You received this Notice because a review of government records indicates that you had one or more parcels of property foreclosed by the Treasurer of Oakland County for the non-payment of property taxes and the property was sold at auction for more than the tax, fees, interest and penalties that were owed.
The Court caused this Notice to be sent to you because, if you fall within the definition of the Class, you are a Class Member and, therefore, you have a right to know about the pending Class Action and the Settlement.
If the Court approves the Settlement, and after any objections and appeals are resolved, you will be bound by the terms of the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights and options, and the deadline for you to exercise your rights.
Judge Linda V. Parker of the United States District Court for the Eastern District of Michigan, Southern Division, in Detroit, Michigan, is overseeing the Class Action and the Settlement.
Plaintiff Bruce Taylor asserts on behalf of himself and other similarly situated persons and entities (“Class Members”) that Oakland County foreclosed on his property and the tax foreclosure auction sale produced more money than what Plaintiff Bruce Taylor owed in unpaid taxes, fees, interest and penalties (the “surplus”).
Plaintiff Bruce Taylor asserts, among other claims, that Oakland County violated the law by wrongfully retaining the surplus from the auction belonging to him and other Class Members.
Oakland County denies that it is liable and denies that it is required to refund the surplus.
In a class action lawsuit, class representatives sue on behalf of others who have similar claims. All of the people who have similar claims are a “class” or “class members.” Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the settlement in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class
On July 17, 2020, the Michigan Supreme Court held that former property owners have a right to the surplus resulting from the tax foreclosure sale of their property. The Court held that Oakland County violated the Michigan Constitution by retaining the surplus obtained from the tax foreclosure auction sale beyond the amount of the tax delinquency.
Thereafter, Plaintiff Bruce Taylor filed this lawsuit alleging that Oakland County failed to return the surplus owed to him and the Class Members. The Court decided this case should proceed as a class action lawsuit. In a related case in the Michigan courts, the Court decided that the Supreme Court ruling only applies to future cases, not this one. That decision is on appeal.
The parties have subsequently engaged in settlement negotiations and have agreed to the Settlement in this case.
The Class is defined as follows:
All real property owners formerly owning real property within the County of Oakland who had their real property foreclosed for non-payment of taxes pursuant to the Michigan General Property Tax Act, MCL 211.78, et seq., which was sold at tax auction for more than the amount owed in unpaid taxes, interest, penalties and fees and were not refunded the surplus amount. The period at issue is June 8, 2009 through July 17, 2020. Any former property owner who has filed their own post-foreclosure civil lawsuit which has become final or has otherwise settled with Oakland County is excluded.
If the former property owner is now deceased, you may make a claim on behalf of that person’s estate if you are a beneficiary or heir of the decedent.
If you are unsure whether you are included in the Class, you may ask for help. Please contact the Claims Administrator or Class Counsel, whose contact information is shown below.
The Settlement provides monetary payments to Class Members who submit a valid claim by March 1, 2023. If the Court approves the Settlement, in exchange for Class Members’ release of their claims against Oakland County, a Settlement Fund of $38 million will be established for the common benefit of the Class. After paying Class Counsel’s Attorney Fees and Expense Awards, the fund will be distributed to Class Members as follows:
If the total claims made by Class Members are equal to or less than the amount in the Settlement Fund, Class Members will receive 100% of the amount of the surplus produced from the tax foreclosure auction sale of their former property.
If the total claims made by Class Members exceed the amount in the Settlement Fund, Class Members will receive a pro rata or proportional share of the Settlement Fund.
If funds remain in the Settlement Fund after other payments, Class Members who make a claim may also receive a payment of interest on their claim.
Payments will be reported to the Internal Revenue Service.
To make a claim and receive a payment, you must be one of the property owners at the time of the foreclosure and file a claim by mail, postmarked by March 1, 2023. You must also include a copy of a government issued identification such as a driver’s license, voter registration card or other identification. A Claim Form may be downloaded HERE. The Claim Form must be mailed to the Claims Administrator:
Bowles v. County of Oakland
c/o Settlement Administrator
P.O. Box 25188
Santa Ana, CA 92799
Unless you exclude yourself, you remain in the Settlement Class. This means you cannot sue Oakland County based on the facts and legal theories involved in the case. It also means that all of the Court’s orders will apply to you and legally bind you.
If you do nothing, you will remain in the Settlement Class. However, if you were entitled to share in the Settlement Fund and you do not make a claim, you will not receive a payment.
If you are a member of the Settlement Class and do not want to be legally bound by the Settlement, or if you wish to pursue your own separate lawsuit against Oakland County, you must exclude yourself from the Class. This requires submitting a written request to the Claims Administrator stating your intent to exclude yourself from the Class. You must be one of the property owners at the time of the foreclosure to request to be excluded. The Court will exclude you from the class if you properly request to be excluded. Your rights may be different if you exclude yourself, including potential dismissal of your case. A form to be excluded from the Class may be downloaded HERE.
You must mail your Request to Opt Out, postmarked by October 17, 2022 to:
Bowles v. County of Oakland
c/o Settlement Administrator
P.O. Box 25188
Santa Ana, CA 92799
No. If you do not exclude yourself, you give up the right to sue Oakland County for any claims related to a tax foreclosure.
If you are a Class Member and have not excluded yourself from the Settlement, you can object to the Settlement if you do not like part or all of it. The Court will consider your views.
To object, you must send a letter or other written statement by October 17, 2022 saying that you object to the Settlement in Bowles v County. of Oakland, et al. and the reasons why you object to the Settlement. The letter must include:
Your name, address, and telephone number.
The address of the property that was foreclosed.
A description of the objections, including a description of any legal authority and supporting documentation you wish the Court to consider.
Your signature on the written objection.
Do not send your objection to the Court. Instead, mail the objection to the Claims Administrator with copies to Counsel at the addresses listed below:
Settlement Administrator: Bowles v. County of Oakland c/o Settlement Administrator PO Box 25188 Santa Ana, CA 92799 info@OaklandCoSettlement.com | Class Counsel: The Law Offices of Aaron D. Cox Attn: Aaron Cox 23820 Eureka Rd. Taylor, Michigan 48180 aaron@aaroncoxlaw.com | Defendant’s Counsel Giarmarco, Mullins & Horton, P.C. Attn: John Fleming 101 W. Big Beaver Rd. Troy, MI 48084 jfleming@gmhlaw.com |
Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement Class. If you exclude yourself, you are no longer a member of the Settlement Class and do not have a right to share in the Settlement Fund or to object because the Settlement no longer affects you.
Yes. The Court has approved the appointment of Aaron Cox, Mark Wasvary, David Shea, Phillip Ellison, and Matthew Gronda as Class Counsel. You may contact Class Counsel by email at admin@aaroncoxlaw.com in writing at 23820 Eureka Rd., Taylor, MI 48180 or by telephone at 734-287-3664
Class Counsel has submitted an application to the Court for an award of attorney fees and for reimbursement of expenses and costs to be paid out of the Settlement Fund. Class Counsel has requested attorney fees of 33% of the Settlement Fund. The Court has preliminarily approved 33% of the Settlement Fund in fees and $10,000 in costs and service fees to the Class Representative. You will not directly be responsible for paying these fees.
Yes. If you want to be represented by your own lawyer, you may hire one at your own expense. An attorney can enter an appearance on your behalf in the case.
The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. The Court will hold a Fairness Hearing at 10:00 a.m. on November 22, 2022 at the United States District Court for the Eastern District of Michigan, 231 W. Lafayette Blvd., Detroit MI 48226. The judge is the Honorable Linda Parker. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.
The Court will also consider whether to approve attorneys’ fees and expenses. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long this decision will take.
No. You are welcome to come at your own expense. If you send an objection, you do not have to come to the hearing to speak about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
You may ask to speak at the Fairness Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Bowles v Oakland County, et al, Case No. 20-cv-12838.” Be sure to include your name, current mailing address, telephone number, and signature. Your Notice of Intention to Appear must be postmarked by October 17, 2022 and must be sent to the Class Counsel, Defendant’s Counsel, and the Clerk of the Court. The address for the Clerk of the Court is: Clerk of the Court, United States District Court for the Eastern District of Michigan, 231 W. Lafayette Blvd., Detroit MI 48226.
The address for Class Counsel and Defendants’ Counsel are provided in Question 12.
If the property owner at the time of the foreclosure is now deceased, his or her probate estate may be eligible to receive a payment from the Settlement Fund. If you are a beneficiary or heir of the decedent, you may file a claim on behalf of the decedent, but any payment will only be made to the estate of the decedent. If an estate in probate court has been opened, you must provide information regarding the estate and Letters of Authority showing who is authorized to act on behalf of the estate. If an estate in probate court has not been opened, you must open one and provide information regarding the estate and Letters of Authority showing who is authorized to act on behalf of the estate. If filing on behalf of a decedent, you may file a Claim Form up until January 14, 2023. Additional information regarding making a claim on behalf of a decedent is included in the Claim form.
Please refer to the Settlement Agreement for more information, or call the Claims Administrator at (866) 606-6023 or Class Counsel.