Phoenix AZ real estate has declined sharply. Wall Street is in turmoil. The economy is in a recession. Many Americans are struggling to keep their jobs, 401K’s and homes and get on with these tough times.
Foreclosures in towns like Scottsdale, Fountain Hills, Peoria, Mesa and Tempe have made real estate recovery difficult.
Agreeably, their is blame to go around.
- Borrowers - buyers must take some responsibility before they are quick to point blame.
- Lenders – Greed by lenders to get paid a commission with disregard of borrowers ability to pay for the mortgage.
- Banks - Lack of over sight by management, low underwriting standards and poor explanation of borrower risks
- Wall Street -Investment banks pooled CMO ‘s (collateralized mortgage obligations) and sold to their investors with high rates of returns.
- Government- lack of oversight of allowing many to buy what they cannot afford in order to support growth
While we play the Who really is to blame? game, there are large number of unwitting victims to market conditions and others mistakes.
The most innocent victims are those honest and timely renters who are on-time paying tenants who are unaware that their landlord (the homeowner) has fallen into mortgage-related foreclosure only to come home to a foreclosure notice on their door unaware that the owner has not paid the mortgage and an immediate eviction demand from the local sheriff.
Unlike an owner who may have up to 120 days notice (or more) in greater Phoenix AZ to vacate the home upon pending foreclosure sale, a renter / tenant must leave right away once the foreclosure has occurred.
Cook County Sheriff Tom Dart said today his office plans to stop serving eviction notices on people who have fallen behind on mortgage payments as well as renters unaware their buildings have fallen in arrears.
He said his action was necessary in light of the national foreclosure crisis that is driving down the American economy.
Dart acknowledged he could be found in contempt of court for ignoring court orders, but said he was willing to risk that to carry out “justice
He noted that hundreds of Cook County residents each month are evicted after sheriff’s deputies show up at their doors, not knowing that their landlords haven’t made their mortgage payments.
“The people we’re interacting with are, many times, oblivious to the financial straits their landlord might be in,” Dart said. “They are the innocent victims here, and they are the ones all of us must step up for and find some way to protect.”
I want this Phoenix AZ real estate blog article to serve as an open letter to our Maricopa County (Phoenix AZ) Sheriff Joe Arpaio to do the same for those renters who have paid on-time to the landlords who pocketed the monthly rent money and did not forward to the banks / lenders.
Please consider allowing these tenants to stay in the home with an rents going to the lenders for a statutory period of time. A minimum of 30 days from the foreclosure sale to allow the tenants to find a new home to live, pack and move.
I am not suggesting that he allow those who have defaulted on a loan stay longer. However, those who have followed the law need some protection in these uncharted financial and economic times.
I am suggesting legislation to protect those many people who were harmed as a result of the mortgage crisis.
Yes, it is a sheriff’s job to carry out the law, not make the law. Though, it is also a Sheriff’s job to protect innocent people.
This is not martial law. This is moral law intervening in a crisis. Like any good American who sees people in some immediate harm , Mr. Dart moved swiftly to do what is morally and ethically expected to those who are in imminent danger.
I commend him and he may likely get my write-in ballot for President. I encourage Phoenix AZ sheriff Joe Arpaio to do the same and expect many write-in ballots as well.
Call your local Phoenix AZ Congressman and let your voice be heard.
Copyright © James Wexler *Stop Foreclosure Evictions in Phoenix AZ*
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