How can the owner file for claim for property after sale of the abandoned property in Michigan?
Full Question:
I want to claim my abandoned property. But it has already been sold to some guy. Is there a way I can get my property back?
04/13/2017 |
Category: Abandoned Property |
State: Michigan |
#35619
Answer:
The relevant law in this regard is below for more details.
MCLS § 434.184:
Filing claim for property after sale; proof; payment to owner; time limitation; liability of law enforcement officer.
(1) If, within 6 months after the sale, the owner of the property files with the village council or township board of trustees a claim for the property and proves a right to the property, the village council or township board of trustees shall direct the treasurer who received the proceeds of the sale of that property to pay the owner the amount of proceeds or the face value of money not subject to the public sale provision contained in this act. The village council or township board of trustees shall not approve any claims filed more than 6 months after the sale.
(2) A law enforcement officer disposing of property as provided in this act shall not be liable to the owner of that property.
MCLS § 434.183:
Sale of unclaimed property; disposition of proceeds.
Sec. 3. The law enforcement officer shall conduct the sale of the unclaimed property and shall deposit the proceeds of the sale, and money not subject to public sale, after deducting the cost of the sale, including reasonable appraisal fees, with the village or township treasurer to the credit of the village or township general fund.