Wayne County Sheriff Warren Evans' announcement Monday that he would indefinitely halt mortgage foreclosure sales may buy some time for homeowners in financial trouble, but experts question its legality and say it can't prevent lenders from taking back homes from owners.

Tricia Raymond, a foreclosure expert and buyer's agent in Troy, said she doubted the effectiveness of Evans' proposal given the high unemployment rate in Michigan.

"It's one thing to work something out with someone, but if they don't have a job there's not anything to work out," she said. "It's not going to save everyone."

Sheriffs in Oakland and Macomb counties said that while they appreciate Evans' position, their departments would not change how they manage foreclosures without new guidelines from the state.

Gov. Jennifer Granholm's office has previously rejected a request from Evans that she announce a moratorium on foreclosures, telling the Free Press the governor did not have the legal authority to do so.

The governor is expected in her State of the State address today to renew her call for state lawmakers to take action, spokeswoman Liz Boyd said Monday.

Evans said he believes the federal Troubled Asset Relief Program, approved by Congress last fall, trumps state law and preempts him from selling foreclosed homes. The program requires the secretary of the Treasury to implement a plan to settle foreclosures and to encourage lenders to modify loans to help owners stay in their homes.

"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.

The sheriff's sale triggers the 6-month redemption period under Michigan law, during which the homeowner can reclaim the home by making up payments to the lender. If the homeowner does nothing during the redemption period, the bank can repossess the home.

"The lenders are going to be very upset because they need to have a sheriff's sale to begin the redemption. He's going to be fighting with the lenders, that's for certain," said John Graham, a Realtor with Keller Williams in St. Clair Shores.

Graham said that few properties sell at the sheriff's sale as they are offered at the amount owed on the mortgage. Because so many Wayne County properties have lost their equity, few investors are willing to pay the full price and instead wait for the house to go on the market at a foreclosure price.

"I think it's just trying to get votes," he said, referring to Evans' candidacy for Detroit mayor.

But Evans argues that the large number of vacant homes has become a public safety issue.

"It's just a vacant house that is going to be scavenged," Evans said. "The copper is going to be taken. It's going to be a blight in the neighborhood. Common sense would tell me that occupying that house by anybody would be better for the structure than the person not being in it."

Evans' spokesman John Roach said the sheriff's office conducted sales last year on 21,622 foreclosed properties and collected a statutory fee of $50 per property or $1.08 million.

Between 300 and 400 foreclosed Wayne County homes go up for sale weekly, Evans said, adding that his office will lose money as a result of his decision. Yet he urged all Michigan sheriffs to join his foreclosure sale ban.

Oakland County Sheriff Michael Bouchard said he is awaiting another review on the issue, but previous opinions on the subject have indicated that sheriffs are required to follow through with foreclosures.

"Certainly, I appreciate Warren's motives and his heart, and I empathize 100%," he said. "The opinions we have are a little different."

Bouchard said the state Legislature could ease the process for people going through foreclosure with changes in legislation, but county sheriffs are obligated to carry out court-ordered foreclosures.

Macomb County Sheriff Mark Hackel said the state should weigh in on the issue.

Officials with the state Attorney General's Office could not be reached for comment on the issue Monday.

Vanessa Denha-Garmo, a spokeswoman for Wayne County Executive Robert Ficano, raised the issue of legality in a prepared statement:

"The sheriff appears to have good intentions that would have mass appeal, especially with the struggles we are facing in this region. However, there is a legitimate question of whether or not he can legally sustain this in a court of law."

The sheriff's office and county executive have waged public and court battles over the sheriff's budget in recent months. Denha-Garmo said any reduction in revenue from the loss of foreclosure fees associated with the moratorium would further reduce the sheriff's budget 

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