Lynch v. Deschutes County

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION, Case No. 3:23-cv-01502-IM (lead case)

If you owned, inherited, or held an interest in property that was foreclosed on for non-payment of property taxes in Clatsop County between October 13, 2017, and June 7, 2024, or in Deschutes, Douglas, Tillamook, or Union County between October 12, 2017, and December 31, 2025, you could be eligible for money from a settlement.

                  A federal court has authorized this Notice.
• 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 Lynch et al. v. Multnomah County et al., Case No. 3:23-cv-01502-IM.

• This class action alleges that Oregon counties—including Clatsop, Deschutes, Douglas, Tillamook, and Union Counties—violated the rights of Class Members by taking title to tax‑foreclosed properties and either selling them or retaining them without returning to the property owners the Surplus in those properties. “Surplus” is defined as the difference between the property’s sale price or property value on the one hand, and the amount of unpaid taxes, fees, and related costs on the other hand. Clatsop, Deschutes, Douglas, Tillamook, and Union Counties have chosen to resolve the claims brought against them by entering into this Settlement.

• The United States District Court for the District of Oregon ordered the issuance of this Notice. Clatsop, Deschutes, Douglas, Tillamook, and Union Counties deny doing anything wrong and have defended themselves. 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 Surplus payments 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 counties participating in the Settlement, liability arising from the United States Supreme Court’s decision in Tyler v. Hennepin County, 598 U.S. 631 (2023).

• You are being sent this Notice because you are 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 in this Notice, along with deadlines to act.

• Your legal rights are affected whether you act or not. Read this Settlement website carefully. Case 3:23-cv-01502-IM .

 

 

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

SUBMIT A CLAIM FORM BY

MARCH 23, 2027

If you are a member of the Settlement Class or an heir of a Class Member, you must submit a completed Claim Form by March 23, 2027, to be eligible to receive a Settlement Payment. You may do so online at www.OregonTaxForeclosure.com or by mail.

EXCLUDE YOURSELF BY JANUARY 5, 2027

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 January 5, 2027. Excluding yourself from the Settlement is the only way to retain your right to sue Defendants Clatsop, Deschutes, Douglas, Tillamook, or Union County on your own over the claims alleged in the lawsuit.

OBJECT BY JANUARY 5, 2027

You may write to the Court by January 5, 2027, and object to any terms of the Settlement. You are still eligible to file a Claim and remain in the Settlement 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 Class Counsel’s request for attorneys’ fees and reimbursement of costs to take place on January 28, 2027, at 10:00 a.m. PT (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 Class Counsel.

DO NOTHING

If you fail to timely submit an Eligible Claim, you will not receive a Settlement Payment, 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 in more detail in the rest of this Notice. 

  • 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.

This Settlement website is authorized by the Court, supervised by counsel for the Parties, and controlled by the Claims Administrator approved by the Court. This is the only authorized Settlement website for this case.

For more information, please use the Contact Us page or call (833) 452-1822.

You may also write to:
Lynch v. Multnomah County (Deschutes, et al.)

c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391