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Sheriff refuses foreclosure evictions
I understand the sheriff's point about not evicting innocent tenants -- a real problem -- but I think he's going to have some problems with the courts in his future. This is such an enormous problem in many communities.
Illinois sheriff: No foreclosure evictions on my watch
- Story Highlights
- Sheriff Thomas Dart says he is suspending foreclosure evictions in Cook County
- Dart: "These mortgage companies only see pieces of paper, not people."
- Illinois Bankers Association opposes plan, says sheriff could be found in contempt
- Cook County expected to exceed 43,000 foreclosure cases this year
CHICAGO, Illinois (CNN) -- Sheriff Thomas J. Dart said Wednesday he is suspending foreclosure evictions in Cook County, which had been on track to reach a record number of evictions, many because of mortgage foreclosures.
He said many of the evictions involve renters who are paying their rent on time but are being thrown out because the landlord has fallen behind on mortgage payments.
Mortgage companies are supposed to identify a building's occupants before asking for an eviction, but sheriff's deputies routinely find that the mortgage companies have not done so, he said.
"These mortgage companies only see pieces of paper, not people, and don't care who's in the building," Dart said. "They simply want their money and don't care who gets hurt along the way.
"On top of it all, they want taxpayers to fund their investigative work for them. We're not going to do their jobs for them anymore. We're just not going to evict innocent tenants. It stops today." 
Watch sheriff announce he won't evict innocent tenants ?
Dart said he wants the judiciary or the state Legislature to establish protections for those most harmed by the mortgage crisis.
In 1999, Cook County had 12,935 mortgage foreclosure cases; in 2006, 18,916 cases were filed and last year, 32,269 were filed. This year's total is expected to exceed 43,000.
"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 and find some way to protect."
The Illinois Bankers Association opposed the plan, saying that Dart "was elected to uphold the law and to fulfill the legal duties of his office, which include serving eviction notices."
The association said Dart could be found in contempt of court for ignoring court eviction orders.
"The reality is that by ignoring the law and his legal responsibilities, he is carrying out 'vigilantism' at the highest level of an elected official," it said. "The Illinois banking industry is working hard to help troubled homeowners in many ways, but Sheriff Dart's declaration of 'marshal law' should not be tolerated."
http://www.cnn.com/2008/US/10/08/chicago.evictions/index.html
Re: Sheriff refuses foreclosure evictions
Sounds like the mortgage companies are not holding up their end of the bargain so I see his point.?
When I heard this story it also made me think, isn't it better to keep the renters in there if the house(s) are going to sit unoccupied for long periods of time? That way they can keep up with maintenance and the houses would be more secure. I'm assuming with so many foreclosures and credit problems that the properties are not exactly flying off the market.
they are gonna have to come up with another solution. There isn't gonna be anywhere for these people to go in areas with a ton of foreclosures. This isn't martial law, its the reality of the situation. What's the point of kicking out normal renters only to have the building occupied as a crack house or by mountain lions a few weeks later?
This is something near & dear to me. We have fortunately not seen any tenants be evicted yet due to foreclosure on the landlord. Whew. But other HAs in Ohio have seen it. They've basically said what was said here - why wouldn't you want to let the tenant live there and pay rent while the bank tries to sell?
In fact, several HAs in Ohio have worked with the banks and that has been the solution to keeping S8 tenants in their homes. The HA literally writes checks for housing assistance payments to the bank.
Good for the sheriff for sticking up for these people. There is NO reason why the bank can't work up a tenant/landlord agreement. None. Other than laziness, IMO.
There is NO reason why the bank can't work up a tenant/landlord agreement.
good point!