- Rev. David Bullock speaks at press conference on illegal foreclosures, Rev. Rowe at his left, attorney Palmore and plaintiff Yvonne Cross at his right
DETROIT – A federal case set for a class action certification hearing Oct. 14 at 2 p.m., before U.S. District Court Judge Marianne Battani, could invalidate the foreclosures of more than 80,000 Wayne County residents while Warren Evans was Sheriff. So says attorney Chiketa Palmore, who along with Attorney Paul Nicoletti is representing 46 plaintiffs who say Evans’ office issued legally invalid sheriff’s deeds to take their homes.
The suit, Sherie Williams, Yvonne Cross, et. al. v. Wayne County Sheriff, has gained the support of Rev. Edwin Rowe of Central United Methodist Church, Rev. David Bullock, Detroit Rainbow:PUSH leader, and others who held a press conference at Rowe’s church Sept. 10.
It contends that Evans never authorized six Wayne County employees to act as Deputy Sheriffs in certifying the sheriff’s deeds. In some cases, no auctions leading to the deeds were conducted. The defendants are Evans, the Wayne County Sheriff’s Department, the County Board of Commissioners, and Wayne County itself.
“Our case is based on a hypertechnicality, but we are saying that if homeowners and taxpayers are held to the black letter of the law, public officials should be held to the same standard,” Palmore said.
“If a homeowner goes one day past the six-month redemption period to pay taxes to reclaim their home, they lose their home. There’s no gray area, no wiggle reoom. Evans ignored a provision of the law which says that he himself must authorize the deed. Allegedly, he verbally told his undersheriff to appoint six or employees to do so, but there are no written documents to that effect. He issued a written affidavit after we filed suit, but that is after the fact.”
The lawsuit specifies that Evans did not sign or authorize appointments of Deputy Sheriff, record them with the Wayne County Clerk, issue oaths of office to the erstwhile Deputies, or post the statutory bonds required.
In some cases, says the suit, “The Sheriff’s sale was not conducted at the time and place stated in the Sheriff’s Deed that was subsequently recorded with the Wayne County Register o Deeds.”
Palmore said District Court judges and a bankruptcy judge have issued decisions on their side in other areas of the country, while there have also been decision to the contrary. But she said, these are non-precedental decisions. U.S. District Judge Marianne O. Battani, who is hearing the case, will have the opportunity to render her own opinion Oct. 14.
Palmore said the county is claiming “harmless error” in the case.
“But you can’t get to ‘harmless error’ until you get past the point of the sheriff’s deed being invalid,” she contended. “How do you unring the bell?”
The lawsuit charges fraud, gross negligence, taking without just compensation, and civil conspiracy, among other allegations. Under terms of the Michigan Consumers’ Act, Nicoletti said earlier, property owners may be awarded compensatory damages, including costs of loss of the home’s contents and subsequent vandalism of the homes.
In some cases where homes have not been damaged or vandalized, Palmore said, the plaintiffs may be able to move back into their properties pending re-institution of foreclosure proceedings.
The county filed a motion to dismiss the case in July, claiming “that plaintiffs have either (1) failed to state a claim upon which relief can be granted;(2) defendants are entitled to judgment on the pleadings; or (3) there is no genuine issue as to any material fact and defendants are entitled to judgment as a matter of law.” Continue reading