There is no “taking” under the Michigan Constitution’s Takings Clause if the foreclosing governmental unit attempts to sell the foreclosed-upon property at a public auction but the property does not sell, the Michigan Supreme Court has unanimously decided.

The Takings Clause of the Michigan Constitution was violated where the plaintiffs’ foreclosed-on properties were never offered for sale at a public auction, the Michigan Supreme Court has unanimously ruled.

Foreclosing governmental entities are statutorily and constitutionally required to provide timely notice regarding the rights of individuals with an interest in a property upon the issuance of a foreclosure judgment, to ensure that former property owners can successfully pursue any remaining proceeds as set forth in the GPTA, post-Rafaeli.

Summary disposition wrongly granted to defendants, Ingham County and its treasurer, on the claim that an unconstitutional taking of property occurred.