“The only thing we’ve ever had is being taken away from us because of a technicality.” -Abe Mohamed

DEARBORN— Abe Mohamed says his home is all he and his family have. But the city has served him an eviction notice after buying the tax-foreclosed house. And if the Dearborn City Council does not allow him to buy it back, he will have to leave by Oct. 31.

Mohamed said because of economic hardships he fell behind on his taxes, but he was on track to follow a payment plan with Wayne County to save his home. However, a misunderstanding put his house into default and the city purchased it.

When homeowners do not pay taxes for more than three years, municipalities can buy the properties for the outstanding amount. If the local government is not interested in a tax-foreclosed property, it goes for sale in a public auction months later. 

However, cities hardly ever buy houses that are not causing residential problems, according to a lawyer who advocates for owners of such homes.

Mohamed said his mortgage is paid off and the house is worth more than $100,000. 

His home is one of several owner-occupied homes acquired by the city lately.

“Because of a technicality”

Confused about payment deadlines, Mohamed went to the county with a cashier’s check for $5,000 in August. But it was too late. The city of Dearborn had bought his home.

“There was thousands of people down there, going through tax-foreclosure crisis,” he said. “The county had extended time for people going through hardships to pay their taxes. At the time when the lady gave us the form for the payment plan, she said to pay 60 percent of the amount before the deadline.”

Mohamed said he thought the deadline was Dec. 10, the date of the last payment listed on the form. But in the body of the document, it says that homeowners must pay the 60 percent by June 2.

Mohamed had missed his second payment, but even if he made all his payments on time, the house would have still gone to default because, as scheduled, the installments do not cover 60 percent by the June deadline. 

Mohamed said he went to the county to make a payment in July, but he was told to return during the first week of August.

On Aug. 3, Mohamed learned that Dearborn exercised its right to buy the house. He said he contacted the legal department, which directed him to the council, and the council told him to call the mayor’s office.

“But they assured me at the time that the city’s goal was to only purchase non-owner occupied properties to reduce rentals to stabilize the neighborhoods,” Mohamed said.

Mohamed has an occupancy certificate in the name of his mother, Shaefa Mohamed, who owns the house. Also the owner’s ID card lists the house as her address.

He first wrote to the council on behalf of his mother in August.

“Dearborn is the best city in the world and we are honored to reside in this community,” the letter reads. “Shaefa has called Dearborn home for over 20 plus years. All of her savings was used to pay off the land contract to become land owner.”

He eventually presented his case in front of the council last month, but the council turned him down 4-3, with only Susan Dabaja, Mike Sareini and Mark Shooshanian voting in his favor. 

He said Councilman Robert Abraham had taken issue with the fact that the house is a two-family home. But when Mohamed tried to appeal the decision, he stated that he already had plans to convert the house to a single unit and vowed the full amount owed in taxes. 

“I have enclosed the drawings from the architect, which show the floor plan,” the letter, dated Sept. 23, reads. “Also attached are emails with the architect to show that this conversion project was seeking a variance from the city back in July 2015.”

To have his case reconsidered, Mohamed needed one of the council members who voted against him to change their opinion, but he did not get a response.

Abraham did not return this newspaper’s request for comment.

Mohamed said during the hearing, another family was allowed to buy back their home. 

A distraught Mohamed called on Mayor Jack O’Reilly and the community to put pressure on the council to reconsider its decision.

Mohamed, who lives in the house with his mother, wife and three children, said his family is devastated by the prospect of losing the home.

“Ever since Aug. 3, I haven’t really slept,” he said. “At the end of October, we have to move or the city will do an eviction process. My mom is not holding up well. I am ashamed that I can’t do anything about it. The only thing we’ve ever had is being taken away from us because of a technicality.”

“Stabilizing the neighborhood”

Council President Pro Tem Tom Tafelski said the aim of the city is to maintain the integrity of the neighborhoods.

He declined to comment specifically on Mohamed’s case, but said that homeowners should pay their taxes on time, adding that he was consistent in voting against all the people who wanted to retain their properties after the city bought them.

“Dearborn is aggressive when it comes to preserving and protecting the neighborhoods,” Tafelski said. “If you are behind on your taxes, you need to work with Wayne County, which is more than willing to work with people who are in distress. People had to not pay their taxes for three years prior to their homes coming to the possession of the city.”

Councilman Sareini, who voted in favor of Mohamed, said he supports stabilizing the neighborhoods by only buying rental homes.

“The problem is that several of the properties that the city bought were owner-occupied, and the people had been there for years,” Sareini said. “I don’t see how that matches the intent of what we were trying to do. It doesn’t make sense to me.” 

He added that Mohamed’s case is “very unfortunate” because he was willing to pay what he owed if it were not for the misunderstanding with the county.

“I just don’t see how the city is benefiting by kicking Abe and his family out and putting another owner in the house; I just don’t see it,” Sareini said.

He said the recommendation for buying the homes came from Tafelski, not the mayor.

“Tragic situation”

Joe McGuire, an attorney with Detroit Eviction Defense, said although cities can legally buy homes from the county during the tax foreclosure process, that rarely happens unless the house is blighted or used for crime.

He said buying owner-occupied homes in good condition is unheard of, adding Dearborn apparently bought Mohamed’s home by mistake.

“Making a mistake is one thing; everyone makes mistakes,” McGuire said. “But when Abe came to city council and showed that he was the owner-occupant, that the family owns the house, and also showed them that he was prepared to pay the entire amount owed in taxes, without real explanation, they turned him down. I find that bizarre and outrageous.”

He added that if the eviction happens, it would be “tragic” and “egregious” because the county told Mohamed that he can get on a new payment plan to save his house.

McGuire said he emailed all council members and two councilmen who voted against Mohamed directed him to the legal department, although he made it clear that he is not representing Mohamed as an attorney and the email is not legal communication.

McGuire said Mohamed might have a legal argument against the city, but his best chance of keeping his house is to get the council to reconsider its decision.

“The most important thing is to get his neighbors, his family, people in the community to show their support for him and to compel the city of Dearborn to call off the eviction,” McGuire said.