Sheriff Takes Stand On Homeowner Evictions
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."
CBS/ AP "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."
Popular on CBSNews.com
- Port Authority releases photo of One WTC workers at dizzying heights
- Bridge collapse blamed on tractor-trailer 285 Comments
- Washington state bridge collapses 20 Photos
- Best U.S. beaches 2013 10 Photos
- No fatalities in I-5 bridge collapse in NW Wash. 141 Comments
- Frantic 911 calls reveal chaos in Okla., following tornado
- Clean-up efforts underway in Okla. 29 Photos
- Earthquake, multiple aftershocks jolt Californians
I am a LandLord and I aprove this Sheriffs message. If you feel any other way you must be a ''slumlord''.
Posted by landlord12 at 05:45 PM : Oct 09, 2008
From the article:
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.
This Sheriff needs to be giving a medal. With cities and counties becoming sanctuary cities, and unwilling to kick-out illegal immigrants, which is a slap to the law abiding citizens of this country, it''s nice to see that someone is looking out for John and Jane Doe of main street now-a-days.
Instead of the usual, help all others while the American citizen is told to buck it up once again, in favor to whom doesn''t deserve the extra help and consideration.
What a breath of fresh air!!
I agree, why punish the renters of the dwelling, when the owner of the property is at fault.
I see the mortgage companies are quickly to lay blame and fault on the Sheriffs decisions. (Calling him a vigilante) -- this is so far from the truth.
This is exactly why America is in trouble today -- Mortgage companies only see pieces of paper and not human occupation of the dwelling.
All I see here is pointing of the finger instead of a solution to the cause.
Come on big corporate mortgaged companies,, Look for solutions instead of your corporate greed -- I back the Sheriff %u201310000000 $%
Solution = If the renters are making their monthly payment to the mortgagee and the mortgagee is not paying the mortgage and is behind ,, get the renter to assume the loan with the original owners permission.
Oh yea --- I forget ,,,,, this takes a lot of time and paper work ..
It seems ,, that actually having to work as a mortgage company takes presentence over human welfare. ??????? Must be true!!!!!!!!
So the bank loans the money and then has to cover for the owner who is essentially embezzeling from them and the renter???
Wow! unbelievable! and many posters here fail to recognize the responsibilities of the property owner. Please someone tell me why the property owner is not even considered committing any wrongdoing in this situation.
So the bank loans the money and then has to cover for the owner who is essentially embezzeling from them and the renter???
Wow! unbelievable! and many posters here fail to recognize the responsibilities of the property owner. Please someone tell me why the property owner is not even considered committing any wrongdoing in this situation.