Sherriff in Illinois refusing to serve foreclosures

[MushyMushy]

http://www.cnn.com/2008/US/10/08/chicago.evictions/index.html?eref=rss_topstories

Yikes! I can understand that it's probably an extremely difficult position to be in, but isn't that his job?

 

[hentob]

I think he won't put out renters whose landlords took their on-time payments and didn't pay their bills.

 

[Galahad]

I heard about this yesterday. It makes sense actually. When we were stationed at Fort Bragg, we rented a house just off the post. We had a lease. Our landlord was not paying the mortgage but we were paying the rent. The law in N.C. was that you could not complete foreclosure when a renter had a lease and was abiding by the terms of it. So we actually helped the deadbeat landlord forestall his foreclosure. Within weeks of us moving out the foreclosure started (according to our neighbors).

 

[RadioNate]

I think he won't put out renters whose landlords took their on-time payments and didn't pay their bills.

He is making the mortgage company do their job. He doesn't want to use tax payer resources to investigate who is living in the house...renter or owner. He doesn't want to foreclose on people who didn't know their landlord wasn't paying the mortgage while they were paying rent.

Yes it is his job to serve foreclosure notices, however it is the mortgage company's job to make sure that notice goes to the owner not the tenant.

I heard about this yesterday. It makes sense actually. When we were stationed at Fort Bragg, we rented a house just off the post. We had a lease. Our landlord was not paying the mortgage but we were paying the rent. The law in N.C. was that you could not complete foreclosure when a renter had a lease and was abiding by the terms of it. So we actually helped the deadbeat landlord forestall his foreclosure. Within weeks of us moving out the foreclosure started (according to our neighbors).

Which I think is the law in Illinois too. And that is the sheriff's problem. He is serving notices where the lender is trying to foreclose anyway and is trying to stop that.

 

[MushyMushy]

He is making the mortgage company do their job. He doesn't want to use tax payer resources to investigate who is living in the house...renter or owner. He doesn't want to foreclose on people who didn't know their landlord wasn't paying the mortgage while they were paying rent.

Yes it is his job to serve foreclosure notices, however it is the mortgage company's job to make sure that notice goes to the owner not the tenant.

I totally understand that part of it -- but I took from the article that he's not going to serve any foreclosures at all.

I think this whole renter crisis is INSANE! Can you imagine living in a house, paying faithfully and then BOOM, you're out of a house. People where I live would be devastated. Rental properties are at a premium here. We don't have apartment complexes and it's so hard to find a house to rent.

 

[freckles and boo]

This isn't some small-town sheriff playing vigilante. I live in Cook County along with more than five million other people. If the lenders aren't doing their job, the sheriff's department resources are better spent in other ways. This actually raises my opinion of Dart.

 

[JPN4265]

This is part of the Sheriff's responsibility. Also, yes the mortgage companies should make sure the right individuals are served. But, I would bet the farm that eviction notices were placed on the door of the house in questioned and the renters just choice to ignore them. What will finally come about if this continues, the mortgage companies will start to refuse to make loans, because they will not have the legal right to collect on the debt owed them. Not a good situation, but they have to have the right to get the investment back.

 

[tinatark]

Process servers are getting paid to serve these papers.

The sherriff isn't actually physically evicting the people, just serving the papers - eviction is after foreclosure/court auction. Actually it's better that the renters do know their homes are potentially being foreclosed on, instead of finding out about it after an auction, when they're really evicted.

By law, they have to receive the same court action papers as the owner, anyway - they would be addressed to owner and xxx, tenant.

 

[Cindy's Mom]

He put a moritorium on ALL evictions. The judge in charge of the Chancery Division of Cook COunty (the Division that issued the warrant to evict), can't understand why he won't do all of them if his "cause" is for renters.

Dart hasn't responded (or to be fair, I haven't heard his answer yet).

 

[Cindy's Mom]

Process servers are getting paid to serve these papers.

The sherriff isn't actually physically evicting the people, just serving the papers - eviction is after foreclosure/court auction. Actually it's better that the renters do know their homes are potentially being foreclosed on, instead of finding out about it after an auction, when they're really evicted.

By law, they have to receive the same court action papers as the owner, anyway - they would be addressed to owner and xxx, tenant.

This may be true where you live, but in Cook County/Chicago, a process server serves up the foreclosure papers (that person is a Cook COunty Sherrif).

Now the homeowners goes through everything they can NOT to be foreclosed on and once they have exhausted every avenue of saving their home, the sheriff's office comes out again with "notice to vacate", they then have 120 days to vacate the premises.

If after that 120 days, they haven't vacated...the Sheriff's eviction unit comes and throws their stuff on the street. I've seen it many a time.

 

[C.Ann]

But, I would bet the farm that eviction notices were placed on the door of the house in questioned and the renters just choice to ignore them.

-------------------

Just out of curiosity, what makes you so sure of this?

 

[powellrj]

This just happened to my DDILs cousin. They were renting a house from another cousin and had no idea it was in foreclosure when they began renting the house. A few months later the sheriff comes knocking at their door to evict them. The sheriff gave them 10 days to find another house and move.

 

[BuckNaked]

If he can be fired (which I doubt), he should be. His job is to serve the eviction notices, not to decide whether the people deserve to be evicted or not.

 

[Kathi OD]

If he can be fired (which I doubt), he should be. His job is to serve the eviction notices, not to decide whether the people deserve to be evicted or not.

And every bank that doesn't follow the law for determining who is actually living in the home should be fined an amount that would make it less expensive to do the investigation they're supposed to do....say about $200,000 per eviction notice.

 

[BuckNaked]

And every bank that doesn't follow the law for determining who is actually living in the home should be fined an amount that would make it less expensive to do the investigation they're supposed to do....say about $200,000 per eviction notice.

Unless Illinois has a law against evicting renters, it shouldn't matter who is living there. They're renters, it isn't their house. If it's been foreclosed on, it's the banks house, and if they want to boot them out, so be it.

 

[Kathi OD]

Unless Illinois has a law against evicting renters, it shouldn't matter who is living there. They're renters, it isn't their house. If it's been foreclosed on, it's the banks house, and if they want to boot them out, so be it.

All I'm saying is that if the lenders haven't done their job of identifying who is living in the house, as they are required to do, then they should be fined.

If the renter's have a lease, and they are fulfilling the obligations of said lease, then I have a huge problem with them being "booted out," especially if they haven't received any prior notice to the sheriff just showing up at the door and throwing their stuff out on the street.

If the banks aren't doing their job, then they can't complain when the sheriff doesn't do his.

 

[BuckNaked]

If the renter's have a lease, and they are fulfilling the obligations of said lease, then I have a huge problem with them being "booted out," especially if they haven't received any prior notice to the sheriff just showing up at the door and throwing their stuff out on the street.

I see no reason why a bank should be obligated to terms of a contract to which they were not a party.

If the banks aren't doing their job, then they can't complain when the sheriff doesn't do his.

His job is to serve eviction notices - if he wants the state to go after the banks, then more power to him. But he should do what he was hired to do.

And based on his comments, it doesn't appear that he would evict people even if the banks were doing their job.

 

[Kathi OD]

Buck......not that you care, but I truly find it hard to believe you're as cold-hearted and uncaring about your fellow man as you come across on these boards.

 

[BuckNaked]

Buck......not that you care, but I truly find it hard to believe you're as cold-hearted and uncaring about your fellow man as you come across on these boards.

I'm a realist. Laws are laws, and often times, life isn't fair. It stinks, but it's true.

 

[Kathi OD]

I'm a realist. Laws are laws, and often times, life isn't fair. It stinks, but it's true.

See.... I knew deep, down inside, you're just a softy!!