I Smell Revolt: Local Sheriff Takes Law Into His Own Hands

Things are changing in America - the inequity can go on for only so long before people start to wake up and revolt.

Goodbye injustice, hello revolution ...

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 "It's not the sheriff's job to sell houses," says Deputy Sheriff's Officer Paris Washington, a veteran of the department and its head of training. "It's the sheriff's job to serve the people who elected him. Because he was elected by the people, he has to listen to the people. Aren't the people the law?"

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Sheriff John Green has spent 37 years in law enforcement. But these days he's best known around town for the law he won't enforce.

With the economy soft and thousands of Philadelphians delinquent on their mortgages, Sheriff Green this spring refused to hold a court-ordered foreclosure auction. His move raised eyebrows on the bench and dropped jaws among lenders and their attorneys, who accuse him of shirking his duty to enforce legal contracts.

[John Green]

It also prompted a sweeping, court-endorsed deal, scheduled to go into effect next week, that aims to help homeowners avoid foreclosure. Even as Congress moves forward with a federal plan that could insure up to $300 billion in refinanced mortgages, Mr. Green's unilateral approach has pushed Philadelphia to the leading edge of local responses to the national crisis.

"More of our neighbors, our families and our friends are falling behind on their mortgages and losing their homes" to foreclosure, the 60-year-old Mr. Green writes in a "Declaration of Neighborhood Stability" on his Web site, www.phillysheriff.com. "My staff and I watch the suffering every day and witness the heart-wrenching scenes as families lose their primary means of wealth-building and face eviction."

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The sheriff first made his mark in the foreclosure issue in 2004, when he noticed a spike in the number of delinquent properties the court was ordering sold. He postponed one month's auction and then went to Judge Annette Rizzo of the Court of Common Pleas seeking to legalize the move.

"We have to stop the bleeding," the judge recalls the sheriff saying in a courtroom crowded with worried homeowners. The sheriff says he doesn't remember making such a statement.

"Really what he did was not legal," Judge Rizzo says of the sheriff's decision to stop the auction.

During a recess, she summoned the lenders' lawyers, the sheriff, consumer advocates and the city solicitor into the back room. She asked them to form a committee to determine which individual homeowners deserved a delay, aid through existing government programs, or just a graceful exit from their house. But she declined to order a blanket moratorium on sales.

In 2007, the foreclosure wave began to swell again. Because Philadelphia didn't experience a big run-up in home prices, it isn't in as bad shape as hotter markets in Florida and Nevada. Nonetheless, foreclosure filings in the city rose to 6,237, from 5,288 the year before. Early this year, approximately 1,000 properties a month were going on the block at the sheriff sales, according to the sheriff's office.

The trend caught the attention of Curtis Jones Jr., who had won a seat on the City Council a few months earlier and was eager to make a splash. He teamed up with consumer advocates and a senior colleague, Councilwoman Marian Tasco, to write a resolution calling on the sheriff and the Court of Common Pleas president judge, C. Darnell Jones II, to impose an indefinite moratorium on foreclosure sales.

On March 27, in its gilt-and-green chambers, the City Council unanimously voted its approval. It was a nonbinding resolution, more of a political statement than a practical one.

But as the council meeting moved to other matters, one of the sheriff's senior aides phoned Mr. Green to tell him the resolution had passed. The sheriff decided on the spot to postpone the next sale and go to court seeking a longer moratorium. The aide relayed the decision to Councilwoman Tasco, who interrupted the meeting with the news. Housing advocates and their allies in the audience broke into applause.

"We knew [Sheriff Green] would do that," Ms. Tasco told the council. "He cares about the citizens of Philadelphia."

Bad for Business

Mortgage lenders, servicers and their attorneys thought Mr. Green was acting more Robin Hood than sheriff. "It's not his job to postpone things in favor of certain people," says Michael VanBuskirk, a Philadelphia attorney, who describes the city as a "legal free-fire zone." The city, he says, is "less attractive to business if you can't be certain that the sheriff won't invalidate a contract."

Mr. Green and Judge Jones are casual golfing buddies. Still, Judge Jones warned the sheriff at a meeting soon after the announcement that a blanket moratorium on the sales was "unwise and more-likely-than-not illegal."

Mr. Green says he never considered the legality of his decision to halt foreclosure sales. His aides say he is being cagey and that he saw himself as a catalyst to get the court to take action.

People Are the Law

"It's not the sheriff's job to sell houses," says Deputy Sheriff's Officer Paris Washington, a veteran of the department and its head of training. "It's the sheriff's job to serve the people who elected him. Because he was elected by the people, he has to listen to the people. Aren't the people the law?"

In closed-door negotiations in April with lenders' attorneys and housing advocates, Judges Jones and Rizzo worked out a streamlined process intended to make loans more affordable for delinquent borrowers who live in their houses.

Such homeowners are entitled to a free lawyer at court-supervised conciliation sessions with their loan-servicing company. Housing counselors are lined up to help assemble financial information to enable servicers and their lawyers to assess borrowers' ability to pay. The lenders are under no legal obligation to reduce principal or interest, but they face strong pressure to make allowances.

Michael McKeever, a partner in Goldbeck, McCafferty & McKeever, says that his clients -- large loan servicers and investors -- welcome the court initiative's potential to help borrowers resolve their debt problems. This week Mayor Michael A. Nutter offered $1 million to finance borrowers' attorneys and counselors.

To give the plan a chance, Judge Jones ordered that sheriff sales on such owner-occupied properties be suspended at least through next month. The foreclosure wave "is a problem," the judge says. "Is there a way we can do this in a way consistent with the law?"

Mr. Green downplays his own role. "All I did was provide enough time for a solution to develop, which was the easy part," he says.

The people ARE the law - they just don't know it.

But, knowledge is power and everyday more and more people are waking up to that truth.

It's only a matter of time before moneylenders find themselves where they belong - at the receiving end of a very large lynch mob.

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BIG HORN COUNTY, WY SHERIFF'S DEPARTMENT

POLICY

FEDERAL LAW ENFORCEMENT PERSONNEL

EFFECTIVE DATE: APRIL 15, 1997

 

Federal law enforcement personnel need to notify Big Horn County Sheriff's Office in advance of any federal law enforcement operation in Big Horn County, Wyoming.

Sheriff's Office requests the following information before the Sheriff determines whether the Sheriff's Office will be involved:

  • An identification of the individuals or residences to be searched or arrested if known.
  • An identification of the agencies and personnel to be involved in the overall operation contemplated by the federal law enforcement agency.
  • An identification of the chain of command for the operation or planned activity.
  • An identification of the translator if those to be arrested or subject to search are not expected to be fluent in English.
  • Determine the time of day of proposed arrest or search.

 

The Sheriff's Office will inquire of federal law enforcement personnel in charge to confirm that the federal law enforcement agency in good faith has probable cause for any potential searches and arrests prior to any such search or arrest of which the Sheriffs Office gains knowledge.

The Sheriff's Office will discourage federal law enforcement arrests or searches after 10:00 P.M. unless exigent circumstances exist.

If assistance is provided, the Big Horn County Sheriff's Office will:

  • Have direct radio communication capability with the Sheriff's Dispatch during all searches and arrests.
  • Report any observed violation of civil rights to the Sheriff's Dispatch contemporaneously.
  • Keep dispatcher logs.
  • Prepare after action reports within 48 hours.
  • Conduct thorough investigation of any alleged civil rights violations.


 

Return address from envelope addressed to Forest Glen Durland and dated 9-7-99

BIG HORN COUNTY SHERIFF
P.O. Box 69
Basin, Wyoming 82410-0069

 

Claymoremind | Sat, 2008-06-07 05:57

Good on local sheriffs who serve the people who elect them!

I can't wait until those usurious bastards are gone for GOOD.

There is no difference between the rich, the greedy, and thieves, because the general people are not nearly so well off.

Grim Reaper | Sat, 2008-06-07 14:22

The Banksters and their assortment of felonious con men and fast buck artists are not happy with this guy.

They're probably working on some various schemes to make sure this kind type of humanity doesn't catch on and spread to other locals.

In a way, I have more respect for a train robber like Jesse James than bankers.

At least Jesse was up front and honest about his intentions when he stuck a gun in your face and demanded money.

These modern day train robbers use pieces of paper and ink to stealthily steal your property.

Greg Bacon | Sat, 2008-06-07 14:40

You have 'steal' (more like take back)

vs.

Lie, cheat, steal, murder*666 (etc!)

I wouldn't wish bank tellers any harm,
but robbing the place gets way more respect out of me
than the homicidal banking establishment ever will.

Grim Reaper | Sat, 2008-06-07 15:40

unclesam wakeup

Go, Rep. Kaptur!

Tell Wall Street to Go To Hell!!!

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