tax-delinquent properties are forfeited to the county treasurers; foreclosed on after a judicial foreclosure hearing; and, if not timely redeemed, sold at a public auction.”
Charter Township of Pittsfield v. Washtenaw County Treasurer (2021) michctapp “55 and MCL 211.78a and the discrepancy represents defendant’s failure to do so.”
Midway North LLC v. Wexford County Treasurer (2024) michctapp “See MCL 211.78a through MCL 211.78c; MCL 211.”
— Mich. Comp. Laws § 211.78a(2) — 12 cases
Hatcher v. Nationwide Property & Casualty Insurance (2014) mied “There is nothing in the record to indicate that when Plaintiff represented that her property taxes were not delinquent two or more years that she was referring to the timetable in Michigan Compiled Laws § 211.78a(2). Regardless, the Court agrees with Defendant that Michigan…”
Charter Township of Pittsfield v. Washtenaw County Treasurer (2021) michctapp “55 and MCL 211.78a and the discrepancy represents defendant’s failure to do so.”
— Mich. Comp. Laws § 211.78a(3) — 7 cases
Comben v. State (2004) michctapp “§ 211.78a(3). On April 3, 2001, plaintiff Sherry Comben, Antrim County Treasurer, filed an action for foreclosure upon those parcels that had been forfeited and for which the taxes remained unpaid for the tax years 1997 and 1999.”
Antrim County Treasurer v. Department of Treasury (2004) michctapp “MCL 211.78a(3). On April 3, 2001, plaintiff Sherry Comben, Antrim County Treasurer, filed an action for foreclosure upon those parcels that had been forfeited and for which the taxes remained unpaid for the tax years 1997 and 1999.”
Sal-Mar Royal Village, LLC v. Macomb County Treasurer (2013) michctapp “” Further, although defendant argues that MCL 211.78a(3) directs the county to charge interest on delinquent taxes, there is no statutory provision preventing the county from waiving this requirement.”
Charter Township of Pittsfield v. Washtenaw County Treasurer (2021) michctapp “55 and MCL 211.78a and the discrepancy represents defendant’s failure to do so.”
— Mich. Comp. Laws § 211.78a(4) — 3 cases
Republic Bank v. Genesee County Treasurer (2005) mich “§ 211.78a(4) to receive delinquent tax notices, and the 1999 summer tax delinquency did not come to Republic Bank's attention.”
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