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Re. Foreclosure - Sheriff Sale Adjournments

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  • retroracers2007
    In support of my case against my mortgage co., I have submitted two reports (complaints) to HUD via their website: www.hud.gov/offices/oig/hotline/ One against
    Message 1 of 3 , Jan 29, 2008
      In support of my case against my mortgage co., I have submitted two
      reports (complaints) to HUD via their website:
      www.hud.gov/offices/oig/hotline/

      One against the sheriff and one against the foreclosing attorneys.

      This is the one against the sheriff: (The other one is too long to
      post.)

      TO: HUD OIG Hotline (GFI)
      451 7th Street, SW
      Washington, DC 20410
      hotline@...


      REPORT OF FRAUD

      Who was involved? (Names, addresses, phone numbers, if available)
      One in specific is Oakland County Sheriff's Office, 1200 North
      Telegraph Road Building 38E, Pontiac, Michigan, USA, 48341-1044.

      Most likely, other sheriffs in Michigan are violating the same
      law.

      • What happened? (Summary of events, additional sources of evidence)
      Michigan Sheriffs, the Oakland County Sheriff specifically, are
      routinely granting hundreds or thousands of sheriff sale adjournments
      weekly in violation of Title 12 U.S.C. § 3760(c)(1).
      From what I understand, upon assignment as foreclosure commissioner
      from the Secretary of Housing and Urban Development, a sheriff's
      authority and responsibility is stated in Title 12 U.S.C. § 3760(c)
      (1), which states:
      "(1) General authority
      The foreclosure commissioner may, before or at the time of the
      foreclosure sale, adjourn or cancel the foreclosure sale if the
      commissioner determines, in the commissioner's discretion, that—"
      (A) circumstances are not conducive to a sale which is fair to the
      mortgagor and the Secretary; or"
      (B) additional time is necessary to determine whether the security
      property should be withdrawn from foreclosure, as provided in section
      3759 of this title."
      The Oakland County Sheriff is routinely granting sheriff sale
      adjournment requests from mortgagees when neither condition of Title
      12 U.S.C. § 3760(c)(1)(A) or (B) applies.

      A copy of a specific sheriff's deed can be provided, if necessary,
      showing that a sheriff sale was adjourned. An affidavit from the
      homeowners stating they did not request an adjournment can also be
      provided, if necessary.


      • When did it happen? (Date, time, frequency)
      The practice of sheriffs granting sheriff sale adjournment requests
      from mortgagees occurs weekly.

      • Where did it happen? (Location, city, state)
      It happens in Oakland County, Michigan and most likely, other
      counties in Michigan.

      • Why was it done? (Estimated loss to the government, gain to
      violator)
      I do not know why it is done.
      1. It could be happening out of ignorance and is unintentional.
      The Oakland County Sheriff, as well as other sheriffs, may not be
      aware of their authority and responsibility in granting a sheriff
      sale adjournment as stated in Title 12 U.S.C. § 3760(c)(1). It could
      be that the sheriffs think they are supposed to grant any sheriff
      sale adjournment request from a mortgagee.
      2. It could possibly be done because the sheriff is acting in
      complete disregard to the provision. If the sheriff is aware of
      their authority and responsibility and is still granting adjournments
      in complete disregard to the provision, then they are abusing their
      authority and responsibilities by not using discretion in granting a
      sheriff sale in regards to what is fair to the mortgagor.
      In either case 1 or 2 above, the granting of the sheriff sale
      adjournment requests makes it very difficult for the homeowner to
      attend the sheriff sale and redeem their property.
      When a homeowner is unable to attend a sheriff sale, due to the
      sheriff granting unwarranted sheriff sale adjournments, the homeowner
      is at the mercy of trying to redeem their property from the
      foreclosing attorney. From personal experience and from what others
      have told me, foreclosing attorneys offer almost no assistance for
      the homeowner to redeem their property after a sheriff sale. In
      fact, they make it very difficult, if not nearly impossible, for a
      homeowner to redeem their property from them.
      Homeowners are being is denied due process of law in regards to
      having a reasonable opportunity to redeem their property. Mortgagees
      are acquiring properties at a cost well below market value. In some
      instances, mortgagees are reaping huge profits when these properties
      are resold.
      The amount of their profits (and losses to state and federal
      interests) is uncalculable. I'm sure profits are not as high when
      overall property market value is low. However, when market value is
      high, very high profits i.e. billions of dollars a year, could be
      realized for the mortgagee and very high losses could be realized in
      state and/or federal financial interests. Ref: TITLE 12 § 3751.
      3. It could possibly be done to collect extra fees.
      Each adjournment request has an associated fee. According to the
      Oakland County Sheriffs Department, adjournment fees are $8.00 ea.
      The sheriff grants over 500 adjournments every week, evidenced by the
      notices posted on the wall of the courthouse.
      500 / week x $8.00 ea. = $4,000.00 / week
      52 weeks x $4,000.00 = $208,000.00 / year
      If Oakland County accounted for 1/10th of the weekly adjournments in
      Michigan, then it is possible there could be 5000 adjournments
      weekly, statewide.
      5000 / week x $8.00 ea. = $40,000.00 / week
      52 weeks x $40,000.00 = $2,080,000.00 / year

      • How could it happen? (What scheme was used)
      In a foreclosure by advertisement, sheriffs are free to choose to
      follow or not to follow statutory procedure.
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