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. 

An individual who owned real property in Washington County (the “Plaintiff”) alleges that Washington County (and other Oregon counties not participating in this Settlement) violated his and Class Members’ rights by taking and either selling or retaining tax‑foreclosed properties and failing to remit to Plaintiff and Class Members the equity in those properties. These claims have become known as “Surplus-Proceeds Claims” or “Surplus-Equity Claims.” Washington County denies Plaintiff's 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 on 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 Washington County may be settled as a class action if they meet the procedural requirements which govern class actions.

Plaintiffs and their attorneys sued a number of Oregon Counties, but only Washington County is participating in this Settlement. Accordingly, “Defendant” as used in this Settlement website refers to Washington County only. The lawsuits are continuing against the other defendant counties. 

The Court has not found in favor of the Plaintiff or Defendant. Instead, the Plaintiff and Washington 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 in this Settlement website. Washington County denies all legal claims in this case but is settling to avoid the uncertainties and costs attendant with litigation. The Plaintiff and his 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 had an ownership interest in, or had a valid lien on real property that Defendant Washington County obtained through a foreclosure action to satisfy unpaid real estate taxes or other County or local government taxes and associated fees and penalties, which real property 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) donated, transferred, or retained during the Class Period, where 80% of the real market value of the property at the time the deed was transferred to the County exceeded the amount of unpaid taxes, fees, and other costs associated with the property.”

A list of the property addresses for which Surplus Proceeds or Surplus Equity was obtained is available on the Claims Administrator’s website www.WashingtonForeclosureSettlement.com. 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) 930-1147. 

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 $1,500,000.00. This amount represents 100% of the Surplus Proceeds obtained from most eligible properties that were sold, and 80% of the Surplus Equity from most eligible properties that were retained or transferred by Washington County, plus applicable interest, fees, and Administration Costs. 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 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 attorneys’ 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 Washington County for any 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 provide assistance or services to individuals and families facing foreclosure or to create a special fund for use during the tax-foreclosure redemption period to inform property owners of their options to avoid foreclosure beyond the requirements of House Bill 2089, or to other programs 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 here or send it by U.S. Mail to: 

Almorn Brackett v. Washington County

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

Case No. 3:26-cv-00554-IM

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 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:

Almorn Brackett v. Washington County

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

Case No. 3:26-cv-00554-IM

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; (v) County in which the Eligible Property is located; (vi) year of post-foreclosure sale of Eligible Property; and (vii) a statement that the Eligible Claimant 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 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 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 on the Important Documents page 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 or “Class 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:

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 Almorn Brackett v. Washington County, Case No. 3:26-cv-00554-IM”;

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;

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; and 

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 Settlement Payment.

The Court has scheduled a Fairness Hearing at 2:30 p.m. PT on September 17, 2026, at the United States District Court for the District of Oregon, 1000 SW Third Ave., Portland, OR 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 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, or to update your address, you may contact the Claims Administrator toll-free at (833) 930-1147 or write to the Claims Administrator at Almorn Brackett v. Washington County, 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 on the Important Documents page of this Settlement website.

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