Frequently Asked Questions

The Court authorized this Settlement website because you have a right to know about a proposed Settlement of a class action lawsuit.  If you are a member of the Settlement Class, you have legal rights and options that you may exercise before the Court decides whether to give final approval to the Settlement, as described below.  

Three individuals who owned real property in Clackamas County (the “Plaintiffs”) allege that Clackamas County (and other Oregon counties not participating in this Settlement) violated their 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.” Plaintiffs here were among the first to assert a putative class action for surplus proceeds in Oregon. Clackamas County denies Plaintiffs’ allegations. 
 

For additional information about the claims, arguments, and history of the case, you may view the pleadings and other important documents filed in the case in the Documents section of this Settlement website. The complete docket or court file can be reviewed via the Court’s electronic docket known as PACER at ecf.ord.uscourts.gov, but you must register for an account and pay fees to review filings. You may also review the docket online for free by visiting any of the court’s locations. The addresses and rules governing courthouse entry are also available at ord.uscourts.gov.

In a class action, one or more people called “class representatives” sue on behalf of a group of people who may have similar claims. The people together are a “class” or “class members.” The individuals who sue and all the class members like them are called the plaintiffs. The entities that they sue are called the “Defendants”. In a class action, the Court resolves the issues for all class members, except for those who exclude themselves from the class. The Court has decided that the claims against Clackamas County may be settled as a class action if they meet the procedural requirements which govern class actions.
 

While Plaintiffs sued a number of Oregon Counties, only Clackamas County is participating in this Settlement. Accordingly, “Defendant” as used on this Settlement website refers to Clackamas County only.  The lawsuits are continuing against the other defendant counties, other than Multnomah County, which also entered into a separate settlement agreement with the Plaintiffs in June, 2025.

The Court has not found in favor of Plaintiffs or Defendant. Instead, the Plaintiffs and Clackamas County have agreed to a Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, the Settlement Class will receive the benefits described on this Settlement website. Clackamas County denies all legal claims in this case but is settling to avoid the uncertainties and costs attendant with litigation. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

The Class includes the following individuals: “All Persons and entities, and their heirs, successors and assignees, who owned, or had an ownership interest in, or a valid lien on real property that Defendant Clackamas County obtained through a foreclosure action to satisfy unpaid real estate taxes or other County or local government taxes and fees and associated fees and penalties, as set forth in the schedule attached hereto as Exhibit A, which the County (1) sold for an amount in excess of the unpaid taxes, fees and other costs associated with that property, and for which the statutory redemption period expired during the Class Period, or (2) which the County still owns as of the execution date of this Settlement Agreement and may sell for an amount in excess of the unpaid taxes, fees and other costs associated with that property, and for which the statutory redemption period expired during the Class Period.” 
 

A list of the properties that fall, or may fall, within the Class definition is available on this Claims’ Administrator’s website. If you had an ownership interest in one of these properties (including a valid lien interest) at the time of a tax foreclosure which resulted in surplus proceeds, you are a member of the Settlement Class.

If you are still not sure whether you are included or you have additional questions, you can review the FAQs on this Settlement website, or call the Claims Administrator toll-free at (833) 754-9045. 

In consideration for the Settlement and the release and bar order contained in Section I of the Settlement Agreement, Defendant has agreed to pay the amount of $2,466,403.68, which includes amounts for 100% of the “surplus proceeds” obtained on the eligible properties in the amount of $1,817,303.46, plus interest. Clackamas has also agreed to pay into the settlement fund all additional “surplus proceeds” that may be generated in future sales of foreclosed properties prior to the end of the settlement claims period and, for any surplus proceeds received after the end of the claims period, to pay the surplus directly to the former owner. Class members who owned properties that are currently owned by Clackamas County may redeem the property by paying the amount of taxes, costs and interest owed on the property.  Each Class Member who submits a valid claim will receive a Settlement Payment from the Settlement Fund based on the Class Member’s pro rata share of the Settlement Fund, after deducting attorneys’ fees, expenses and service awards to class representatives.  If more than one valid claim is made for surplus proceeds from a property, the total amount available to pay claims connected with that property will be the share of the proceeds associated with that property. The total amount of the Settlement Payment to be paid to each claimant cannot be calculated until all claims have been submitted and validated. The Settlement Fund will also be used to pay for administration of the Settlement, including notice and claims administration costs. Class Counsel intends to ask that the Court award them attorney fees in an amount that will not exceed 30% of the Settlement Fund. Any funds remaining after the payment of Settlement administration costs, payment of valid Class Member claims and payment of attorney fees will be paid to reimburse Clackamas County for any surplus proceeds payments it makes to Potential Claimants who submit a valid request for exclusion from the Class and are paid on or before the end of the claims period.  Any funds remaining after that will be allocated to fund housing placement and support services, rental assistance and/or development a new affordable housing for youth and families with children pursuant to ORS 275.275 and ORS 275.090, or other programs in Clackamas County agreed to by the parties and approved by the Court in accordance with Oregon law. 

To qualify for a Settlement Payment, you must complete and submit a Claim. You can file your Claim online on this Settlement website or send it by U.S. Mail to: 
 

Lynch v Multnomah County (Clackamas County)
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
 

The deadline to submit a Claim Form is 11:59 p.m. PT on Monday, May 25, 2026.
 

No matter which method you choose to file your Claim, please read the claim form carefully and provide all the information required.  
 

You may file the claim form on your own.  If you have any questions or need assistance filing your claim form, you should contact the Claims Administrator and/or the Class Counsel listed in Section 14 below who will help you for no additional fee.  You may be solicited by companies or services that offer to prepare claims for you and charge an additional fee to you for this service.  You are not required to use any such services.  Any assistance you require is available through the Court appointed Claims Administrator and Class Counsel at no additional charge to you.

Settlement Payments to Class Members will be made only after the Court grants final approval to the Settlement and after any appeals are resolved (see “Fairness Hearing” below). If there are appeals, resolving them can take time. Please be patient.

If you do not wish to be eligible for a Settlement Payment, and you want to keep the right to sue Defendant on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself – or it is sometimes referred to as “opting-out” of the Class.
 

To exclude yourself individually from the Settlement, you must send a timely letter by mail to:
 

Lynch v Multnomah County (Clackamas County)
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
 

Your request to be excluded from the Settlement must include the following: (i) name; (ii) current mailing address; (iii) telephone number; (iv) address, parcel number, and/or legal description of the Eligible Property or Potential Eligible Property; (v) County in which the Eligible Property or Potential Eligible Property is located; (vi) year of post-foreclosure sale of Eligible Property, if applicable; and (vii) a statement that the Settlement Class Member wishes to be excluded from the Settlement Class. Any request for exclusion must be signed by the person or entity requesting exclusion (not by an attorney). Absent excluding yourself or “opting-out” you are otherwise a member of the Settlement Class.

Your exclusion request must be postmarked by March 13, 2026.
 

You cannot ask to be excluded on the phone, by email, or on this website. Opt-outs must be made individually and cannot be made on behalf of other members of the Settlement Class. 

No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that the Settlement resolves. You must exclude yourself from this Settlement to pursue your own lawsuit.

Unless you opt-out of the Settlement, you cannot sue or be part of any other lawsuit against Defendant about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.
 

The Settlement Agreement is available in the Documents section of this Settlement website. The Settlement Agreement provides more detail regarding the Release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. 

No. You will not get a Settlement Payment from the Settlement Fund if you exclude yourself from the Settlement.
 

In order to receive a Settlement Payment, you must remain in the Settlement Class and return your completed claim form.

The Court has appointed the law firms of Fink Bressack, Kohn Swift & Graf, and Preti Flaherty Beliveau & Pachios to represent the Class. They are called “Lead Counsel.” They are experienced in handling similar class action cases. You may contact Lead Counsel using the information below:

The Court has also appointed Sugarman Dahab as “Liaison Counsel” to represent the Class.  They are also experienced in handling class action cases. You may contact Liaison Counsel using the information below:

You are not required to hire your own lawyer because Lead Counsel is working on your behalf.  If you want to hire your own lawyer, you certainly can, but you will have to pay that lawyer yourself. If you do hire your own lawyer, they may enter an appearance for you and represent you individually in this case.

You do not have to pay Class Counsel, or anyone else, to participate. Instead, Class Counsel intend to apply for a fee award in an amount that will not exceed 30% of the amount paid into the Settlement Fund. 

If you are a member of the Settlement Class (and do not exclude yourself from the Class), you can object to any part of the Settlement and/or to the request of Class Counsel for an award of attorney’s fees by sending a timely letter by mail to:
 

Lynch v Multnomah County (Clackamas County)
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
 

Your letter must include the following:

1. A caption or title that identifies it as “Objection to Class Settlement in Martin Lynch et al. v. Clackamas County et al., Case No. 3:23-cv-01502”;
2. Your name, current address, and telephone number; 
3. The name, address, and telephone number of any attorney for you with respect to the objection; 
4. The factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for your standing as a Class Member; and
5. Identification of the case name, case number, and court for any prior class action lawsuit in which you and/or your attorney (if applicable) has objected to a proposed class action settlement.

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you, and you will not be allowed to file a claim to receive a payment from the settlement.

The Court has scheduled a Fairness Hearing at 9:00 am on March 18, 2026, at United States District Court for the District of Oregon, 1000 SW 3rd Ave, Portland Oregon.
 

The hearing may be moved to a different date or time without additional mailed notice, so it is a good idea to check this Settlement website for updates periodically. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

No. Class Counsel will answer any questions the Court may have. You are welcome to attend the hearing at your own expense. 

If you attend the Fairness Hearing, you may ask the Court for permission to speak if you have timely objected and you so choose. However, you cannot speak at the hearing if you exclude yourself from the Settlement.

If you are a member of the Settlement Class and do nothing, meaning you do not file a timely Claim, you will not get a Settlement Payment. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.

For more information, you may contact the Claims Administrator toll-free at (833) 754-9045 or write to the Claims Administrator at Lynch v Multnomah County (Clackamas County), c/o Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement in the Documents section of this Settlement website.

To update your contact information, visit the Contact Us section of this Settlement website or write to the Claims Administrator at Lynch v. Multnomah County (Clackamas County), c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY, 10150-5391. You may also contact the Claims Administrator toll-free at (833) 754-9045.