Sheriff Takes Stand On Homeowner Evictions

Chicago-Area Official Calls Orders "Unjust"; Directs Deputies To Stop Evicting People

(CBS/ AP)  An Illinois sheriff announced that he's ordering his deputies to stop evicting people from foreclosed properties because many people his office has helped throw out on the street are renters who did nothing wrong.

"It's a horrible injustice and we're stopping it," Cook County Sheriff Tom Dart told CBS' The Early Show Thursday.

Dart said that evictions in his region have increased three-fold in the past 18 months. "This stuff is insane," he said.

At a press conference Wednesday, Dart said, "We have to be sure that when we are doing this - and we are destroying some people's lives - we better be darned sure we're talking about the right people," Dart said.

Dart said he believes he's the first sheriff in a major metropolitan area to stop participating in foreclosure evictions, and the publisher of a national foreclosure database said he's probably right.

"I haven't heard of any other sheriff unilaterally deciding to stop foreclosures," said Rick Sharga, senior vice president of the Irvine, Calif.-based RealtyTrac, Inc. He said the sheriff in Philadelphia helped push a moratorium on foreclosure sales, but that involved owner-occupied homes and not renters.

Dart said that from now on, banks will have to present his office with a court affidavit that proves the home's occupant is either the owner or has been properly notified of the foreclosure proceedings.

Illinois law requires that renters be notified that their residence is in foreclosure and they will be evicted in 120 days, but Dart indicated that the law has been routinely ignored.

He talked about tenants who dutifully pay their rent, then leave one morning for work only to have authorities evict them and put their belongings on the curb while they are gone.

By the time they get home, "The meager possessions they have are gone," he said. "This is happening too often."

In many cases, he said, tenants aren't even aware that their homes have fallen into foreclosure.

This week, an attorney asked that Dart be held in contempt when his deputies did not evict tenants after determining they were not the owners and did not know about their landlord's financial problems.

A judge denied the attorney's request, Dart's office said, and Dart said that after talking to the Cook County state's attorney's office, he is confident he is on solid legal ground.

"My job as sheriff is to follow court orders, absolutely," he said. "But I'm also in charge of making sure justice is being done here and it is clear that justice is not being done here."

The state's attorney's office said it would not comment on conversations with Dart because his office is a client.

Foreclosures have skyrocketed around the country in recent months and Dart said the number of foreclosure evictions in Cook County could more than double from the 2006 tally of 1,771. This year the county is on pace to see 4,500 such evictions, he said.

Dart warned that because the eviction process on foreclosures can take more than a year, the number is sure to climb even higher.

"From all the numbers we have seen, we know (they) are going to be exploding," he said.

Sharga said there are more than 1 million U.S. homes in foreclosure - with about a third of that number occupied by someone other than the owner.

"That number will continue to get bigger," he said.

Dart said he believes banks are not doing basic research to determine that the people being evicted are, in fact, the homeowners.

He said that in a third of the 400 to 500 foreclosure evictions his deputies had been carrying out every month, the residents are not those whose names are on the eviction papers.

Nor, he said, are banks notifying tenants that the homes they're renting are in foreclosure. He added that when banks do learn the correct names of those living on foreclosed-upon property, their names often are simply added to eviction papers.

"They just go out and get an order the next day and throw these people's names on there," Dart said. "Whether they (tenants) have been notified, God only knows."

Evictions for nonpayment of rent will continue, Dart said, explaining that those cases already have gone to court, his office is confident the people being evicted are who the landlord says they are, and there is no question the tenants are aware of what is going on.

Dart said it's only fair for banks to give occupants of a foreclosed property adequate notice before forcing them out.

"You are talking about a lot of people in rental situations living paycheck to paycheck," he said. "To think they are sitting on a pool of money for an up-front deposit, security deposit, is foolishness."

[mellie1957]

I applaud Tom Dart for his compassion & understanding. Wonder if we could get him to run for President?

[hatesthecolt]

He sounds likehe has too much common sense to run for President~!

[lynnrey1]

I applaud the Sheriff. It seems to me that banks being what they are in the business of making money would rather have somebody in that property bring in money then leaving it abandoned where it can be vandalized while waiting for it to sell through a realtor or through auction. If the banks own the property anyway through foreclosure, and if they have decent tenants already in the home, they could make some kind of arrangements with the renters. Allowing for the renter either to continue renting the home allowing for suitable time to relocate or actually apply the renters rent to the mortgage directly. As for the sleazy landlords who do this kind of thing to hard working, poor innocent people tjey should be found and prosecuted spend a long time in jail, but on top of that they should be forced to live on the street like the homeless. As part of their punishment they should be required to find a job and maintain it while living out of a cardboard box, under a bridge, or in an old abandoned car with no heat or air so they can truly see what they%u2019ve done to others. Be force to take baths in public bathrooms or just do without. Spend at least a few days trying to figure out how their gonna scrape together enough money to feed themselves let alone a family.

[docpeter1953]

What a good and novel idea. I wonder how often a lanlord is facing foreclosure and a renter knows nothing about it, only to find out in one day that they are being evicted today.

If the landlord is facing foreclosure and has 120 days (4 month) notice, why not give the renter at least 90 of those days. Perhaps the renter may be able to purchase, or at least look for another place to live instead of being forced into homless.

[godseyesore-2009]

Good for him! We need more like him.

[markinga7]

Renters have very little political power compared to corporations. To think that a politician did the right thing out of compassion instead of political expediancy is great. This article just made my day!

[redbds]

Great decision on Dart''s part. Maybe we can get him to do something about ACORN''s activities in his state.

[gop_will_win]

Renters have very little political power compared to corporations. To think that a politician did the right thing out of compassion instead of political expediancy is great. This article just made my day!


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Posted by MarkinGA7
======================
He is a stupid dimwit liberal.

[mytoosense]

American Movie studios have been recreating old movies.

Looks like its time to do a remake of The Grapes of Wrath.

This time, while the Joad family are struggling to find decent paying jobs after their manufacturing jobs got sent overseas, they are thrown out of their apartment without notice. The problem with this version is where do they travel to for the bogus opportunities? Iraq?

[fornicario]

About time a person of authority lives up to the spirit of the laws he is sworn to enforce, instead of blindly following laws. America needs more people like him in authority, willing to balance common good against corporate greed.

[mswolfestock]

Sheriff Dart for President!!!!!

I''m really happy to see such caring, compassion, humanity, and intelligence coming from a law enforcement professional.

[hologram5]

Outstanding, a man of the people, for the people. Let the bankers ROT!!

[lost4words]

This is a man of honor. I bet he is hated by the right (you know the ones who preach "everyone for themselves"). We need more people like him in charge of things. God Bless you, Sheriff.

[pooltl67]

What a novel idea ... intelligence mixed with compassion! Maybe his example will catch on.

[thevicar1]

What a novel idea ... intelligence mixed with compassion! Maybe his example will catch on ------------------------------- Posted by pooltl67



Its called ANARCHY, and its been tried before with very little success...

[wolfear1]

He is a stupid dimwit liberal.
Posted by gop_will_win at 09:37 AM : Oct 09, 2008
______________________________________________________

Ya know? As a rule I try not to even dignify your comments w/ rebuttal but this one really kind of calls for it. Sheriff Dart is actually a Republican and a decorated officer. And for what it is worth is doing something that really is what America is about. He is helping those that have honestly nothing to do w/ what is going on above them. Looking out for the little guy and not for the highest bidder. Ya know GOP; I have to wonder about you some times. I mean what is your deal. Are you just a shut in that needs to have some sort of human contact even if it is negative? Maybe mommy and daddy didn''t hug you enough or somethign but seriously how in God''s name can you read this story and find somethign negative and liberal about it. Just a person in authority finally doing somethign right.

[thevicar1]

We need more people like him in charge of things. God Bless you, Sheriff ------------------------------------------------------ Posted by lost4words



...a Law Enforcement Officer who refuses to uphold the law...and you call him a ''take charge'' guy?

I used to wonder what the world was coming to...now I can read all about it here!

[mellie1957]

gop_will_win

What makes you so hateful? Sheriff Dart is my HERO for the day !

[lost4words]

...a Law Enforcement Officer who refuses to uphold the law...and you call him a ''''take charge'''' guy?

I used to wonder what the world was coming to...now I can read all about it here!


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Posted by TheVicar1 at 10:24 AM : Oct 09, 2008



Why are laws only applicable to the helpless? Shouldn''t your lawmen be arresting folks who''ve brought us to our knees and have destroyed our economy? ..or is that gonna put some of your beloved politicians at risk?

[fiteit1]

He is a stupid dimwit liberal.

Posted by gop_will_win at 09:37 AM

gop_will(not)_win, put yourself in someone else%u2019s position, I know that''s a stretch, but do it anyway. Your a single mother of 2 toddlers and you rent a house, you just dropped off your kids at daycare and caught the bus to work. You get done with your 9-hour day and pick up the kids and go home to find a few things left that you own sitting in the front yard and your key won''t work in the door. No money for a deposit, first or last months rent for a new apartment or house. You weren''t given any notice, just kicked out.

With your attitude I could only hope karma kicks you in the asssss!

Vote Dart for the Department of justice

[mytoosense]

What doesnt make sense to me is, If the banks throw out the renters when they take possession of the property, the property stops paying for itself until new renters are found.

I''ve heard that banks are having a real problem managing EMPTY properties.

Why not let the legal paperwork run its course while the renters continue to pay rent living on the property?

Managing Rental Property under forclosure for banks sounds like a possible new business opportunity.

[barbaraf4]

Sheriff Tom Dart is a man of integrity. He is also the voice of sanity in this chaos. God bless this man.

[thevicar1]

Why are laws only applicable to the helpless? Shouldnt your lawmen be arresting folks who''ve brought us to our knees and have destroyed our economy? ..or is that gonna put some of your beloved politicians at risk? ------------------------------------------------------ Posted by lost4words


Actually, a Sheriff is responsible for Law Enforcement at the COUNTY level, so it would be silly of ME to expect them to that job.

And, by the way, I personally havent had any ''beloved politicians'' of my own in quite some time.
I do harbor lesser and greater degrees of disgust for them, but they are ALL on my shidt list!

[sorhoho]

I usually don''t like to admit I''m from Chicago. This man finally makes me proud to be from a city where sometimes the politico''s do the right thing.

[lost4words]

Actually, a Sheriff is responsible for Law Enforcement at the COUNTY level, so it would be silly of ME to expect them to that job.

And, by the way, I personally havent had any ''''beloved politicians'''' of my own in quite some time.
I do harbor lesser and greater degrees of disgust for them, but they are ALL on my shidt list!


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Posted by TheVicar1 at 10:37 AM : Oct 09, 2008


So, I suppose what you''re saying is that kicking folks out of their homes in October is a priority over concenrating on the root of our problem. Am I reading you correctly?

I bet you if you were in the renters'' shoes, you''d be commenting differently.

[upto1947]

Good for him.

[mytoosense]

I usually don''''t like to admit I''''m from Chicago. This man finally makes me proud to be from a city where sometimes the politico''''s do the right thing.
Posted by sorhoho

I live 20 miles west of Detroit, when people ask where I live, I tell them a far flung eastern suburb of Chicago.

I Love Chicago, I am ashamed of Detroit.

[upto1947]

It has been done in PA. , and the banks could not do anything about it. They tried. HAHAHAHAHA. GOOD GOOD FOR HIM HE HAS MY VOTER. No I do not have a load. SO don''t even think about going there.

[navyjimfl]

this sheriff needs to be removed for not doing his job.....I guess he could also say liquor store stickups are ok this week.....we won''t arrest those guys....

[gop_will_win]

Ya know? As a rule I try not to even dignify your comments w/ rebuttal but this one really kind of calls for it. Sheriff Dart is actually a Republican and a decorated officer. And for what it is worth is doing something that really is what America is about. He is helping those that have honestly nothing to do w/ what is going on above them. Looking out for the little guy and not for the highest bidder. Ya know GOP; I have to wonder about you some times. I mean what is your deal. Are you just a shut in that needs to have some sort of human contact even if it is negative? Maybe mommy and daddy didn''''t hug you enough or somethign but seriously how in God''''s name can you read this story and find somethign negative and liberal about it. Just a person in authority finally doing somethign right.


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Posted by wolfear1
=========================
Dart is a democrat you lying liberal. Quit trying to smear us good republicans by calling your fellow socialists republicans and giving us a bad name.

[gop_will_win]

gop_will(not)_win, put yourself in someone else%u2019s position, I know that''''s a stretch, but do it anyway. Your a single mother of 2 toddlers and you rent a house, you just dropped off your kids at daycare and caught the bus to work. You get done with your 9-hour day and pick up the kids and go home to find a few things left that you own sitting in the front yard and your key won''''t work in the door. No money for a deposit, first or last months rent for a new apartment or house. You weren''''t given any notice, just kicked out.

With your attitude I could only hope karma kicks you in the asssss!

Vote Dart for the Department of justice



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Posted by fiteit1
===================
I am not a single mother with 2 children. I did things the right way and have 6 children with a husband. I do not have compassion for those who displease God.

[gospadina]

I support the decision Sherrif Dart has made. Even in war, one is not always expected to leave conscience behind to follow orders. Even if renters must leave their homes, surely they deserve notice. And just for the record I have been both a home-owner and renter in the last few years.

[trillion1]

gop will win, is a perfect example of why they won''t. Keep those attacks coming though. Show people what your party is really about.

[pensacola98]

The Sheriff has a heart and a conscience. When the lease expires, the renter won''t have a legal right to occupy the property. Foreclosures of properties that are have leases and occupants are better left occupied with cash flow and occupancy. In Dallas, Texas, during the Telecom meltdown eight years ago, crime went out of control as homes were vacated in huge numbers. The cities saw the crisis was best averted with allowing the properties to remain occupied in return for collection of taxes, until occupants secured employment and resumed their regular mortgage payments. Crime declined, the foreclosures were postponed, and many homeowners were saved from complete loss of their equity, and their homes.

Taxpayers fought hard to save their country, and now the country needs to fight hard to save the taxpayer!!

[mytoosense]

this sheriff needs to be removed for not doing his job.....I guess he could also say liquor store stickups are ok this week.....we won''''t arrest those guys....
Posted by navyjimfl

German Police enforced German Laws in Nazi Germany.
Would you praise these officers for enforcing inhuman laws?

Or would you say the difference is all their laws were unjust and all our laws are just?

The thing that irritates me most about conservatives is their sanctimonious belief that we live in a Black/White, Good/Bad, Right/Wrong World devoid of any Gray Areas.

[mellie1957]

gop_will_win

With such hatred in your heart I can''t believe you know our Lord. I just hope your 6 kids take after their father. I also "did things the right way" by working hard & contributing 15% - 20% to my 401K over the last 28 years. But, that money could be gone in a flash (about 40-50% of it is already gone because of this economic mess). Try to have some compassion, will you?

[gop_will_win]

gop_will_win

With such hatred in your heart I can''''t believe you know our Lord. I just hope your 6 kids take after their father. I also "did things the right way" by working hard & contributing 15% - 20% to my 401K over the last 28 years. But, that money could be gone in a flash (about 40-50% of it is already gone because of this economic mess). Try to have some compassion, will you?


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Posted by mellie1957
=======================
I will, just promise me you will vote for McCain. If Obama gets elected he will send all the good people like me to camps and burn us in ovens.

[easeup-2009]

Posted by gop_will_win at 11:36 AM : Oct 09, 2008

They''re just jumping right into the boat today!

[mytoosense]

Posted by gop_will_win at 11:36 AM : Oct 09, 2008

They''''re just jumping right into the boat today!
Posted by easeup

Yeah, Altoona Tina has run into a school of flying carp.

[gheemaster38]

gop_will_win,

5 or 6 kids,huh? Wow, I am putting 3 through college now and it is costing a fortune. I havent had to mortgage my house or anything. I just hope for your sake that you are super rich.. OR, you may find yourself or maybe your kids in the same boat hoping that a sheriff like that would intervene one day when they are facing a simular issue.With that many mouths to feed with prices skyrocketing I guess you are doing well. By the way, being a Republican doesn''t mean being Nasty and mean to others. No, I dont get that from any of the messages I hear from McCain,or Bush- or mostly any other Republican acqaintances. Now I do hear that a lot from trailer park trash that don''t have a pot to pi$$ in and a window to throw it out!!

[washrealtor]

What is being missed is the owner is collecting rent and not making the payments. They ought to find out where he lives and evict him.

[gop_will_win]

And did God just die and name you as judge of others, gop?
I am curious...What religion do you follow that does NOT teach compassion for others?
Actually, I don''''t even know or care what you all have been discussing, but this particular individual''''s self-righteous rantings really stood out. It''''s one of those "hmmmm" moments...if you catch my drift. Kinda scarey in a "Taliban way."


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Posted by sun247
=====================
I am just your typical average Christian.

[gop_will_win]

5 or 6 kids,huh? Wow, I am putting 3 through college now and it is costing a fortune. I havent had to mortgage my house or anything. I just hope for your sake that you are super rich.. OR, you may find yourself or maybe your kids in the same boat hoping that a sheriff like that would intervene one day when they are facing a simular issue.With that many mouths to feed with prices skyrocketing I guess you are doing well. By the way, being a Republican doesn''''t mean being Nasty and mean to others. No, I dont get that from any of the messages I hear from McCain,or Bush- or mostly any other Republican acqaintances. Now I do hear that a lot from trailer park trash that don''''t have a pot to pi$$ in and a window to throw it out!!


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Posted by gheemaster38
=========================
I am super rich. Since we offshored the manufacturing in the family business a few years ago, we have made a vast fortune.

[gop_will_win]

They''''re just jumping right into the boat today!


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Posted by easeup
=======================
I post at Hannity in the evenings. I just blend right in.

[gramto8]

About time a person of authority lives up to the spirit of the laws he is sworn to enforce, instead of blindly following laws. America needs more people like him in authority, willing to balance common good against corporate greed.
Posted by Fornicario

this sheriff needs to be removed for not doing his job.....I guess he could also say liquor store stickups are ok this week.....we won''''''''t arrest those guys....
Posted by navyjimfl

Sheriff Dart for President!!!!!
I''''m really happy to see such caring, compassion, humanity, and intelligence coming from a law enforcement professional.
Posted by mswolfestock


Fornicario and navyjimfl,
Sheriff Dart IS following the law. He is also trying to make the banks follow the law. The banks haven''t been doing so, as they haven''t been notifying the occupants of the foreclosed houses at least 120 days ahead of the foreclosure. They are merely adding their names, when they find out about them, to the notices AFTER THE FACT. The sheriff is protecting his constituents, not big business.

mswolfestock,
After seeing far too many posts on these boards where people ''mitch and boan'' about how evil and rotten ALL law enforcement officers, it is nice to see so many applauding Sheriff Dart and his efforts.

[easeup-2009]

Yeah, Altoona Tina has run into a school of flying carp.

Posted by mytoosense at 11:47 AM : Oct 09, 2008

The cool autumn mornings are always the best time.....

[easeup-2009]

I post at Hannity in the evenings. I just blend right in.

Posted by gop_will_win at 11:54 AM : Oct 09, 2008

I think I got hooked by your alter ego yesterday...I can''t remember what the name was.

[gramto8]

The name was gop_forever

[gop_will_win]

I think I got hooked by your alter ego yesterday...I can''''t remember what the name was.


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Posted by easeup
=================
Mrs_Premise?

[gop_will_win]

The name was gop_forever


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Posted by gramto8
===================
No, that name died weeks ago.