Cook County Sheriff Refuses to Evict

missypea · 10-09-08, 09:42 PM

Quote:

CHICAGO, Oct 9 (Reuters) - The sheriff of the third-most populous U.S. county halted evictions on foreclosed properties on Thursday, saying innocent tenants were being put on the street. But bankers said he was breaking the law.

Cook County Sheriff Tom Dart said he understood he was flouting the law in refusing to have deputies carry out the rising number of eviction requests, but said mortgage holders must be accountable.

"These mortgage companies only see pieces of paper, not people, and don't care who's in the building," Dart said.

"This is at the heart of so many of the problems we have nationwide now, which is the banks' lack of due diligence, this very cavalier way of dealing with properties and subprime loans," he said. "Doing very little research, saying 'It's just paper, let's just move it, move it, move it,' and that's what has got us here."

Dart, whose county includes the city of Chicago and encompasses 5.4 million people, said he believed he was the first sheriff in a major metropolitan area to take such a step. Chicago is the hometown of Democratic presidential candidate Barack Obama.

The Illinois Bankers Association trade group said Dart was ignoring the law and engaging in "vigilantism."

....... The moratorium on evictions applied to any home, apartment building or condominium facing mortgage foreclosure. Other evictions due to such issues as failing to pay rent would continue.

Illinois law was recently revised to require the owner of the property and mortgage holder to notify whoever lives there 120 days before an eviction is carried out.

UPDATE 1-Sheriff in Chicago halts foreclosure evictions | Reuters

Was the sheriff right to cease and desist on evictions?

Kernel Sanders · 10-09-08, 09:48 PM

Quote:

Originally Posted by missypea

UPDATE 1-Sheriff in Chicago halts foreclosure evictions | Reuters

Was the sheriff right to cease and desist on evictions?

Not at all. The Sheriff's job is to uphold the law. The law clearly states that if you can't pay for your house you can't live in your house. If the law unjust change it, don't ignore it and abuse your position

missypea · 10-09-08, 09:52 PM

Quote:

Originally Posted by Kernel Sanders

Not at all. The Sheriff's job is to uphold the law. The law clearly states that if you can't pay for your house you can't live in your house. If the law unjust change it, don't ignore it and abuse your position

The renters were paying their rent. The home owner was not making the mortgage payment.

Read the article again.

Kandahar · 10-09-08, 09:54 PM

Quote:

Originally Posted by missypea

UPDATE 1-Sheriff in Chicago halts foreclosure evictions | Reuters

Was the sheriff right to cease and desist on evictions?

No. His argument has some merits (and some problems), but he's in no position of authority to make that decision. If we're going to bail out mortgage holders (and we probably shouldn't...at least on a large scale) that kind of decision needs to be made by the federal government or state governments.

All this will do is destroy confidence in the Chicago real estate market, send real estate prices crashing, and make it very difficult for anyone to get mortgages for homes in Cook County.

Kandahar · 10-09-08, 09:57 PM

Quote:

Originally Posted by missypea

The renters were paying their rent. The home owner was not making the mortgage payment.

Read the article again.

Ah, I didn't see that part.

That sucks for the tenants, but I don't think the government can force the new owner to keep them there forever, if he isn't the one who signed the lease. I think that as long as they are given plenty of notice, the new owner has the right to evict them.

Kernel Sanders · 10-09-08, 10:05 PM

Quote:

Originally Posted by Kandahar

No. His argument has some merits (and some problems), but he's in no position of authority to make that decision. If we're going to bail out mortgage holders (and we probably shouldn't...at least on a large scale) that kind of decision needs to be made by the federal government or state governments.

All this will do is destroy confidence in the Chicago real estate market, send real estate prices crashing, and make it very difficult for anyone to get mortgages for homes in Cook County.

My apologies. I've seen this report a couple of times but did not pick up on that. While it changes my attitude towards the "victims" (tenants) because they haven't done wrong, but the law is still clear. If is unfortunate if your landlord defaults on his or her mortgage, but that doesn't give you the right to ignore the law and squat in the affected property. The bank lent the landlord the money to pay for the property. Since the landlord can't the bank gets the house instead of the money. If you come in and say that the bank can't have the house either, the whole mortgage thing kinda doesn't work. Unless you want the housing market become cash up front only, you support the evictions

missypea · 10-09-08, 10:19 PM

I agree with the sheriff and I hope he prevails.

Quote:

Dart wants banks that foreclose on properties to knock on doors and identify and notify tenants of the eviction notice before sheriff's deputies carry out the grim task.

Kinnaird said she would give the issue a thorough review, Patterson said.

I don't feel bad at all putting this on the bankers. Let the bankers go knock and the doors and give fair warning (120 days). Most renters would move within the 120 days. This would save countless man hours for the sheriff's department to attend to more important duties.

talloulou · 10-09-08, 10:37 PM

Quote:

Originally Posted by missypea

UPDATE 1-Sheriff in Chicago halts foreclosure evictions | Reuters

Was the sheriff right to cease and desist on evictions?

Well since the government bailed out many banks and they're supposedly buying up bad mortgages from banks I say **** 'em. Tell 'em to just wait. McCain is going to bail out the people. We're heading into the "anything goes" era.

jfuh · 10-09-08, 11:28 PM

I've mixed emotions on this.
On the one hand, were it me I'd make the same call, however it is not up to the Sheriff to make the call on whether or not to enforce or not.
In this case though, I don't understand why the tenants can't simply start making the payments to the bank for the time being - Their contracts have not expired so of course they shouldn't be evicted.

RightinNYC · 10-09-08, 11:32 PM

I don't care if he thinks it's the stupidest law on earth, the Sheriff has absolutely zero authority to refuse to follow his duties. If he doesn't want to do his job, he should resign or be fired. That would at least make some headlines for the issue.