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Illinois Sheriff will restart foreclosure evictions
I posted a while back about Sheriff Thomas Dart who decided he wasn’t going to process foreclosure evictions anymore due to some renters not receiving enough notice of the foreclosure.
Innocent tenants [will no longer] be victimized by an uncaring, reckless system.” Dart said.
One of his requirements: Banks must prove that they informed tenants of a 120-day grace period, which state law grants to allow tenants to find new housing before moving out.
It makes me wonder if Sheriff Dart considered that tenants not paying rent could quite easily lead to a landlord defaulting on a mortgage. I think the Sheriff needs to get back to doing what he gets paid for, and stop trying to define social policy and law.
That’s a big assumption you’re making.
Out here in CA I know of at least a dozen without counting hard or even thinking about it people who have houses rented out they are not paying the mortgages on – and it’s not because they don’t get the rents it’s because the rents don’t cover the mortgage anyhow and they need the money to try to pay the taxes or upkeep or HOAs or whatever.
Assuming the tenants are not paying and that is why there is a foreclosure is, in my humble opinion, not sound judgment. Perhaps the problem Dart found was that he was evicting people who WERE paying their rent and that made him think to himself that this was bad policy and bad law. I think it’s high time a whole lot more people started THINKING and not just “doing their jobs” as “doing their jobs” in a completely corrupt and screwed up system often means screwing the good guys for no reason other than that “it’s their job to do so”.
Hooray for Dart for having the guts to think for himself and for KNOWING THE LAW he is supposed to be upholding. If there is a law that says you need to give people time to move, then why NOT follow it? I’ll tell you why: because the banks, as usual keep thinking they don’t have to follow any of the laws they don’t want to. For instance; they all have their own sales contracts: why? Why does CAR allow banks to dictate to them what sales forms they use when everyone else has to use CAR forms in California? and why do realtors defer to banks for the sales price to offer a PRE foreclosure home at in the market place? It’s not the bank’s house until the auction has happened – so what’s the deal? How is an agent representing a seller in preforeclosure well by doing what the banks tell them to do? they should be forced to negotiate on behalf of the seller not cow tow to the banks.
But this whole country is run, owned and operated by the banksters and has been for nearly a century now – too bad more people beyond Rich Dad Poor Dad Kiyosaki don’t know their own history…
just my .02
October 26th, 2008 at 4:05 pmBecky,
There are some differences between CA and IL foreclosure, the biggest being CA is primarily non-judicial while IL used judicial foreclosure. It’s up to the judge who completes the foreclosure process to determine whether the foreclosure is proper, or a wrongful action under Illinois law. The sheriff’s only part is the actual eviction which is decreed by the court.
It makes a big difference.
October 28th, 2008 at 12:52 pm