Investigations & Cases
Lawsuits Filed to
Kept in Tax
- CASE STATUS ACTIVE
- DATE FILED OCTOBER 12, 2023
- DEFENDANTS Multnomah County, Lane County, Yamhill County, the Attorney General of Oregon, the Director of the Oregon Department of Revenue, and a Defendant Class of all counties in Oregon
- COURT District of Oregon
When a home is seized due to nonpayment of property taxes and sold by the government, what happens to any money beyond the amount of taxes owed? Can the government keep the surplus?
No. Some states have allowed their governments to retain the surplus in tax foreclosures, but a recent U.S. Supreme Court case has changed that.
Kohn Swift has filed a class-action lawsuit in Oregon for homeowners in this position. Each person had a home seized by the county; the county sold their home for significantly more than the amount of taxes owed; the homeowner never saw a penny of the money from the sale.
Kohn Swift attorney Elias Kohn stated that “this case seeks to end the unconstitutional taking of property and the compensate former property owners who lost every penny of equity in their homes over unpaid taxes. As one client explained, regaining some of those proceeds would be ‘life changing.’”
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