Detroit-Area Sheriff To Seek Declaratory Judgment & Stay Of Future Foreclosure Sales; Says Action Is Supported By Federal Law

In a letter to the editor of the Detroit Free Press, Wayne County Sheriff Warren C. Evans responds to an editorial attacking him for calling an immediate halt to all foreclosure sales in Detroit and the rest of Wayne County, Michigan. Among other things, Sheriff Evans states:

• [M]y office will be seeking a declaratory judgment and a stay of future foreclosure sales in the courts based on my conclusion that the Emergency Economic Stabilization Act of 2008, specifically the TARP, preempts state foreclosure laws. We will put this very question to the court, and I will abide by that ruling. In the meantime, I will do my best to protect the rights of my constituents and uphold the law.

• I will continue to hold back on foreclosure sales unless lenders can assure me that the homes they wish to see sold are either exempt from the protections provided under TARP or that qualifying home owners have been provided the opportunity to modify their mortgages until such time as a court rules on my position.

For more, see Wayne County can stop foreclosure sales.

See also, The Detroit News: Evans to seek foreclosure sale ruling.