The purpose of this website and the Notice of Class Action is to inform you that your rights may be affected by settlement proceedings in a class action lawsuit pending in the United States District Court for the Eastern District of Michigan. The Notice is provided by order of the Court and summarizes essential information concerning the Settlement and your potential rights. Please read the Notice carefully.
This lawsuit began on June 8, 2015 when Rafaeli, LLC and Andre Ohanessian filed a lawsuit in the State of Michigan in the Sixth Circuit for the County of Oakland titled, Rafaeli, et al., v. Oakland County, Case No. 2015-147429-CZ.
The Litigation primarily involves allegations that Oakland County foreclosed on properties in order to satisfy outstanding unpaid property taxes. After foreclosure, the County sold the property for more than was due and kept the surplus proceeds. The Michigan Supreme Court subsequently determined that the retention of the surplus proceeds resulted in a violation of the Michigan Constitution. Oakland County strongly denies the Plaintiffs’ allegations, and contends that it fully complied with the law.
You are a part of this Settlement as a third party. But for the foreclosure, your lien would still be active and not discharged as a result of the foreclosure and subsequent sale. This Settlement resolves any claim that Oakland County unlawfully extinguished the liens.
The Parties have now reached a Settlement and the Court has preliminarily approved the Settlement. The Settlement does not constitute an admission of liability by Oakland County or any of the parties who will be released, nor does the Settlement constitute a finding of liability by the Court, which has not yet ruled, one way or the other, on the merits of the Class Representatives’ claims.
You received notice because information collected by Oakland County indicates that you had a lien on property located in Oakland County that was later foreclosed extinguishing the loan and the property sold in a foreclosure sale between 2016 and June 30, 2022 for more than was due in taxes and other costs. Accordingly, the Parties agree that you may be a Class Member eligible to participate in the Settlement.
The following is only a summary of the Settlement. In the event that there are any conflicts between this notice and the Stipulation of Settlement, the terms of the Stipulation of Settlement shall govern. The Court has granted preliminary approval to the Settlement and conditionally certified the Settlement Class.
For purposes of the Settlement, and without admitting any liability, Oakland County has agreed to provide monetary consideration to Class Members who do not request exclusion from the Settlement. If you are a Class Member and the Settlement receives final approval from the Court and you have submitted your claim form and you do not exclude yourself from the Settlement, then you will be eligible to receive such benefits, if any, for which you may qualify.
In exchange for the Class Representative and the Class Members’ release of claims against Oakland County and the other parties to be released by the Settlement, Oakland County will pay up to Nine Hundred Forty Thousand Dollars and 0/100 Cents ($940,000.00). After Attorneys’ Fees and Lawsuit Costs , Settlement Administrator Fees and Costs and an Incentive Payment are deducted (all as specified in more detail in the Stipulation of Settlement), the remaining funds (the “Net Settlement Amount”) (approximately $622,000) will be distributed to Class Members who do not timely request to be excluded from the Settlement (each of whom is called an Eligible Class Member). The amount of each Eligible Class Member’s settlement payment will be a proportionate share of the Net Settlement Amount based on the amount of their remaining underlying lien on the property.
In exchange for the benefits described above, Class Members who do not exclude themselves from the Settlement will be deemed to have given a complete release of all Released Claims (regardless of whether they actually cash the check issued pursuant to this Settlement). If the Court grants final approval of the Settlement, the Court will enter a final judgment and dismiss all such claims with prejudice. Additionally, Class Members who cash their Settlement Checks will also be deemed to have opted into this Settlement (i.e., opted into the pending lawsuit) and released the Released Claims.
The claims to be released, in general, include any claims arising out of Class Members’ liens against property in Oakland County that was foreclosed and sold by Oakland County for a surplus between 2016 and June 30, 2022, that were asserted in the Litigation or could have been asserted in the Litigation based on the facts alleged in the Litigation, arose or accrued at any time from the beginning of the relevant statute of limitations period through June 30, 2022.
The Settlement has not yet been granted final approval by the Court. Final approval will take place only after a Final Approval Hearing, at which Class Members who have not requested exclusion will have an opportunity to comment on the Settlement.
To participate in this Settlement and receive your share of the Final Settlement Amount, you must submit a Claim Form by January 19, 2023. If you do not submit a timely and valid Claim Form you will be deemed to have excluded yourself from the terms of the Stipulation of Settlement.
A Claim Form was included in the mailed Notice packet with a prepaid, pre-addressed envelope, or it can be downloaded here: Claim Form.
If the Settlement is approved, your payment will be mailed to the address on your Claim Form. If your mailing address changes, please inform the Settlement Administrator and/or Class Counsel at info@OaklandCoLienholderSettlement.com.
If you wish to exclude yourself (or opt out) from the Settlement, you must submit a letter requesting exclusion. To be valid, your Request for Exclusion must: (i) contain your name and address; (ii) clearly state that you request to be excluded from the Oakland County Surplus Lienholder Class Action Settlement; (iii) be postmarked on or before November 21, 2022; and (iv) be mailed, faxed or emailed to:
Dover Glen Condominium Association v. County of Oakland
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Telephone: (866) 221-3101
Facsimile: (714) 824-8591
Email: info@OaklandCoLienholderSettlement.com
A form Request for Exclusion was included in the mailed Notice packet with a prepaid, pre-addressed envelope, or it can be downloaded here: Exclusion Form. Please only fill out and send in the Request for Exclusion if you wish to be excluded. If you submit a timely and valid Request for Exclusion, you will not be bound by the Settlement and you will not be eligible to participate in the potential benefits under the Settlement. Moreover, if you opt out, you will not be entitled to object to the Settlement or to appear and be heard at the Final Approval Hearing.
The Court has scheduled a Final Approval Hearing on November 22, 2022, in the United States District Court for the Eastern District of Michigan, which is located at Theodore Levin U.S. Courthouse, 231 Lafayette Blvd., Room 204, Detroit, Michigan, 48226, to hear evidence and testimony regarding whether the proposed Settlement should be finally approved. The hearing will begin at 2:00 p.m. Eastern Time. The Court may reschedule the time and date of the hearing without further notice to the Settlement Class.
If you are a Class Member, and you do not timely submit a valid Request for Exclusion, then you may, at your own expense, appear at the Final Approval Hearing and/or file a written statement commenting on or objecting to the proposed Settlement. If you wish to object to the Settlement, you must submit a valid objection. To be valid, your objection must: (i) contain your name and address; (ii) contain a statement of your objections to the Oakland County Surplus Lienholder Class Action Settlement; (iii) contain a statement advising if you plan to seek permission to address the Court at the Final Approval Hearing, and any legal briefs, papers or memoranda you propose to submit to the Court; (iv) be electronically filed through the Court’s e-filing system on or before November 21, 2022, and (v) be mailed to:
Dover Glen Condominium Association v. County of Oakland
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Telephone: (866) 221-3101
Facsimile: (714) 824-8591
Email: info@OaklandCoLienholderSettlement.com
If you fail to timely submit a valid objection, either by electronic filing with the Court or in person at the Final Approval Hearing, you will be deemed to have waived any objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement.
The attorneys for the Settlement Class in the Litigation are Jason J. Thompson and Kathryn E. Milz of Sommers Schwartz, P.C. Class Counsel’s contact information is as follows:
Kathryn E. Milz
kmilz@sommerspc.com
SOMMERS SCHWARTZ, P.C
One Town Square, Suite 1700
Southfield, Michigan 48076
Telephone: (248) 355-0300
Facsimile: (248) 436-8453
You do not need to pay any portion of Class Counsel’s attorneys’ fees and costs. In connection with the Final Approval Hearing on November 22, 2022, Class Counsel will make a request to the Court for an award of Attorneys’ Fees and Lawsuit Costs of approximately $310,200. The request for Attorneys’ Fees and Lawsuit Costs is subject to Court approval. Any amount awarded by the Court will be paid from the Final Settlement Amount and any amount not awarded will revert back to the Settlement Class and be divided as provided in the Stipulation of Settlement. Your estimated award assumes that the full amount will be requested and awarded.
This website and the Notice of Class Action Settlement is intended only to provide a summary of the circumstances surrounding the Litigation, the terms of the Settlement, and your rights. You may seek the advice and guidance of your own private attorney, at your own expense, if you desire. For more detailed information, you may review the pleadings, records, and other papers on file in the Litigation, which may be inspected during regular business hours at the Theodore Levin U.S. Courthouse, located at 231 W. Lafayette Blvd., Detroit, Michigan, 48226. PLEASE DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT.
If you have any questions about this notice, please contact the Settlement Administrator and ask about the Oakland County Lienholder Class Action Settlement: P.O. Box 26170, Santa Ana, CA 92799, Telephone: (866) 221-3101, Facsimile: (714) 824-8591, Email: info@OaklandCoLienholderSettlement.com.