In “merrie olde England,” the sheriff enforced the English common law through the “no writ, no right no remedy” idea of civil procedure.  The common law belonged to the people, but to get your jury verdict satisfied you had to have the proper writ issued by one of the king’s judges.

The sheriff in England got his power not from the people, for they had none to give, but from the sovereign, the king.

In America, when the power of the English King George III, the power of the local sheriff also vanished, “no writ, no right, no remedy.”

In the United States, that is the lands owned by the United States of America, all sheriffs obtain their power through the President of the United States of America and President of the United States.

As for foreclosure, there was none under common law, so how could a sheriff act to evict a homeowner, if there was no such writ.

Even if you have not received a notice of default you want to tell everyone about what you know about the county sheriff.  Don’t think you know enough?  Contact me to enroll in my Basic Course in Law and Government: edrivera@edrivera.com       

Dr. Eduardo M. Rivera

 

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