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Excess Equity Watch

In Geraldine Tyler v. Hennepin County, Minn., the U.S. Supreme Court determined that if a county retains the excess value of a homeowner’s property, over and above the tax debt owed, it is a violation of the takings clause of the U.S. Constitution. The decision will change laws in several states across the country.

Click here to listen to our Excess Equity webinar.

Excess Equity Watch is your consolidated hub to monitor this issue and chart the progress as each afflicted state harmonizes its Tax Foreclosure Sale legislation to the SCOTUS ruling.

Bookmark this page and check back regularly for the latest articles on the topic from The Legal Description.

Overview: Who has a right to equity after tax sale?
Michigan family handed defeat in Supreme Court opinion – but not a total one
Wednesday, June 24, 2026
The Pung family of Michigan sought to prove that fair market value of a property is the true measure of just compensation in a tax foreclosure sale in their case against Isabella County. The Supreme Court disagreed on multiple points, but the procedural battle isn’t over yet. The Legal Description talked to
Impending tax sale highlights friction in Iowa foreclosure processes
Wednesday, June 10, 2026

One Iowa homeowner’s fight before the state’s Supreme Court to keep his home despite a $2,000+ tax debt marks another in a long series of cases predicated on the outcome of Tyler v. Hennepin County.

Homeowners appeal excess equity suit against county treasurer to Ohio Supreme Court
Wednesday, March 4, 2026

A group of Ohio homeowners protesting Cuyahoga County’s foreclosure and tax sale practices look to take their class action suit to the state’s Supreme Court following defeats in trial and appeals courts.

U.S. Supreme Court considers what is ‘just compensation’ in tax foreclosure sales
Monday, March 2, 2026

The Legal Description traveled to D.C. and sat in on oral arguments in front of the U.S. Supreme Court for Pung v Isabella County, a case that could have significant implications for the entire tax lien foreclosure process. Afterwards, we caught up with one of the attorneys who was in the court representing the Pu

NTLA webinar breaks down Pung v. Isabella ahead of Supreme Court arguments
Monday, February 23, 2026

As Pung v. Isabella County goes before the Supreme Court, a National Tax Lien Association webinar recently broke down the details of the case and the case’s potential implications for the entire tax lien foreclosure process.

Brothers appeal to Supreme Court in Arkansas excess equity complaint
Monday, February 9, 2026

In an appeal of an Arkansas state court decision, two brothers aim to argue before the highest court in the land that their rights to due process and just compensation were violated when the state seized their property for tax delinquency.

In Pung v. Isabella County, Supreme Court considers next question after Tyler
Wednesday, January 7, 2026

In what is shaping up to be another landmark case in the field of excess equity foreclosures, Pung v. Isabella County will go before the Supreme Court later this year. While Tyler v. Hennepin County asked whether excess equity belongs to the property owner when the government takes a property, Pung asks h

Community organization challenges Baltimore over tax lien auction process
Monday, November 10, 2025

In a lawsuit between the Edmonson Community Organization and the city of Baltimore, a U.S. District Court has determined under the Tyler v. Hennepin County precedent that the case can proceed.

U.S. Supreme Court agrees to hear Michigan excess equity case
Wednesday, October 22, 2025
When a Michigan home was auctioned for significantly less than its valuation and later re-sold for the assessed value, lower courts ruled that the former owner was entitled to the surplus proceeds. The U.S. Supreme Court will determine if a fair foreclosure took place.
California passes law to end home equity theft through property tax reform
Monday, October 20, 2025
California is the latest state to end the practice of home equity theft at the institutional level with the enactment of AB 418, which Gov. Gavin Newsom signed into law on Oct. 1. The bill forbids local governments from keeping or transferring homes without providing compensation to the former o

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