Earlier this month, DSNews.com reported that a Cook County, Illinois sheriff had suspended all foreclosure evictions in his jurisdiction because of the growing number that involved renters. Since then, Sheriff Thomas J. Dart has agreed to resume foreclosure evictions after reaching an agreement with a local court that he says is “bringing sanity” to the eviction process and protecting “innocent tenants” from becoming the latest victims of the foreclosure crisis.
After discussions with the Cook County Circuit Court’s Chancery Division and Judge Dorothy Kirie Kinnaird, Dart said they have arrived at an overhauling of Cook County’s mortgage eviction process, ensuring renters are properly notified of actions against a property owner before an eviction is conducted. The additional foreclosure filing steps “not only protect tenants, but also taxpayers, who will no longer foot the bill for conducting due diligence investigations for the banks,” the Cook County Sheriff’s Office said in a press statement.

The new safeguards now in place include: – The bank holding the mortgage provide the court a detailed description of the building and name all its occupants at the time of the initial foreclosure filing. – Prior to the entry of an eviction order, banks must provide a date that bank representatives were last at the property for an inspection. – If the bank requests additional parties be added to the eviction order, the bank must first prove to the court notice of the foreclosure has been given to all building tenants. – Banks must also prove they informed tenants of the 120-day grace period, granted to them by state law, allowing them to secure new housing before moving out.
Dart also said that he plans to hire a full-time social worker, who will work with the evictions unit personnel to help those evicted find alternative housing and connect them with other community social services. In addition, Dart said he would expand his financial crimes unit to include investigations into mortgage fraud and hire a dedicated fraud attorney.
Dart suspended mortgage foreclosure evictions on Oct. 9, in the wake of repeated instances of banks failing to name occupants of a home at the outset of a case. Many of those banks did not account for renters who may have moved in after the foreclosure action had started or before the eviction order was actually entered. Many of those tenants dutifully paid rent, leading to great surprise when deputies came to their front doors with an eviction order, Dart explained.
Similarly, the sheriff in Genesee County, Michigan — Genesee Cty announced on October 13 that he was initiating a two-week moratorium on evicting renters to devise a “more humane” eviction process when it involved occupants that might not be the property owners. According to an online report by Workers World, the sheriffs of Oakland and Macomb counties, both part of metropolitan Detroit, are considering the same type of measures.