WASHINGTON — The Supreme Court appeared deeply divided Wednesday over the extent to which homeowners are entitled to proceeds when local governments foreclose on properties for unpaid taxes, a case with implications for property rights and municipal finance across the country. The justices wrestled with whether a county can legally sell a foreclosed home for less than its fair market value, even if the homeowner would have received a significantly higher price had they sold the property themselves.
The case, Cannon v. Isabella County, stems from a dispute over a Michigan property seized in 2012 after roughly $2,000 in property taxes went unpaid. Isabella County sold the home at auction for $76,000, returning the proceeds to the estate of the deceased homeowner after deducting the taxes owed. The estate argued that the property was worth $194,000 just two years later, and that the county should have been required to obtain that higher value.
The current dispute builds on a 2023 Supreme Court ruling in Tyler v. Hennepin County, which established that governments must return any excess proceeds from tax sales beyond the amount of taxes owed. That decision clarified a long-standing legal question, but the current case asks the court to define the scope of “fairness” in the foreclosure process.
During oral arguments, Chief Justice John Roberts questioned whether a homeowner who fails to proactively sell a property to cover tax debts can later challenge the outcome of a government auction. “If you’re satisfied with the fairness of the process and it comes out with something below what you think is fair market value, is that just too bad?” he asked Philip Ellison, the attorney representing the Pung estate.
Justice Samuel Alito pressed Ellison on the practical implications of requiring counties to maximize sale prices, asking what types of property the government should seize first to cover small tax debts. Ellison suggested a Peloton bike owned by the homeowner, prompting a skeptical response from Alito: “You think a Peloton bike today is worth $2,000?”
However, Justices Neil Gorsuch and Sonia Sotomayor signaled concerns that the current system could unfairly disadvantage homeowners. Justice Ketanji Brown Jackson expressed skepticism about allowing homeowners to retroactively claim the government didn’t do enough to secure the highest possible price, stating, “If Mr. Pung wanted to get the maximum value of the house…to cover that debt, he could have sold it himself.” Justice Amy Coney Barrett also voiced reservations about establishing a modern constitutional requirement not previously considered by lower courts.
The potential consequences of a ruling in favor of the Pung estate were highlighted by Assistant Solicitor General Frederick Liu, who argued that requiring counties to pay the difference between auction prices and fair market value would “spell the finish of tax sales in America.” He warned that the resulting shortfall would ultimately be borne by other taxpayers. MSN reported that Liu argued such a ruling would disproportionately harm responsible taxpayers.
The Supreme Court is expected to issue a decision in Cannon v. Isabella County by summer, a ruling that will likely reshape the landscape of tax foreclosure laws nationwide.
