Legal Opinion

In Re PETITION BY WAYNE COUNTY TREASURER

Michigan Supreme Court

Decided May 23, 2007No. Docket 129341PublishedCited by 52 opinions

1Opinion of the Court

*4YOUNG, J.

This case concerns the jurisdiction of circuit courts to modify judgments of foreclosure when the foreclosing governmental unit deprives the property owner of due process. Generally, the provision of the General Property Tax Act (GPTA),1 at issue in this case, as well as recent amendments of the GPTA, reflect a legislative effort to provide finality to foreclosure judgments and to quickly return property to the tax rolls. However, this legislative regime is problematic when the property owner is not provided with constitutionally adequate notice of the foreclosure. This is because…

2Cases cited8 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  4. Jones v. FlowersSupreme Court of the United States · 2006
  5. Wayne County v. HathcockMichigan Supreme Court · 2004

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3Cited by52 opinions

  1. Wayside Church v. Van Buren CountyCourt of Appeals for the Sixth Circuit · 2017
  2. Sidun v. Wayne County TreasurerMichigan Supreme Court · 2008
  3. Ligon v. City of DetroitMichigan Court of Appeals · 2007
  4. Gillie v. GENESEE COUNTY TREASURERMichigan Court of Appeals · 2008
  5. Anglers of AuSable, Inc. v. Department of Environmental QualityMichigan Court of Appeals · 2009

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