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National Law Review
National Law Review
6/26/2026
A Fair Process to Avoid Home Equity Theft

A Fair Process to Avoid Home Equity Theft

Short summary

The Supreme Court ruled that when governments foreclose on homes for unpaid taxes, surplus auction proceeds must be returned to owners as just compensation. Justice Thomas's concurrence emphasizes historical precedent forbids seizing entire homes to collect small tax debts, advocating for stronger procedural protections.

  • Pung v. Isabella County affirms governments must remit surplus proceeds from foreclosed home auctions to owners, not keep them
  • Justice Thomas outlined historical evidence showing it was improper to take entire property when personal property or lesser amount would suffice
  • Decision leaves fairness standards to lower courts; legislative reforms (better notice, real estate agent sales, faster equity return) recommended

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