Sheriff in Ill. county won't evict in foreclosures

Sheriff in Ill. county won't evict in foreclosures

Oct 8, 2:19 PM (ET)

CHICAGO (AP) - Residents of foreclosed properties in Chicago and other parts of Cook County don't have to worry about deputies forcing them out. Sheriff Tom Dart says that starting Thursday his office won't take part in evictions.

Dart says he's concerned that many of the people being evicted are renters who were unaware that their landlords have been failing to pay their mortgages. He says his deputies have no way of knowing whether they're removing someone who has defaulted on a loan or someone who has been faithfully paying rent.

Dart says he thinks he's the first sheriff in a major metropolitan area to stop such evictions during the ongoing foreclosure crisis.

Dart says the number of mortgage foreclosures in Cook County has skyrocketed and will probably keep rising.

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Oh great! Why enforce laws with which you disagree?

Wonder what his position is on pot...May be the first major metropolitan area to legalize it (in the US).

Today's multiple choice reality check question of the day. . .

Sheriff Tom Dart is:

A. A disgruntled home owner with a 5/1 ARM about to adjust 5 percent higher.
B. Up for re-election and has given up on the traditional methods of remaining in office (such as lowering crime).
C. Oblivious to the concept of a "lease," and it's magical powers of solving the "who owns this house" confusion.
D. All of the above.

DiabloD3 said: You forgot one, Brainy... E. Sick and tired of the government and wants to do something about it, even if its going to get him fired.

Unfortunately he does not understand that sould he actually do what he plans the mortgage lenders will stop lending in the area.

soundtechie said: But if you don't evict, then the renters keep paying rent and only crooked landlord profits from the sher'fs largesse.

yes, it's a win-win for the renter and the (non mortgage paying) homeowner.

The bank is at a loss since it would be easier to sell a vacant property.

BrainySmurf said: Today's multiple choice reality check question of the day. . .

Sheriff Tom Dart is:

A. A disgruntled home owner with a 5/1 ARM about to adjust 5 percent higher.
B. Up for re-election and has given up on the traditional methods of remaining in office (such as lowering crime).
C. Oblivious to the concept of a "lease," and it's magical powers of solving the "who owns this house" confusion.
D. All of the above.

E. wants to see his name on CNN.com

Hopefully, banks will react either jack up interest rates in Chicago or stop issuing mortgages their altogether until this lazy sheriff gets the boot from voters.

DiabloD3 said: You forgot one, Brainy... E. Sick and tired of the government and wants to do something about it, even if its going to get him fired.

I guess you don't own anything, how would you like it?

The FING guys an idiot and should be shot and his dead body dragged behind my car!

I evict people all the time, oh well get over it and go live with mommy.

Maybe i'll move into your car, maybe then you'll understand it. It's not only banks who foreclose or evict people.

Pay your bills, deadbeat!

I would not be so quick to judge. I see two greedy parties (lending institution and landlord) and one innocent party (renter) in this dispute. The big gorilla (lending institution) is try to evict the innocent renter. The renter has lived up to his/her obligations by paying the rent and is no less innocent than the taxpayers who are paying for a mess they did not create. This case has legal merits and the Sheriff is wise to stay on the sidelines until it is heard in court. If anything, many of the lending institutions are partly guilty for this mess and the plight of the renter.

lonestarguy said: Hopefully, banks will react either jack up interest rates in Chicago or stop issuing mortgages their altogether until this lazy sheriff gets the boot from voters.LOL, you don't live in Chicago, do you? It's the democratic machine where people seem to be born for life into govt jobs and can do as they please. Want to bulldoze a beautiful lakefront airport in the middle of the night? Funnel all city contracts to your relatives and kickbacking cronies? Sell govt land to your friends and then rezone it increasing the value by millions? Hire your unqualified relatives into 100k jobs lacking any accountability? Not be subject to motor vehicle laws or traffic tickets? Charge your new Lexus lease and gas to the city and have it be fine (or just have a security detail and driver like some aldermen that are paid for by the city)? Go for it! It's the Chicago democratic machine. Laws are for unconnected suckers.

(yes, all true events that define the pitiful state of Chicago politics)

I am dealing with the same issue on my house. My landlord didn't tell us about the foreclosure. I don't know whether to take the cash for keys option or wait for the court order.

E: Recognizes that in Crook County, just because a court ordered it doesn't make it right.

F: Like every other cop in Crook County, he thinks he's above the law.

Nessy said: I think it's pretty obvious that the renter's rights issues between states are in question, and Illinois has actually made some recent changes to theirs. Not to mention, if the Sheriff doesn't know if its the owner or the renter, it's important since their are different regulations involved with each one... different rights.

If it was foreclosed, they are both occupants and have had notice and their day in court!

So why is he not following the COURT ORDER?

bigdinkel said: win333 said: bigdinkel said: I am dealing with the same issue on my house. My landlord didn't tell us about the foreclosure. I don't know whether to take the cash for keys option or wait for the court order.


Cash for keys? I'd take it, you'll feel better when you have a stable place to live.

I hear you but it was a low ball offer for the amount of rent I was paying. I am not going to accept $1k for a $2,200 a month house when I can stay in the house for a free month's worth of rent. I called the realtor because he said the bank is willing to negogiate and told him that I want my security deposit's worth ($2,500) and 30 days notice.

Heck make the bank a low ball offer, maybe they'll bight.

win333 said: bigdinkel said: win333 said: bigdinkel said: I am dealing with the same issue on my house. My landlord didn't tell us about the foreclosure. I don't know whether to take the cash for keys option or wait for the court order.


Cash for keys? I'd take it, you'll feel better when you have a stable place to live.

I hear you but it was a low ball offer for the amount of rent I was paying. I am not going to accept $1k for a $2,200 a month house when I can stay in the house for a free month's worth of rent. I called the realtor because he said the bank is willing to negogiate and told him that I want my security deposit's worth ($2,500) and 30 days notice.

Heck make the bank a low ball offer, maybe they'll bight.

Can't afford a home right now, I was splitting the $2,200 a month with 4 of my buddies. Don't worry it was a 5 bedroom house.

gatzdon said: Side note to landlords. Background checks have just become enormously important. No more renting to people with bad credit, because they no longer have anything to lose. Maybe even increase Security Deposit to something like 6 months.

Six Months? That would price most renters out of the market. I would wager even those of us with a six month emergency fund wouldn't want to tie it up in a security deposit- that defeats the purpose of an emergency fund. And it's a lot of money to lose if your landlord is a deadbeat/in over his head/gets foreclosed on/walks away/declares bankrupcy.

This article has a little more background on the story:

Plucky community group alerted sheriff to evictions

Some excerpts:

"Dart announced his office will quit carrying out evictions stemming from mortgage foreclosures until lenders start providing proof they have taken the necessary steps to identify who is living at an address and that those facing eviction have received proper legal notice."

...

"In the case of houses and condos that the previous owner was renting out, this careless practice has resulted in stunned tenants -- rent paid in full -- coming home from work to find their possessions on the curb. No notice. No opportunity to look for a new place to live. The same thing is happening with entire apartment buildings."

...

"Illinois law gives a tenant 120 days to move after notification in the event of a foreclosure. Dart said lenders and their lawyers should be required to provide affidavits swearing the required notice was given."

Apparently, what triggered the announcement was the case of a Romanian national who borrowed $1 million on an apartment building and fled the country. The court issued an order to evict the Romanian (who was long gone), but deputies tried to evict tenants who were not named in the order and knew nothing about it.

DiMAn0684 said: E. wants to see his name on CNN.com

And the dream comes true: Link

Xnarg said:
It's nearly impossible to get elected in Cook County without being corrupt. Some of the collar counties and suburbs are more reasonable.

But some day, maybe January 20, 2009, a Crook County corrupt politician may grow up to become president.

He'll be evicting again soon: linky