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."

[toolmangler-2009]

Posted by landlord12 at 05:45 PM : Oct 09, 2008



I am a LandLord and I aprove this Sheriffs message. If you feel any other way you must be a ''slumlord''.

[gramto8]

This guy will end up running the legitimate, decent landlords (who are making their house payments) out of business. That is the last thing this economy needs right now. By going on TV, I feel like this guy just gave the bad renters a free pass, no matter what type of landlord they have.

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.

[slim1h2o]

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!!

[shanemac11]

The sheriff of the third-most populous U.S. County halted evictions on foreclosed properties on Thursday.

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!!!!!!!!

[spredbury]

Why can''t the banks let the renters stay in the homes and the renters can pay rent to the bank. Everyone wins that way. The renters continue to have a place to live and the banks realize some income from the foreclose properties. Doesn''t seem link rocket science to me.

[ralan40]

What about the Property Owners???? they are the ones taking the rent money and not paying on their obligations. Delinquencies are communicated to the property owner.

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.

[ralan40]

What about the Property Owners???? they are the ones taking the rent money and not paying on their obligations. Delinquencies are communicated to the property owner.

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.

[landlord12-2009]

Not all landlords are bad, just as not all renters are bad. I am one of the landlords who, in spite of increasing property tax and insurance, has made every single house payment. My profit is down to nothing, but I cannot sell anything right now. If I evict anyone it is because they have not payed their rent. I am not adopting my renters and don''t expect to have to support them and I can''t afford to adopt them. The judge or magistrate determines if the eviction is justified and when it is granted I expect the sheriff to do his job........ unless he would like to make the house payments for me. This guy will end up running the legitimate, decent landlords (who are making their house payments) out of business. That is the last thing this economy needs right now. By going on TV, I feel like this guy just gave the bad renters a free pass, no matter what type of landlord they have.

[tnz650-2009]

The press is reporting on the wrong person. This Sheriff IS actually following the law by refusing to evict rental tennants without any proof that the laws are being followed. The real press reporting should be on all the Sheriffs that are kicking renters out when the banks haven''t been following the laws and therefore the Sheriffs aren''t following the laws. THAT should be the story.

[ElizabethsDad]

I think the banks are missing a golden opprotunity..... when they forclose on a house that has renters..... let them keep renting, or make them a deal to purchase the house...... at least this way they will continue to get money....... what have they got to lose.

[ElizabethsDad]

ok... just to get this straight..... It not that the banks didn''t notify the renters that is illegal.... it''s the actual eviction that is (without proper notification), so this sheriff simply said we (the sheriff/deputies) are going to stop breaking the law. When the banks prove they have followed the rules, then we will kick then out in the cold winter weather....

[lost4words]

Some seem to be missing this...

THE BANKS ARE VIOLATING THE LAWS!

The evictions he is now refusing to do are in fact against the law. The law says the bank must give the tenants, as well as the owner, notice of foreclosure before kicking them out. The banks are not doing this, and are sending the sheriff eviction notices anyway. And all across the country, law enforcement are ignoring the law, and just evicting these poor people, tossing their belongings out into the open to be stolen and vandalized, leaving them homeless without any notice at all to use to get a new home.

The law applies to us all - the rich banks, as well as to the renters.


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Posted by SusanHelit at 01:34 PM : Oct 09, 2008


Sue, your point means nothing to those who are posting comments in opposition to this sheriff. They simply hate the poor and minorities. They were fortunate to have inherited some money from their rich parents, or through a rip off business deal, or some kind of personal injury lawsuit, and they think that the rest of the community should simply go to heck. The law of the jungle is what they believe in ,and interestingly, that''s what got us into this financial mess !

[thevicar1]

I find it both refreshing and admirable that there are still some shining lights out there trying their best and doing the right thing ----------------------------------------------- Posted by IrishWench




TYPICAL LIB! Handing out praise and congrats when you find somebody who REFUSES to do the job he gets paid for!

[susanhelit]

Some seem to be missing this...

THE BANKS ARE VIOLATING THE LAWS!

The evictions he is now refusing to do are in fact against the law. The law says the bank must give the tenants, as well as the owner, notice of foreclosure before kicking them out. The banks are not doing this, and are sending the sheriff eviction notices anyway. And all across the country, law enforcement are ignoring the law, and just evicting these poor people, tossing their belongings out into the open to be stolen and vandalized, leaving them homeless without any notice at all to use to get a new home.

The law applies to us all - the rich banks, as well as to the renters.

[lost4words]

Figures it would be Cook County, Obama''''s home base. I wonder what other laws they are foregoing. Immigration? Drugs? Welfare fraud (I forgot, Cook County has never done anything about that)? You can bet that the outrageous minimum wage laws and all the anti-business laws like it will be enforced. Nice that the sheriff can pick and chose what laws he wants to enforce. Can I pick which ones I want to obey??????


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Posted by bob5ford at 12:38 PM : Oct 09, 2008


Quit connecting this to politics and get to the point. Tell us why we should disregard humanity by kicking mothers and children out of their homes and into the cold, winter weather, and since you''re at it, try to justify it !

[susanhelit]

Enforcing the law on the banks, the rich, as well as on the poor - I like it! The banks are violating the laws by failing to notify the renters, then using the sheriff to evict people illegally! Good for him for paying attention to the law! I think this is tailor made for a class action lawsuit too - how many people have lost all their possessions via one of these unlawful evictions?

[thevicar1]

This man is a saint! Thank God there are still compassionate people out there --------------------------------------------- Posted by CheeryBye



YEAH!
I sure hope that the next time I am in violation of County Ordinance, I get a Sheriff like this who will look the other way and decide NOT to enforce the law. It could come in handy!

[carolo43]

This sheriff is the ONLY Maverick I know. Good for him to sticking to his beliefs. Every one of these banks needs to rewrite the bad mortages they did and drop the interest rates so people can keep their homes.

Last I check, Senators represent the whole state not certain counties. So I guess Obama''s "home base" is the whole state.
I bet you might feel a little different if that was your stuff sitting on the sidewalk when you came home from work!
Perhaps this is the point where civil disobedience is necessary... if we never challenged laws like you suggest, we''d still be under British rule.

Last I check, Senators represent the whole state not certain counties. So I guess Obama''s "home base" is the whole state.
I bet you might feel a little different if that was your stuff sitting on the sidewalk when you came home from work!
Perhaps this is the point where civil disobedience is necessary... if we never challenged laws like you suggest, we''d still be under British rule.