If you held, or are the heir and successor to a person or entity who held, an ownership interest in, or a valid lien on, real property that was foreclosed on for the non-payment of real property taxes in Columbia County, Jackson County, or Marion County, between October 23, 2017 and June 7, 2024, or in Baker County between September 7, 2018 and June 7, 2024, you may be entitled to a payment from a class action settlement.
A federal court has authorized this Class Notice (“Notice”).
A settlement (the “Settlement”) has been proposed in the class action lawsuits referenced above pending in the United States District Court for the District of Oregon captioned 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.
These class actions allege that Oregon counties—including Baker, Columbia, Jackson, and Marion 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 Equity or Surplus Proceeds in those properties. “Surplus Equity” or “Surplus Proceeds” is defined as the difference between the property’s sale price (or its real market value) and the amount of unpaid taxes, fees, and related costs. Baker, Columbia, Jackson, and Marion 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. Baker, Columbia, Jackson, and Marion Counties deny that they have done 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 Settlement Payments of “Surplus Proceeds” 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, Minn., 598 U.S. 631 (2023).
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 Class or an heir of a Class Member, you must submit a completed Claim to be eligible to receive a Settlement Payment. You may do so online here or by mail. |
EXCLUDE YOURSELF BY MONDAY, SEPTEMBER 14, 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 September 14, 2026. Excluding yourself from the Settlement is the only way to retain your right to sue Defendants Baker, Columbia, Jackson, or Marion Counties on your own over the claims alleged in the lawsuit. |
OBJECT BY MONDAY, SEPTEMBER 14, 2026 | You may 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 FINAL APPROVAL HEARING | The Court has scheduled a hearing to evaluate the fairness of the Settlement and Class Counsels’ request for attorneys’ fees and reimbursement of costs to take place on September 17, 2026, at 3:00 p.m. PT (the “Final Approval 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's. |
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 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.
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.