Henry County, Illinois Tax-Deed Lawsuit: No Settlement Yet
Active Litigation
If you lost a house, farm or business lot in Henry County to a tax deed, this is the case behind the searches. Henry County and its treasurer are defendants in a federal class action, Top Metal Buyers Inc. v. Lopinot, No. 3:24-cv-01073, which says Illinois counties let former owners lose all the equity above the back taxes. As of October 2026 the case is still pending. There is no settlement, no fund and no claim form.
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What the Lawsuit Says Happened
When Illinois property taxes go unpaid, the county sells the tax debt to a private tax buyer. If the owner does not redeem in time, a tax deed transfers the whole property — not just the amount owed.
The lawsuit alleges that the surplus — the gap between the taxes owed and the value of the property — “is never returned to the former owner.” It relies on Tyler v. Hennepin County, 598 U.S. 631 (2023), where the U.S. Supreme Court held that a Minnesota county could not sell a home for $40,000 over a $15,000 tax bill and keep the remaining $25,000.
The Henry County example in the case: a former 30-acre commercial lot in St. Colona. Per the court's summary of the complaint, the redemption cost was $82,981.30; the fair market value was $249,792.
The plaintiffs plead a federal takings claim, the Illinois takings clause, the Eighth Amendment's ban on excessive fines and state-law claims including inverse condemnation. The counties dispute liability.
Case details
Top Metal Buyers Inc. v. Lopinot, No. 3:24-cv-01073-NJR, U.S. District Court for the Southern District of Illinois, before Chief Judge Nancy J. Rosenstengel. It was filed on April 10, 2024 by the Chicago firm Hughes & Suhr against St. Clair and Sangamon counties.
Henry County was added in an amended complaint in August 2024, along with its treasurer, Kelly Vincent, in an official capacity. McDonough and Madison counties are also defendants. The plaintiffs also ask the court to treat every Illinois county as a defendant class.
Two related cases run in the Northern District of Illinois: Sharritt v. DuPage County, No. 1:23-cv-15838, and Kidd v. Pappas, No. 22-cv-7061, where a class of about 1,700 former Cook County owners has been certified. You can read the September 2025 ruling on GovInfo.
Status: Pending in Federal Court, No Settlement
In 2026 a tax buyer, Raven Securities & VI Inc., moved to dismiss, and the plaintiffs responded on July 24, 2026. As of October 9, 2026 the docket was still active, with deadlines being extended. No class has been certified, no settlement has been announced, and Henry County has not agreed to pay anyone.
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There's no claim deadline yet. We'll email you if a settlement opens a claim period.
Who Could Be in the Class
The suit seeks relief “on behalf of a class of all victims” of the practice. In plain terms, that means former owners whose Illinois property was taken by tax deed when it was worth more than the taxes, interest and fees owed. Henry County owners are covered through the county's place as a named defendant. The proposed defendant class would extend the case to every other Illinois county.
You cannot sign up today; no class exists yet. If a class is certified or a settlement is reached, notice will come from the court process.
What to keep now: the tax deed, the redemption notices, any tax-sale paperwork and anything that shows the property's value when it was taken.
Is There Any Money — and Where Could It Come From?
Two other routes exist, and both have conditions. First, Illinois law has long had a county Indemnity Fund (35 ILCS 200/21-295). Per the court, a former owner must first file a legal action, and the time limit is 10 years from the tax deed.
Second, the legislature passed House Bill 4537 in May 2026 (House 80-35, Senate 56-1-1). Under the bill, owners get any surplus from future tax-deed sales. It also creates a surplus equity fund, paid for by tax-buyer fees, for people who lost a home in the past two years. Check with the Henry County Treasurer whether a claim process has opened and whether your deed date qualifies. We could not confirm the details for Henry County.
How cases like this one end
Our copy of the federal courts’ own case database covers 182,728 other civil rights casesclosed in U.S. federal district courts between 2015 and 2026, 1.2% of them filed as class actions:
- 19% ended in a settlement recorded by the court. Another 9.1% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 19% and 28.1%.
- 15.1% were decided on a motion before any trial.
- 1 in 63 reached a trial (1.6%), after a median of 31.2 months.
- Median time from filing to the end of the case: 7 months.
- Only 1,316 of them (0.7%) record a money award at all; the median of those is $248,500.
These are base rates for this type of case (federal other civil rights cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Henry County Tax-Deed Case Timeline
2023 — Supreme Court Decides Tyler
In Tyler v. Hennepin County, the Supreme Court rules unanimously that a county cannot keep surplus value above a tax debt.
April 10, 2024 — Class Action Filed
Hughes & Suhr sues St. Clair and Sangamon counties in the Southern District of Illinois, No. 3:24-cv-01073.
August 2024 — Henry County Added
An amended complaint names Henry County and its treasurer. In December 2024 the county board voted 17-0 to hire outside counsel for the federal case.
September 30, 2025 — Case Survives Dismissal
Chief Judge Rosenstengel denies most of the motions to dismiss. Only the conversion claim and the state revenue director are dropped.
May–July 2026 — New Law, Tax Buyer Joins Fight
The legislature passes HB 4537 on surplus equity. In the case, a tax buyer moves to dismiss and plaintiffs respond on July 24, 2026.
October 2026 — Still Pending
The docket remains active. No class certification, no settlement, no fund and no claim deadline.
Three Things to Watch For
When a lawsuit and a new law both mention “surplus money,” former owners start getting offers:
Surplus “recovery” finders taking a cut
Letters or calls offering to recover your Henry County surplus for a percentage. They usually have only your name from public deed records. Ask the County Treasurer directly what, if anything, is owed before signing a fee agreement.
“Henry County settlement claim form” sites
There is no settlement in Top Metal Buyers v. Lopinot, so there is no claim portal. A site asking for your Social Security number or bank details to “secure your share” is not filing anything.
Small cash offers to sign over your rights
Investors sometimes offer a quick payment for an assignment or quitclaim of a former owner's rights. Signing can hand them whatever the lawsuit, the Indemnity Fund or the new law later pays. Read it with a lawyer first.
Henry County Tax-Deed Case — Questions People Actually Ask
Short answers to the questions people ask most about this case.
Is there a henry county illinois lawsuit settlement 2024-2026 I can claim?
No. As of October 2026 the case against Henry County, Top Metal Buyers Inc. v. Lopinot, No. 3:24-cv-01073, is still being litigated in the Southern District of Illinois. No settlement, fund, claim form or deadline exists. For settlements that are open right now, see open class action settlements.
Why is Henry County being sued?
The lawsuit alleges that when tax deeds were issued, owners lost the full value of their property instead of only the taxes owed, and the surplus was never returned. It relies on the 2023 Supreme Court decision in Tyler v. Hennepin County. Henry County and its treasurer deny liability.
I lost property in Henry County to a tax deed. Am I part of this?
Possibly, if the property was worth more than what was owed. But no class has been certified yet, so nobody is formally a class member today. Keep your deed, notices and any proof of value. If a class is certified or a settlement is reached, notice comes through the court process.
What did the judge decide in September 2025?
On September 30, 2025, Chief Judge Nancy J. Rosenstengel denied most of the counties' motions to dismiss, including Henry County's. She held that issuing a tax deed without just compensation for the surplus is what may violate the Constitution. The case then moved toward scheduling.
Does the new Illinois tax sale law give me money?
Possibly, and separately from the lawsuit. House Bill 4537 passed in May 2026. Under it, owners get the surplus from future sales, and a surplus equity fund is created for people who lost a home in the past two years. Ask the Henry County Treasurer whether a claim process is open and whether your deed date qualifies.
What is the Indemnity Fund?
An existing Illinois remedy (35 ILCS 200/21-295) for owners who lost title through a tax deed. Per the court, you must first file a legal action, and the limit is 10 years after the tax deed was issued. The lawsuit argues these funds are underfunded. A lawyer can tell you whether the Indemnity Fund or the class case fits your situation.
Do I have to do anything right now?
There is nothing to file in the class action. What matters is keeping records and watching time limits: the Indemnity Fund limit runs from your deed date. If someone offers to buy or “recover” your rights, get independent advice first.
I was looking for a different Henry County settlement. Is this the right page?
This page covers the federal tax-deed case against Henry County, Illinois. For county opioid money, see the opioid settlement guide. For the equipment-repair case farmers ask about, see the John Deere lawsuit page. Henry Counties in other states have separate cases.
About This Information
- Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated
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This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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