Suit: Force Defiant Sheriff To Evict Woman

(CBS/ AP)  Diane Limas was already planning a protest as she walked out of the Cook County Sheriff's office.

She and other renters had wanted to meet with Sheriff Tom Dart to complain about deputies tossing people out of their homes because banks had foreclosed on their landlords. Dart was unavailable.

On Thursday, Limas was still marveling about Dart's announcement that he would no longer send deputies on court-ordered mortgage foreclosure evictions because many of those forced from their homes were renters who faithfully paid their rent.

"That he had the courage to do this was huge for us," she said. She said she was impressed that Dart was willing to accept possible legal consequences for his decision not to carry out court-ordered evictions.

Accredited Home Lenders filed a lawsuit Thursday to get Dart to obey an order that calls for the eviction of Shirley McFarland of Dolton from her foreclosed bungalow. In a statement, attorneys for the mortgage lender said although Dart may have concerns about the orders he is charged with enforcing, he cannot refuse to carry them out.

"It's a horrible injustice and we're stopping it," 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.

Dart met Thursday with a judge and offered several suggestions to ensure that tenants are properly notified they are subject to eviction and that banks correctly identify those who should be evicted.

"I've just been trying to come at the entire eviction process from an entirely different way, to take a horrific, traumatic event and make it less so," Dart said after the meeting.

It's an approach that sets him apart from other lawmen in the area.

"A court order is just that, it is an order by a judge," said Sheriff Keith Nygren in nearby McHenry County. "It doesn't say if you want to follow it or if you think you should."

Dart brought a somewhat different perspective to the job when he was elected sheriff three years ago. While most police chiefs and sheriffs can look back at long careers in law enforcement, the 46-year-old Dart has never been a cop.

A former prosecutor in Cook County, Dart was tapped to fill a vacancy in the state senate in 1991 and won an election as a state representative the next year. He served in the General Assembly from 1993 to 2003, and made an unsuccessful run for state treasurer.

Dart then joined the sheriff's department as Sheriff Michael Sheahan's chief of staff. When Sheahan announced he would not run for re-election in late 2005, Dart announced his own candidacy and was elected.

He quickly dispensed with a few of the trappings of the office. He doesn't have a security detail. He doesn't travel with a driver, unless he has several appointments. He declined to emblazon his name on department vehicles and signs - a typical practice among newly elected public officials.

His most pressing crisis as sheriff came during the summer, when federal authorities released a report criticizing his management of the county jail. The report cited unsanitary conditions at the facility, serious problems with the medical treatment of inmates and the physical abuse of inmates by guards.

Dart remains angry about the report.

"My major issue I had and still have is that it completely ignored all of the major and somewhat monumental changes we have done," he said Thursday, citing improvements in the dispensation of medication to inmates and steps to reduce inmate violence.

"I was treated as if I had done nothing since I got there," he said.

[eggy1620]

Posted by kevzgrl at 08:54 AM

Why is a 90 yr old woman who has been in her home for several decades not the homeowner?

[kevzgrl]

To Sheriff Dart: God bless you for being willing to say something isn''t right, and having the guts to do something about it.
Here in Ohio, we recently had a 90 YEAR OLD woman who was going to be evicted from the home she had been in for several decades, and the Sheriff''s deputies were on the porch hammering on the door to take her out- so she tried to kill herself, but survived the shooting. While she was lying in the hospital in critical condition, the bank said "Never mind - we will forgive the debt and allow you to keep the home the rest of your life" Now, ISN''T THAT SWEET - a bank with a real HEART. "Course the poor little old lady probably doesn''t have enough money to pay for her medical bills from the shooting, or for food or utilities or etc, etc, once she gets out of the hospital, but they won''t evict her, either.

[bks59]

in reality, the tenants are probably getting 30 days extension. 30 days is the typical residential lease, when there is not a written lease. in most states it takes a minimum of 180 days from the first late payment, the mortgage holders responsibility is to the property owner, landlord, who''s responsibility is to the tenant to keep them informed of a condition that may effect their use of the property. but since the landlord is not paying the mortgage they are not going to take responsibility to inform tenants, so i guess the landlords ought to be cited for fraud.

[x119x]

Have not seen a Public Official with "Cahunnas" in a long time it''''s refreshing and re-instills hope !

[x119x]

"By God !" He''s a real man in my book, the way I read it,he never said he wouldn''t evict, he just said the bankers and other lending institutions beware, improper notification means no Eviction NOW THAT IS THE LETTER OF THE LAW ! I''d vote for him for President probably. I have seen a Public official with "Cahunnas" in a long time it''s refreshing and re-instills hope

[rhs648]

Foreclosure notices have to be posted and tenants have to be notified of eviction, so either the evictions are illegal or the story isn''''t being reported correctly.

Posted by gmond

That was my thought, too. Every state has eviction and forclosue laws that must be followed. Some are stricter than others. If the sheriff is following the laws that is fine. If he isn''t, most local officials can be removed for dereliction of their duties. As is typical, the article is much like a soundbite. It seems to lack too many details which can be dangerous and misleading.

[rhs648]

Remember all that full size full color advertising featuring the smiling friendly face of YOUR banking professionals?

Well, here''''s the real banker. get ready to move into the dumpster out in the alley, cause that''''s where they intend to force you to go (at the point of a gun, if necessary!)when the LANDLORD defaults.

Yeah... my freindly banker.

It''''s time to get out the TAR & FEATHERS. The bankers are of bunch of gambling SKREWWS! Who have no problem sending out the cops to handle YOU.

Posted by a2s2d

Now that banks are loaning less out as they tighten credit, you may really have something to scream about when you can''t borrow for a car or a home and can''t receive additional credit cards. In fact, you may lose your job if it depends on making and selling products or services. Perhaps it is time to look for something safe such as teaching or working for the government.

[kaiyo4u]

Wow, a politician from the Chicago area (and Crook County to boot) that at first light seems honest!
Remember he was a prosecutor among other things before he bacame a sheriff, so I would imagine he has a better grasp on the laws than law enforcement (remember their job is to enforce what they''re told to do).

A lot of you have excellent ideas as to how this issue needs to be resolved and they are good ideas.

As far as lending practices, the bank has as little as ten percent of the monies they extended for loans, maybe less in some instances. This is called fractured lending and it is a typical lending practice of all our banks. That''s why a run on the bank will bankrupt it.
Say the bank has $100,000.00 in holdings, they can loan ten times that amount or a million dollars.
There''s a lot more to this, but I suggest you research it yourself.

Kudos to Sheriff Dart! He deserves an award!

[gmond]

IIRC, hell is h311

[gmond]

Foreclosure notices have to be posted and tenants have to be notified of eviction, so either the evictions are illegal or the story isn''t being reported correctly.