SETTLEMENT APPROVED

If you owned or are the heir or successor to a person who owned real property that was foreclosed upon by Charlevoix County between January 1, 2012 and December 31, 2020 for the non-payment of real property taxes, you may be entitled to payment from a proposed class action settlement.

This class action alleges that the Charlevoix County and its Treasurer (the “Defendants”) violated Plaintiffs’ rights by failing to give Plaintiffs the proceeds from the sale of the tax-foreclosed properties formerly owned by Plaintiffs that exceeded the unpaid taxes, fees, and other costs associated with those properties. These claims have become known as “surplus-proceeds claims.”

The Court has approved the proposed class-wide settlement. Certain individuals, who had one or more parcels of property foreclosed upon by Charlevoix County for the non-payment of past-due property taxes, are now entitled to payment of monies related to surplus proceeds. Each Class Member is entitled to 95% of the surplus proceeds from the sale of the property plus a payment for interest on that amount at the variable rates established for money judgments under Michigan law in accord with their interest in the property. The County also agreed to pay certain attorney fees incurred by the Class.

Those individuals must file their claims by the April 9, 2026 deadline.

• Download Claim Form

In this case commenced in 2018, Plaintiffs Bryan and Gail Zettel asserted on behalf of themselves and others similarly situated that Charlevoix County violated their rights by failing to give Plaintiffs the proceeds from the sale of the tax-foreclosed properties that exceeded the unpaid taxes, fee, and other costs associated with those properties. They assert, among other claims, that Defendants violated state and federal law by not returning this property. After years of litigation, a settlement was reached, notice was sent to the proposed class, and (following a fairness hearing) the settlement was approved by the Court.

The settlement provides that, in exchange for a release, each Class Member shall receive 95% of the surplus proceeds from the sale of the property plus a payment for interest on that amount at the variable rates established for money judgments under Michigan law in accord with their interest in the property. The County also agreed to pay certain attorney fees incurred by the Class.

More details can be reviewed in the Notice and the Settlement Agreement.

The Court has appointed E. Powell Miller of the Miller Law Firm, P.C., Philip L. Ellison of Outside Legal Counsel PLC, and Matthew E. Gronda of Gronda PLC to represent the Class. They can help you. They are called “Class Counsel.” They are experienced in handling similar class action cases. You may contact Class Counsel using the information below. You are not required to hire your own lawyer because Class Counsel is working on behalf of the Class. If you want to hire your own lawyer, you certainly can, but you will have to pay that lawyer yourself.

You must submit your claim now. Class Members must submit their filled out claim form pursuant to the Settlement within 9 months of the date that the Settlement becomes effective after approval by the Court. The due date to file is April 9, 2026.

• Download Claim Form

Download and view key case documents

Class Action Complaint

Stipulated Preliminary Approval Order

Settlement Agreement

Class Notice

Class Counsel's Petition for Award of Fees and Costs

Motion for Final Approval of Settlement

Final Approval Order

Stipulated Order Granting Class Counsel's Petition for Award of Fees and Costs

Claim Form

You may contact Class Counsel at: