A Michigan woman’s legal battle over surplus funds from the sale of a foreclosed property in Iron County has ended in favor of the county, resulting in a $21,810 windfall. The state Court of Appeals upheld a lower court’s decision in the lawsuit.
The dispute revolved around the deadline for submitting a claim for the surplus money. Lillian Joseph submitted her claim on July 1, 2021, but the envelope containing the claim was not processed by the treasurer’s office until the following day. This delay led to the court ruling in favor of Iron County.
The appeals court highlighted that Joseph’s envelope did not specify the office suite number, resulting in it not reaching the treasurer’s office promptly. Despite paying extra for priority mail, Joseph did not request confirmation of delivery, as required by Michigan law.
Attorney Laurie Longo, representing the county, emphasized that county treasurers must adhere to precise statutory requirements, even if it may seem burdensome to the public. The court noted that Joseph had legal assistance when submitting the claim, indicating that the mailing instructions were not overly complicated.
Joseph’s attorney, Don Visser, argued that enforcing strict procedural requirements would unfairly penalize citizens attempting to make claims against the government. However, the court ultimately ruled in favor of Iron County.
Efforts to obtain a comment from Joseph’s attorney were not immediately successful. The case underscores the importance of following legal procedures, even in seemingly straightforward matters involving surplus funds from property sales.