Sheriff Evans argues that Michigan foreclosure law is preempted by the federal Troubled Assets Relief Program (created by the bailout bill), which requires the Secretary of the Treasury to implement a program to encourage loan modifications. He says:
"I cannot in clear conscience allow any more families to lose their homes through foreclosure sale until I'm satisfied they have been afforded every option they are entitled to under the law to avoid foreclosure," he said.
Sheriff Evans has encouraged his fellow sheriffs in distressed communities around the country to follow suit. If sheriffs around the country refused to conduct a foreclosure sale or evict a homeowner until ordered to do so by a court, maybe lenders would start to ask whether it is worth the trouble and might actually start negotiating with borrowers.
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