Important Announcement for Class Members Regarding Settlement
If you held or are the heir or successor of someone with a stake in a property that faced foreclosure due to unpaid real estate taxes, you could be entitled to monetary compensation. This settlement addresses situations from the past, specifically tied to Clackamas County.
Overview of the Class Action Suit
A class action lawsuit titled Martin Lynch et al. v. Clackamas County et al., Case No. 3:23-cv-01502, took place in the United States District Court for the District of Oregon. This suit highlights critical issues regarding how certain Oregon counties, including Clackamas County, have handled profits from the sale of tax-foreclosed properties. It was alleged that these counties did not fairly compensate property owners for the surplus proceeds from such sales.
The lawsuit sheds light on what are known as "surplus-proceeds claims," which focus on property owners who were not compensated when their properties were sold for amounts exceeding the foreclosure debts. The scope of these claims is crucial as they aim to secure justice and relief for those who may have suffered financial loss in these transactions.
Who Is Eligible for Compensation?
You are notably included in this class if you owned or inherited a property that Clackamas County foreclosed on, where the redemption period lapsed between October 12, 2017, and January 12, 2024. This can encompass various interest holdings, such as ownership rights, mortgage interests, and other liens. In cases where the original holder is deceased or unreachable, heirs and successors are part of this class as well.
Claiming Your Entitlement
Every Class Member eligible to participate must file a valid claim to receive their share of the surplus proceeds related to the property sales. The total amount available for claims will be computed only after all submissions are received and validated. Clackamas County has earmarked $2,466,403.68 for this settlement, which will be distributed to those who submit valid claims. Furthermore, the County commits to adding future surplus from any properties it may sell continuing this pattern of equitable compensation.
It is imperative to know that the administration costs of this settlement will also be covered from the Settlement Fund. Importantly, Class Members won't incur any fees for participation in this settlement. Legal representatives for the Class will request attorney fees up to a maximum of 30% of the Settlement Fund, ensuring that the bulk of the settlement will indeed reach those entitled.
Deadlines and Legal Requirements
To be compensated, you must ensure that your claim is filed by 11:59 p.m. PT, on May 25, 2026. Claims can be submitted through the official online platform or via mail. It’s essential to stay proactive about your legal rights. If you choose not to file a claim, you will forfeit your chance at compensation and may be restricted by the Settlement’s terms.
Exclusions and Objections
If for any reason you prefer not to be bound by the settlement decisions, you must formally exclude yourself by March 13, 2026. This option allows you to pursue your grievances independently. Additionally, if you disagree with the Settlement, you can file an objection with the Clerk of Court detailing your concerns. However, submitting a claim remains an option even if you lodge an objection.
Upcoming Court Hearing Details
A hearing is set for March 18, 2026, at 9:00 a.m. in the United States District Court for the District of Oregon. During this hearing, the court will evaluate the fairness of the settlement, address any objections from Class Members, and consider requests from Class Counsel regarding attorney’s fees and other expenses related to the settlement's administration. Although attendance is permitted, it is not compulsory for Class Members.
For More Information
If you have questions or need to provide updated contact information, please consult the appropriate resources. For guidance or additional details about your rights under the Settlement, visit the official settlement site or reach out to designated channels mentioned previously. Being informed about these proceedings can significantly affect your entitlements.
Frequently Asked Questions
What is the purpose of this settlement?
This settlement addresses surplus proceeds from properties sold by Clackamas County, ensuring rightful owners receive compensation.
Who qualifies as a Class Member?
Class Members include anyone who owned or inherited property foreclosed upon by Clackamas County during the specified period.
How can I submit a claim?
You can submit a claim online or via mail, ensuring it is postmarked by the deadline.
What happens if I don’t file a claim?
If you do not file a claim, you will not receive payment and will forfeit your rights under this settlement.
When is the court hearing scheduled?
The court hearing is scheduled for March 18, 2026, where fairness and other concerns regarding the settlement will be addressed.
