Claim for Excess Proceeds

A person who held interest in a tax foreclosed property at the time of foreclosure has a right pursuant to MCL 211.78t to file a claim for remaining proceeds from the sale of the property.  Remaining proceeds are those that are left over after the amount due the foreclosing governmental unit is paid.

In order to make a claim, you must file Form 5743 (PDF), Notice of Intention to Claim Interest in Foreclosures Sales Proceeds, via Certified Mail, Return Receipt Requested, or Personal Delivery, to the Berrien County Treasurer, 701 Main St., St. Joseph, MI 49085 by July 1, 2022.  

If Form 5743 is submitted, the Berrien County Treasurer’s office will send notice to you no later than January 31, 2023 informing you if excess proceeds are available.  Information will be provided about how to file a claim with the Berrien County Circuit Court to claim these proceeds.

You are not required to be represented by an attorney to file Form 5743.   You may choose to consult with an attorney if desired.   The State Bar of Michigan’s legal resource can be reached at 800-968-0738 or online at  

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Functions of the Office

The principal functions of the office are to:

  • Conduct Principal Residence Exemption (PRE) audits for Berrien County and Van Buren County
  • Receive, maintain custody of, and disburse all County monies
  • Maintain records of receipts and disbursements of monies from all County departments
  • Collect and distribute all County governmental units’ delinquent property taxes
  • Manage the investment of monies of the County
  • Prepare and manage the County delinquent tax revision process
  • Sell dog licenses and park passes
  • Process FOIA requests

Important Dates:

January 25, 2022- 8:30 a.m. Show Cause Hearing

February 8, 2022 9:00 a.m. Judicial Hearing

March 31, 2022 Final day to pay taxes for 2019 and prior years