Wednesday, January 28, 2009

Moratorium Now! Coalition Supports Warren Evans Application to Declare State of Economic Emergency in Wayne County, Michigan

MORATORIUM NOW! COALITION TO STOP FORECLOSURES AND EVICTIONS

33 East Adams, 4th Floor, Detroit, MI 48226
FOR IMMEDIATE RELEASE January 27, 2009
Contact: 313-319-0870

MORATORIUM NOW COALITION SUPPORTS WAYNE COUNTY SHERIFF WARREN EVANS’ APPLICATION FOR GOVERNOR GRANHOLM TO DECLARE MORATORIUM ON FORECLOSURES IN WAYNE COUNTY

DENOUNCE GRANHOLM’S REJECTION OF APPLICATION AS LEGALLY INDEFENSIBLE AND AN AFFRONT TO POOR AND WORKING PEOPLE

ANNOUNCES PLANS FOR DEMONSTRATION AT STATE OF STATE ADDRESS, TUESDAY, FEBRUARY 3, 2009, 6:00 PM AT THE STATE CAPITOL

The Moratorium Now Coalition to Stop Foreclosures and Evictions fully supports Wayne County Sheriff Warren Evans’ effort in applying to Gov. Jennifer Granholm for a Declaration of a State of Emergency in Wayne County and the imposition of a six-month Moratorium on Foreclosures in Wayne County to meet the crisis.

Governor Granholm’s summary rejection of this request is an affront to the poor and working people in Wayne County suffering every day from the foreclosure epidemic that is destroying our communities. Last week the Detroit News, citing Realcomp, reported that the median sale prices of homes in Metro Detroit due to foreclosures fell to $57,000 in 2008, a 46.3% decline from 2007’s median sale price of $108,100. In the City of Detroit, the median sale price for homes dropped to an astonishing $7,500.

Despite the false pronouncements of “loan modification programs” by many banks and mortgage companies, foreclosures and evictions are continuing unabated in Wayne County. Every day seniors as well as unemployed workers are being thrown out of their homes.

Jerry Goldberg, an attorney who defends individuals facing foreclosure, and a member of the Coalition, stated: “Governor Granholm’s statement that she does not have the legal authority to declare a moratorium is absolutely incorrect. In fact, under Michigan law pursuant to MCL 10.31, the governor is invested by Michigan law with the power to declare a State of Emergency in times of great public crisis either in a particular locale on application of a mayor or Sheriff, or statewide; and to promulgate reasonable rules, orders and regulations ‘necessary to protect life and property or to bring the emergency situation within the affected area under control.’ In Walsh v City of River Rouge, 385 Mich 623 (1971), the Michigan Supreme Court held that the emergency powers to invoke and act on a State of Emergency were exclusive to the governor.

“In Russell v Battle Creek Lumber Co., 265 Mich 649 (1934), the Michigan Supreme Court upheld the emergency moratorium statute, Act No. 98, Pub. Acts 1933, which with subsequent amendments placed a five (5) year Moratorium on foreclosures in Michigan.

“The Michigan Supreme Court adopted the ruling of U.S. Supreme Court in Home Loan & Building Loan Ass’n v Blaisdell, 290 US 398 (1934). In that case, in upholding a Minnesota Moratorium on Foreclosures, the U.S. Supreme Court held that upon a declaration of a State of Emergency and pursuant to a state’s police power during an emergency economic crisis, a moratorium on foreclosures was constitutional, and that a state’s power to protect the health and welfare of the people during crises essentially superseded the contract clause of the constitution. In Makar v Peoples Wayne County Bank of Dearborn, 284 Mich 489 (1938), the Michigan Supreme Court again upheld the constitutionality of the Michigan Moratorium Act, which had been in effect for four years when this case was decided. The Court noted in upholding this Act that one of its purposes was ‘to prevent valuable property from being sold at distress prices occasioned by an economic emergency and to give mortgagors a chance to preserve their equities.’ ”

The Moratorium Now Coalition will be demonstrating in Lansing at the State Capitol on Tuesday February 3, 2009, at 6:00 p.m. when Governor Granholm gives her State of the State address. For transportation information call 313-887-4344. Coalition website is http://moratorium-mi.org .

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