CLASS ACTION SETTLEMENT NOTICE
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF OREGON
Martin Lynch et al. v. Clackamas County et al.,
District of Oregon,
Case No 3:23-cv-01502
If you held or are the heir or successor to a person or entity who held an ownership interest in, or a valid lien on real property that was foreclosed on and sold or retained by Clackamas County for the non-payment of real property taxes and the redemption period for that property lapsed between October 12, 2017 and January 12, 2024, you may be entitled to a payment from a class action settlement.
A federal court authorized this Settlement website.
- A settlement (the “Settlement”) has been proposed in the class action lawsuit referenced above pending in the United States District Court for the District of Oregon captioned Martin Lynch et al. v. Clackamas County et al., Case No. 3:23-cv-01502.
- This class action alleges that Oregon Counties, including Clackamas County, violated Plaintiffs’ rights by failing to give Plaintiffs the proceeds from the sale of the tax-foreclosed properties formerly owned by Plaintiffs that exceeded the unpaid taxes, fees, and other costs associated with those properties; or by retaining foreclosed properties worth more than the tax debt for which they were foreclosed, without payment of compensation. These claims have become known as “surplus-proceeds claims.” Clackamas County has decided to settle the claims asserted against it by entering into this Settlement.
- The United States District Court for the District of Oregon ordered the issuance of this Settlement website. Clackamas County denies that it has done anything wrong and has defended itself. The Court has not decided who is right. Both sides have agreed to settle the dispute to avoid burdensome and costly litigation. The Settlement offers Settlement Payments of “surplus proceeds”, and other benefits, to members of the Settlement Class who file Eligible Claims.
- The Parties were able to reach this Settlement which considers the various risks identified above and seeks to end for the County participating in the Settlement liability arising from the United States Supreme Court’s decision in Tyler v. Hennepin County, Minn. 598 U.S. 631 (2023).
- You are being sent this Settlement website as a potential Class Member or heir of a Class Member and may be entitled to participate in the proposed Settlement. Your rights and options are detailed on this Settlement website, along with deadlines to act.
- Your legal rights are affected whether you act or not. Read this Settlement website carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: | |
SUBMIT A CLAIM FORM BY | If you are a member of the Settlement Class or an heir to a Class Member, you must submit a completed Claim to be eligible to receive a Settlement Payment. You may do so on this Settlement website or by mail. |
EXCLUDE YOURSELF BY March 13, 2026 | You may request to be excluded from the Settlement, and if you do, you will not receive a Settlement Payment. The deadline to exclude yourself from the Settlement is March 13, 2026. Excluding yourself from the Settlement is the only way to retain your right to sue Defendant Clackamas County on your own over the claims alleged in the lawsuit |
OBJECT BY March 13, 2026 | Write to the Court and object to any terms of the Settlement. You are still eligible to file a Claim and still remain in the Class if you make an objection. |
GO TO THE FAIRNESS HEARING | The Court has scheduled a hearing to evaluate the fairness of the Settlement and Lead Counsel’s request for attorneys’ fees and reimbursement of costs to take place on March 18, 2026, at 9:00 am. (the “Fairness Hearing”). You may attend the hearing at your own expense, but it is not necessary. You may ask to speak in court about the fairness of the Settlement if you did not exclude yourself, but you must first notify counsel. |
DO NOTHING | You will not receive a Settlement Payment if you fail to timely submit an Eligible Claim and you will give up your right to bring your own lawsuit about the claims in this case, but you will still be bound by all decisions the Court makes in this matter addressing these claims. |
- These rights and options—and the deadlines to exercise them—are explained on this Settlement website.
- The Court in charge of this case still must decide whether to approve the Settlement. If it does, and after any appeals are resolved, Settlement Payments will be distributed to those who submit Eligible Claims. Please be patient.