The Cass County treasurer updated commissioners on the Wayside Church v. Van Buren class-action settlement and on county procedures for distributing surplus proceeds from foreclosed properties.

The treasurer said the county approved participation in the Wayside Church settlement in December 2022. The U.S. District Court granted final approval for counties in the Western District on June 27, 2024, and the Sixth Circuit Court of Appeals affirmed certification, settlement approval and final judgment on Oct. 6, 2025. The treasurer said defendants may still seek U.S. Supreme Court review, but at this point the settlement remains intact.

Financial exposure and recent payments: the treasurer reported Cass County is prepared to pay approximately $1,400,000 in retroactive surplus proceeds to eligible class members who participated in the settlement. The county also has 18 opt-out cases pending, with an estimated exposure of about $500,000. For current-year foreclosures, the treasurer said the county has paid roughly $230,000 to former owners who filed timely claims for surplus proceeds.

How residents claim proceeds: the treasurer walked through the three-step process posted on the county website: file form 5743 with the treasurer’s office (the foreclosing government unit); the county responds with form 5744 (notice to file a motion); and, if surplus proceeds exist, the claimant must file a motion in circuit court and attend a hearing to determine payment. The treasurer stated claimants must file by July 1 in the year of the foreclosure, and said the county posts guidance titled “How to ask for your leftover money after a tax foreclosure.”

Foreclosure prevention efforts: the treasurer said her office focuses on preventing foreclosure through personal outreach, including notices and one-on-one assistance, and that the number of foreclosures in Cass County has declined by roughly 50% annually since 2019.

The treasurer also noted that counties statewide face litigation costs tied to retroactive surplus-proceeds claims and said the Michigan Association of County Treasurers is advocating with legislators for a statewide solution to avoid shifting the full cost to local taxpayers.