The Supreme Court seemed torn in a case that pits property rights against the government’s ability to collect unpaid taxes.
Heather Diehl/Getty Images
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Heather Diehl/Getty Images
The Supreme Court grappled with a case on Wednesday that delves into the conflict between property rights and the government’s authority to recover unpaid taxes.
The central question revolves around whether a county can foreclose on a homeowner’s property for overdue property taxes and sell the house at auction for a price lower than what the homeowner could have obtained on the open market.
In a previous ruling in 2023, the Supreme Court mandated that any surplus funds from a property sold at a foreclosure auction to recover taxes must be returned to the taxpayer.
During the recent Supreme Court session, advocates for property rights argued for a broader interpretation. They contended that homeowners facing tax delinquency should be entitled to receive the fair market value of their property rather than the amount typically garnered at a foreclosure sale.
The case stems from the estate of Timothy Pung, whose family resided in a house without resolving the estate for over ten years. Isabella County, Mich., notified the estate executor in 2012 of approximately $2,000 owed in back taxes. This initiated a lengthy legal battle that culminated in a foreclosure sale of the house for $76,000, with the proceeds deducted by the tax owed.
The estate argued at the U.S. Supreme Court that had the property been listed on the market instead of auctioned, it would have fetched $194,000—the eventual selling price nearly two years later.
During the court session, there was a struggle among the justices to comprehend how a small tax debt led to a foreclosure sale.
Ultimately, a decision is anticipated by the summer.

