Deputy county attorney explains surge of foreclosure surplus claims after Tyler v. Hennepin

Deputy County Attorney Curtis Warren told the administrative committee that the county is receiving recurrent "notice of claims" tied to foreclosure surpluses and that they continue to arrive throughout the year. "For those of you who don't know me, I'm Curtis Warren. I'm the deputy county attorney," he said while outlining the legal posture and timing.

Warren said the relevant statutes leave a three-year window for these claims and that attorneys have sometimes styled their filings as constitutional takings claims. He summarized the Supreme Court decision in Tyler v. Hennepin County and its local effect: "The case is Tyler versus Hennepin County of, Minnesota...the Supreme Court did in Hennepin says, yes, you have to give the monies back, to the person." Committee members asked whether the county automatically pays surpluses; Warren said claimants must file and the court must order release of funds.

The committee discussed practical complications, such as dueling claims when a decedent's probate is unresolved and the county's role as facilitator of sheriff's sales. A committee member noted that while some sales produced surplus funds the county previously used to reduce the tax levy, Hennepin now requires returning surplus funds if a valid claim is filed. The committee did not take additional policy action at the meeting beyond seeking to track claims and follow court orders.