Re. Foreclosure - Sheriff Sale Adjournments
- In support of my case against my mortgage co., I have submitted two
reports (complaints) to HUD via their website:
One against the sheriff and one against the foreclosing attorneys.
This is the one against the sheriff: (The other one is too long to
TO: HUD OIG Hotline (GFI)
451 7th Street, SW
Washington, DC 20410
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
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property should be withdrawn from foreclosure, as provided in section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
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
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
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.