2,400 Former Detroit Homeowners Might Be Able to Recover a Total of $20M in Tax Foreclosure Profits
A map to help former Detroit homeowners potentially recover some of what they lost to tax foreclosure in 2015 - 2019 auctions
Around 2,400 former Detroit homeowners who lost their homes in tax foreclosure auctions between 2015 and 2019 may have an opportunity to recover a total of $20M in “windfall profits” — an average of $8,300 per former homeowner — as a result of the Michigan Supreme Court’s ruling in Schaefer v. Kent County earlier this year.
My analysis, using Regrid’s Wayne County tax foreclosure auction data and Detroit assessment records from 2015 - 20191, identified homes that sold in the 2015 - 2019 tax auctions for more than the tax debt owed2 and appeared to be owner occupied at the time. These sales generated so-called “windfall profits” that could be reclaimed by former property owners due to the court’s decision.
To help affected homeowners determine if they may be able to recover windfall profits, I’ve created a map and dashboard (click the button below to open) showing the ~2,400 homes and the estimated amount each former homeowner could reclaim through the Wayne County Treasurer’s retroactive claim process.
Though tens of thousands of Detroit homeowners lost their homes to tax foreclosure in the 2000s and 2010s, most sold for less than the tax debt owed or didn’t sell at all, meaning no windfall profits were generated. Michigan’s statute of limitations also limits retroactive claims to the 2015 auction and later.
Between 2015 and 2019, more than 11,000 Detroit homeowners lost their homes to tax foreclosure, but only about 2,400 (22%) appeared to sell for more than the debt owed, meaning they may be eligible for claims.
Those who lost their homes to tax foreclosure likely don’t know whether their property sold at auction for more than the tax debt owed. This tool provides information that can help former homeowners determine if they may be able to recover any windfall profits. However, this dashboard cannot guarantee the recovery of windfall profits: Ultimately, only the Wayne County Treasurer can notify former homeowners who file a Notice of Intent form if there are proceeds to claim from the sale of their property and the exact amount.
I opposed the legal challenges to the tax foreclosure process which led to the decision allowing retroactive claims. As I wrote extensively here in The Chargeback, in the Detroit Free Press, and the Brennan State Court Report, these legal challenges did not address the actual source of profit in the tax foreclosure system, and the retroactive claims process will benefit speculators and landlords far more than former homeowners. Nonetheless, given the court ruled the way they did, I want to do what I can to help former Detroit homeowners recover what money they can.
What’s in this Piece:
1. How to Use the Windfall Profit Dashboard
A walkthrough of the Windfall Profit dashboard and how I think this data will be most productively put to use
2. The Retroactive Claim Process with the Wayne County Treasurer’s Office
Steps on filing a retroactive claim with the Wayne County Treasurer’s Office.
Critical Note: The Notice of Intent to claim windfall profits form, which is the first step in the process, must be filed with the Wayne County Treasurer by March 31, 2025. More details on this process are below, but I wanted that deadline mentioned up front.
3. Limitations on the Data and Dashboard
Defining what this data & dashboard can and can’t do, and where there are limitations in the data
4. Can Former Homeowners be “Made Whole” by Recovering Windfall Profits?
Exploring whether former homeowners can actually recover the value of the homes they lost by claiming windfall profits
1. How to Use the Windfall Profit Dashboard
A. Search for a Property
You can search for an address using the search bar in the map. The map will zoom to that address. (You can also just navigate around the map and zoom in / out as with any other online map.)
Each blue circle on the map represents an owner occupied home that was tax foreclosed and generated windfall profits at auction. The larger the circle, the more money the property generated in windfall profits.
Click on the property to pull up its windfall profit details:
B. Details Provided for Homes with Windfall Profits
The box that pops up with a property’s details and windfall profit information contains several pieces of information, some of which are highlighted in the orange box below:
Status: This shows whether the home was Likely or Possibly a homeowner.
“Likely Homeowners” are properties that had a 100 Principal Residence Exemption (PRE) and were owned by an individual (not an LLC or business entity) in the year the tax foreclosure took place.
“Possible Homeowners” are homes that did NOT have a PRE but were owned by an individual AND the property tax bill was mailed to the address of the home (not a separate address like a property management company). This doesn’t necessarily indicate an owner occupied home, but it may.
Street Address: The address of the tax foreclosed home.
Parcel ID: The unique parcel ID for the tax foreclosed home.
Tax Auction Year: The year in which the home was tax foreclosed and auctioned off.
Windfall Profit: The potential amount of windfall profit that could be claimed by the former owner, determined by subtracting the total tax debt, interest, penalties, and fees owed from the auction sale price (per Regrid tax auction data).
Note: There are cases where the sale price at auction may differ from the actual price paid. This can happen when a bidder “falls through” and doesn’t pay the winning bid amount and the Treasurer needs to move to the next highest bid. Thus, these “Windfall Profit” amounts may not be exact.
Minimum Bid: The price for the home in the first round of the auction, which reflects total tax debt, interest, penalties, and fees.
Auction Sale Price: The winning bid amount at auction, per Regrid tax foreclosure auction data.
Approx Present Day Value: The approximate present day value of the tax foreclosed home.3
Windfall vs Present Day Value Gap: The gap between the windfall profits that could be claimed and the present day value of the home that was lost. I have included this to drive home the point that recovering windfall profits will not compensate former homeowners for the value of what they lost.
C. Blue vs. Gray Circles on the Map
As mentioned above, blue circles on the map represent an owner occupied home that was tax foreclosed and generated windfall profits at auction. The larger the circle, the more money the property generated in windfall profits.
Gray circles on the map represent owner occupied homes that were tax foreclosed between 2015 - 2019 but did not generate any windfall profits at auction, meaning no money can be recovered by the former owner today.
I have included those homes tax foreclosed from 2015 - 2019 that did not generate any windfall profit because I do not want to lose the context in which these windfall profits exist:
They may be helpful to some former homeowners, and that’s a good thing, but the vast majority of former homeowners will see nothing at all from the outcome of these legal decisions.
D. Why There Are No Owner Names in the Dashboard
Since the former homeowners who can claim these windfall profits were tax foreclosed, it is almost certain they no longer live at the addresses on this map. That means the name of the owner at the time of foreclosure is the best hope of finding the former homeowner.
For the moment, however, I am not including those names in the public dashboard I’ve put together because I’m concerned attorneys may use it to try to track down former homeowners in the hopes of collecting a percentage of what they are owed.
For former homeowners who may use this dashboard, they likely don’t need the owner name — they will know their home by its address.
E. How to Find Former Homeowners
I’ve shared the data behind this map with several housing counseling organizations. For those organizations I’ve included owner names in the data I’ve provided.
Some former homeowners may find and use this dashboard, but the far more likely way I think former homeowners will be found is via housing counseling agencies and other governmental or nonprofit organizations who have large rosters of clients & resident contacts.
Those groups can use the owner names at the time of foreclosure that I’ve provided and run them against their client / contact lists to see if there might be any matches, and then reach out to those clients with whom they likely already have a relationship.
It’s also worth mentioning that there is of course no guarantee all of these former homeowners are still in Detroit — I expect finding the people owed this money will be very difficult.
2. How to File a Retroactive Claim for Windfall Profits with the Wayne County Treasurer’s Office
Below is the process on how to file a retroactive claim, which was shared by the Wayne County Treasurer’s Office.
Need Help? You can call the United Community Housing Coalition’s Tax Hotline at 313-725-4560 if you are a former homeowner who needs help with this process.
Step 1:
Download and complete the Notice of Intent form.
Step 2:
Ensure the form is notarized before submission. Notarization is required for all claimants.
Step 3:
Deliver the completed and notarized form to the Wayne County Treasurer’s Office by March 31, 2025. You have two delivery options:
In person at:
Wayne County Treasurer’s Office
400 Monroe, Suite 500
Detroit, MI 48226By certified mail (return receipt requested) to the same address.
Step 4:
Wait for notification. By July 1, 2025, the Wayne County Treasurer’s Office will send a certified notice (return receipt requested) to all claimants who submitted the Notice of Intent form. This will inform you if there are any remaining proceeds from the sale of your property.
Step 5:
If you are notified of remaining proceeds, file a certified motion with the Wayne County Circuit Court by October 1, 2025, the same court in which the foreclosure judgment was entered. This is required to claim your proceeds.
IMPORTANT NOTE: This step may change. Right now, the expectation is that the person seeking windfall profits must file a motion with the Wayne County Circuit Court after receiving confirmation of windfall profits from the sale of your home. That, of course, would be cumbersome for any individual and require assistance from a housing counseling agency. My understanding is that the Wayne County Treasurer’s office is working on making this, also, a form that would need to be completed instead of a filed motion. There may be more updates on this step in the coming months.
Step 6:
The Treasurer will file a proof of service of the notice with the circuit court and respond to the claimant’s motion.
Step 7:
The court will set a hearing date for your motion.
Step 8:
The Treasurer has 21 days after an order from the court to pay the claimants or any other parties (such as lien holders) who have priority over the claimants.
3. Limitations on the Data and Dashboard
There are a number of limitations that should be listed here. This dashboard can in no way guarantee the recovery of windfall profits. Some important limitations to keep in mind are below:
The Accuracy of City of Detroit PRE Data: This dashboard relies in part on the presence of a PRE (Principal Residence Exemption) which typically denotes an owner occupied home. Prior to the citywide reassessment in 2017, however, PRE data was often unreliable. I have tried to moderate that by also eliminating properties that had PREs but were owned by LLCs or other corporations (not uncommon prior to 2017) but still the PRE data has limitations.
Limitations on Owner Names: Another factor used in this analysis is an approximation of the owner name at the time of tax foreclosure. I am using City of Detroit assessment data to derive owner names from the year in which the tax foreclosure took place. There’s no guarantee that the owner name in the Assessment Data was necessarily the owner at the moment of tax foreclosure — homes are bought and sold, of course, and assessment data may not keep up with changes in ownership.
Complications Due to Mortgage Foreclosures: Oftentimes in cities like Detroit, when a bank foreclosed on a home for nonpayment of a mortgage, banks would not put the home into the bank’s name. It’s entirely possible that some of these homes had mortgage foreclosures that preceded the tax foreclosure and, at the time of tax foreclosure, it was actually a bank that was the legal owner, not the former homeowner. Without digging through deed records, there’s no way to see that, however.
Accuracy of Auction Sale Prices: The windfall profits shown in this dashboard are calculated by subtracting the tax debt owed (including interest, penalties, and fees) from the auction sale price. The auction data comes from Regrid’s monitoring of tax foreclosure auctions. However, an issue can arise when a winning bidder fails to make payment, which happens after the auction ends and is not observable by Regrid. In those cases, the treasurer moves to the next highest bidder. As a result, the final sale price may be lower than the original winning bid, meaning the windfall profits reported here could be overstated in some cases.
Data Limited to Detroit: Finally, I want to note that I only have sufficient data to conduct this analysis in Detroit. The Michigan Supreme Court’s ruling, however, of course applies across the state. Though I don’t know how many homeowners across Michigan lost their homes to tax foreclosure from 2015 - 2019 and saw them generate windfall profits at auction, I imagine it’s at least as many as there were in Detroit. Unfortunately I can’t identify those properties without quite a bit more data which is unlikely to be easy to come by.
4. Can Former Homeowners be “Made Whole” by Recovering Windfall Profits?
Even for those who can recover windfall profits, the amount — while helpful — pales in comparison to the current value of what was lost. I didn’t want this dashboard to simply declare “Former Homeowners Can Get $20M!” and create the illusion that it would solve everything.
To keep this in perspective, the dashboard includes three tallies (highlighted in orange in the screenshot below) that update as you explore the map:
Total Auction Profits to Reclaim: This reflects the total windfall profits that could be reclaimed.
Citywide, that amounts to $20M.
Present Day Value of Homes Lost: A rough estimate (likely conservative — arrived at via 2024 State Equalized Value x 2) of the present-day value of homes lost to foreclosure that generated windfall profits.
Citywide, this totals $120M.
Gap Between Auction Profits and Home Values: The difference between the present day value of homes lost and windfall profits that could now be claimed.
Citywide, this gap is -$100M.
While the retroactive claims process offers some compensation, it falls far short of making former homeowners “whole”.
Provided by the City of Detroit Treasurer’s Office
Including interest, penalties, and fees
“Present day value” is defined as 2024 City of Detroit assessed value x 2. Per Michigan’s state constitution, assessed value cannot exceed 50% of market value. Thus the assessed value x 2 provides a rough (and likely underestimated) approximation of present day market value. All homes owned by government entities (eg Detroit Land Bank) in 2024 are zeroed out in this calculation.