Small Victory: Sheriff Dart (Illinois), No Evictions for Questionable Foreclosures


This small victory is due in no small part to the organizing and applied pressure of the Chicago Anti-Eviction Campaign which has been stepping up demonstrations and organizing eviction defenses in Chicago. For more information on the Chicago Anti-Eviction Campaign visit www.chicagoantieviction.org. Also visit the Take Back the Land Movement, which the Chicago Anti-Eviction Campaign is a founding and leading member of at www.takebacktheland.org.

Sheriff Dart: No Evictions for Questioable Foreclosures

Updated: Tuesday, 19 Oct 2010, 10:52 AM CDT
Published : Tuesday, 19 Oct 2010, 10:52 AM CDT

    FOX Chicago News

    Chicago – With three of the nation’s leading mortgage lenders admitting to questionable and perhaps illegal practices in mortgage foreclosures, Cook County Sheriff Tom Dart announced a moratorium on evictions involving those lenders.

    The sheriff said he will not carry out evictions involving those lenders until they can provide complete assurance that the foreclosure was done properly and legally, according to a release from the sheriff’s office. The moratorium is set to take effect Monday — giving affected banks five business days to respond to a letter Dart sent last week.

    It impacts foreclosure eviction orders filed with Dart’s office by Bank of America, J.P. Morgan Chase and GMAC/Ally Financial. Along with their subsidiaries, those firms make up about a third of the approximately 3,700 eviction orders filed with Dart’s office annually, the release said.

    In recent days, each of those lenders has admitted it is uncertain about the legitimacy of some foreclosure actions. Specifically, some employees said they never read foreclosure documents before attesting they had been verified. Though some lenders put a freeze on new foreclosures or those in the midst of legal proceedings, nothing was stopping eviction orders already given to sheriff’s deputies, the release said.

    On Monday, Bank of America announced it had reviewed thousands of foreclosure documents in Illinois and elsewhere, and will properly refile some foreclosures beginning next week — though Dart questions those already waiting for his deputies to execute or those already done.

    “I can’t possibly be expected to evict people from their homes when the banks themselves can’t say for sure everything was done properly,” Dart said. “I need some kind of assurance that we aren’t evicting families based on fraudulent behavior by the banks.”

    Dart plans to extend the moratorium to any other lending institutions which admit to or which investigators find engaged in similarly questionable practices.

    On Friday, Dart sent notice to attorneys for the affected banks that he wants them to provide an affidavit affirming any foreclosures they file in Cook County have been properly processed in accordance with Illinois law, the release said.

    Additionally, he is asking those banks to provide the same for awaiting eviction orders. That’s because legal proceedings generally take about two years from the time a foreclosure is filed until it reaches the sheriff’s office.

    Even after filing with the sheriff’s office, however, it takes about 10 months before a foreclosure eviction order is actually carried out. About 20 Cook County Sheriff’s deputies execute approximately 14,000 foreclosure and rental eviction orders in Cook County every year.

    Deputies will continue with other eviction orders and post notices on homes affected by the moratorium, the release said.

    Share this:

    Twitter Facebook Myspace Google Buzz Digg Fark More

    Send us news tips

    Loading comments…

    Problems loading Disqus?

    Willie J.R. Fleming
    Chicago Anti-Eviction Campaign
    NESRI/Campagn To Restore National Housing Rights
    USHRN/Land and Housing Action Group
    Chicago Hip Hop Congress


    "Look at yourselves. Some of you teenagers, students. How do you think I feel and I belong to a generation ahead of you – how do you think I feel to have to tell you, ‘We, my generation, sat around like a knot on a wall while the whole world was fighting for its hum an rights – and you’ve got to be born into a society where you still have that same fight.’ What did we do, who preceded you ? I’ll tell you what we did. Nothing. And don’t you make the same mistake we made…."
    Malcolm X

    In Unity and Struggle,








    %d bloggers like this: