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. 

Individuals (the “Plaintiffs”) who owned real property in Baker County, Columbia County, Jackson County, or Marion County allege that these counties (and other Oregon counties not participating in this Settlement) violated their and Class Members’ rights by taking and either selling or retaining tax‑foreclosed properties and failing to remit to Plaintiffs and Class Members any surplus equity in those properties. These claims have become known as surplus-proceeds or surplus-equity claims. The defendant counties deny 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 here. 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 Class Members like them—are called the Plaintiffs. The entities they sue are called the Defendants. In a class action, the Court resolves the issues for all Class Members, except for those who choose to exclude themselves from the class. The Court has decided that the claims against Baker, Columbia, Jackson, and Marion Counties may be settled as a class action if they meet certain procedural requirements. Plaintiffs and their attorneys sued a number of Oregon Counties, but only Baker, Columbia, Jackson, and Marion Counties are participating in this Settlement. Accordingly, “Defendants” as used in this Notice refers to Baker, Columbia, Jackson, and Marion Counties only. The lawsuits are continuing against the other counties.

The Court has not found in favor of Plaintiffs or Defendants. Instead, the Plaintiffs and the Defendants 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 in this Notice. The Defendants deny all legal claims in this case but are settling to avoid the uncertainties and costs that come with litigation. The Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement Class includes the following individuals: “All persons and entities—and their heirs, successors, and assignees as defined under ‘Potential Claimants’—who held an ownership interest in, or a valid lien on, real property that Defendants obtained through a foreclosure action to satisfy unpaid real estate taxes or other County or local government taxes, fees, or penalties and whose redemption period expired during the Class Period, as identified on the Claims’ Administrator’s website here, and which the Counties (1) sold for an amount exceeding the unpaid taxes, fees, and other costs associated with that property; or (2) donated, transferred, or retained, where the real market value at the time title transferred to the County exceeded the amount of unpaid taxes, fees, and other associated costs.”

A list of the property addresses for which surplus proceeds or surplus equity was obtained is available on the Claims Administrator’s website, here. If you had an ownership interest in one of these properties (including a valid lien interest) at the time of a tax foreclosure, and there are Surplus Proceeds or surplus equity, 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 the Settlement website, here, or call the Claims Administrator toll free at (833) 930-0987.

In consideration for the Settlement and the release and bar order contained in the Settlement Agreement, Defendants have agreed to pay the amount of $4,919,409.99. That amount may increase if any of the Defendants sell additional foreclosed properties before the deadline for Class Members to submit Claims. This amount represents 100% of the Surplus Proceeds that Defendants obtained from their sales of most Eligible Properties, plus applicable interest. For most Eligible Properties that the Defendants have not sold before the deadline for Class Members to submit Claims, they will continue to try to sell those properties and make any Surplus Proceeds available to the former owners. For a small number of properties in Columbia County—those with assessed values of $1,100 or less that have not yet sold—the former owners may, at Columbia County’s option, be entitled to a pro-rata share of a one-time payment of $3,000 from Columbia County.

Each Class Member who submits an Eligible Claim related to a property that one of the Defendants has sold 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. In the case of the small number of low-value Columbia County properties, if Columbia County elects to make a one-time payment of $3,000, each Class Member who submits an Eligible Claim related to such property will receive a pro-rata share of the $3,000. If more than one Eligible Claim is made for 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 Eligible Claimant cannot be calculated until all Claims have been submitted and validated. 

The Settlement Fund also will be used to pay for administration of the Settlement, including notice and claims administration costs. Class Counsel intends to ask the Court to award them attorneys’ fees in an amount that will not exceed 25% of the Settlement Fund. Any funds remaining after payment of Settlement administration costs, payment of valid Class Member Claims, and payment of attorneys’ fees, will be paid first to reimburse the Defendants for any payments they make to Potential Claimants who submit a valid request to be excluded from the Class and are paid on or before the end of the Claims Period. Out of any funds remaining after that, the Defendants will receive a payment equal to one-half of the total interest associated with any unclaimed Surplus Proceeds. Any funds remaining after that will be allocated to the Defendants’ housing authorities or to nonprofit organizations for housing placement and support services, rental assistance, and/or the development of new affordable housing.

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

Oregon Tax Foreclosure Settlement

c/o Kroll Settlement Administration, LLC

P.O. Box 225391

New York, NY 10150-5391

The deadline to submit a Claim Form is 11:59 p.m. PT on November 30, 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 one of the Defendants on your own about the legal issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. 

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

Oregon Tax Foreclosure Settlement 

c/o Kroll Settlement Administration, LLC

P.O. Box 225391

New York, NY 10150-5391

Your request to be excluded from the Settlement must include the following: (1) name; (2) current mailing address; (3) telephone number; (4) address, parcel number, and/or legal description of the Eligible Property; (5) County in which the Eligible Property is located; (6) year of post-foreclosure sale of Eligible Property; and (7) a statement that the Eligible Claimant wishes to be excluded from the Class. Any request for exclusion must be signed by the person or entity requesting exclusion (not by an attorney). Unless you exclude yourself or “opt out,” you are automatically a member of the Settlement Class.

Your exclusion request must be postmarked by September 14, 2026.

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

No. Unless you exclude yourself, you give up the right to sue Defendants 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 Class, you cannot sue or be part of any other lawsuit against Defendants 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 here. 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. If you exclude yourself form the Settlement, you will not get a Settlement Payment from the Settlement Fund.

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 following law firms to represent the Class. They are called “Class Counsel.” They are experienced in handling similar class action cases. You may contact Class Counsel using the information below:

You are not required to hire your own lawyer because Class 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 25% of the amount paid into the Settlement Fund. 

If you are a member of the Settlement Class (and do not exclude yourself from the Settlement Class under the rules outlined in Section 10, above), you can object to any part of the Settlement and/or to Class Counsels’ request for an award of attorneys’ fees by mailing a timely letter to:

Mark O. Hatfield United States Courthouse

1000 Southwest Third Avenue

Portland, Oregon 97204

Your letter must include the following:

1. A caption or title that identifies it as “Objection to Class Settlement in Gabbert et al. v. Josephine County, et al., Case No. 1:23-cv-01434-IM, and Baker v. Baker County, Case No. 2:24-cv-01503-IM”;

2. Your name, current address, and telephone number; 

3. The name, address, and telephone number of any attorney representing 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. The case name, case number, and court for any prior class action lawsuit in which you and/or your attorney (if applicable) have objected to a proposed class action settlement.

Your letter containing your objection must be postmarked by September 14, 2026.

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 Final Approval Hearing at 3:00 p.m. PT on September 17, 2026, at the United States District Court for the District of Oregon, 1000 SW 3rd Ave, Portland, Oregon 97204.

The hearing may be moved to a different date or time without additional mailed notice, so it is a good idea to check here for updates periodically. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the request 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 Final Approval 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 Class.

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, or to update your address, you may contact the Claims Administrator toll-free at (833) 930-0987 or write to the Claims Administrator at:

Oregon Tax Foreclosure Settlement

c/o Kroll Settlement Administration, LLC

P.O. Box 225391

New York, NY 10150-5391

For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement here.

- PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS -