Michigan county tax foreclosure class action settlement

Update:

• The claim deadline has been extended to Sept. 5, 2023.

Numerous Michigan counties have agreed to a class action lawsuit settlement to resolve claims that they failed to distribute surplus proceeds from county tax foreclosure sales.

The settlement benefits individuals who held a non-contingent interest in an eligible property that was foreclosed and sold between Jan. 1, 2013, and Dec. 31, 2020, by certain Michigan counties. See the “Who’s Eligible” section below for a full list.

According to the class action lawsuit, Michigan counties failed to return surplus sale proceeds after they sold tax-foreclosed properties. Plaintiffs in the case say any surplus from these sales should have been returned to them instead of being pocketed by the Michigan counties. 

Properties in Michigan may be foreclosed on if property taxes remain unpaid for three years. Proceeds from the sale of these homes are intended to pay the delinquent taxes.

Under the terms of the settlement, class members can receive a cash payment based on the surplus proceeds from their property’s foreclosure sale. 

According to the settlement website, claimants can receive around 80% of the surplus proceeds from their foreclosure sale.

The deadline for exclusion and objection is July 22, 2023.

The final approval hearing for the Michigan county tax foreclosure class action lawsuit settlement is scheduled for Nov. 8, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Sept. 5, 2023.

Who’s Eligible

Individuals who held a non-contingent interest in an eligible property that was foreclosed and sold between Jan. 1, 2013, and Dec. 31, 2020, by one of the following Michigan counties:

• Alger County
• Allegan County
• Antrim County
• Baraga County
• Barry County
• Benzie County
• Berrien County
• Calhoun County
• Cass County
• Chippewa County
• Delta County
• Dickinson County
• Eaton County
• Emmet County
• Gogebic County
• Grand Traverse County
• Hillsdale County
• Houghton County
• Ingham County
• Ionia County
• Iron County
• Kalamazoo County
• Kalkaska County
• Kent County
• Lake County
• Leelanau County
• Mackinac County
• Manistee County
• Marquette County
• Mason County
• Menominee County
• Missaukee County
• Montcalm County
• Muskegon County
• Newaygo County
• Oceana County
• Ontonagon County
• Osceola County
• Ottawa County
• Saint Joseph County
• Schoolcraft County
• Van Buren County
• Wexford County

Potential Award

TBD

Proof of Purchase

N/A

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/07/2023

Case Name

Wayside Church, et al. v. Van Buren County, et al., Case No. 1:14-cv-01274, in the U.S. District Court for the Western District of Michigan

Final Hearing

11/08/2023

Settlement Website

TaxForeclosureSettlement.com

Claims Administrator

Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
833-709-0093

Class Counsel

David Fink
FINK BRESSACK

Owen Ramey
Ronald W Ryan
James Shek
LEWIS REED & ALLEN PC

Defense Counsel

Theodore W Seitz
DYKEMA GOSSETT PLLC

Douglas W Van Essen
SILVER & VAN ESSEN PC

Allan C Vander Laan
CUMMINGS McCLOREY DAVIS & ACHO PLC

Charles Allen Lawler
CLARK HILL PLC

Matthew T Nelson
WARNER NORCROSS + JUDD LLP