In Illinois, does he legally have this option or is this a contempt of court in the making? Anyone know?
The topic headline is misleading. The foreclosures that his office is refusing to evict are cases where renters have been paying their rent all along, but the landlords have defaulted on the mortgages and the banks are foreclosing. To evict in these cases would be to toss law-abiding families out on the street, and this is what the sheriff is refusing to do.
Normally, sheriffs and their deputies will enforce the law even if it means arresting or shooting someone. It is possible, of course, that they have run into situations where, pursuant to “assignments of rents” tenants have been paying the mortgage holder, and are wanting to be sure they’re not evicting lawful tenants of the new owners.
On the other hand, it being Chicago, the sheriff might not want to see ACORN rowdies and other “community organizers” picketing his office.
In this case, there is a law on the books that states that renters have the right to be forewarned about eviction due to foreclosures. However, the banks are frequently not doing their due diligence (expecting the sheriff’s office to do it for them!) and they’re presenting to the court, in essense, fraudulent claims that they have notified everyone, and many of the worst judges are in housing court (well, we have to put the bad ones somewhere and it’s safer than family court or murder cases), so they have a perfunctory hearing, and the sheriff goes out and finds renters who’ve not been notified. From what I’ve heard him say, he will do a foreclosure if the lien holder produces documentation proving notification of all tenants along with their names etc.
The sheriff tried to get some legislation through this past session. He wanted, in the case of evictions, for his people to be notified if anyone being evicted had children or a special need so the sheriff’s office could bring along someone from social services to help them. The bankers even opposed that!
I’m a big fan of capitalism, but the IL bankers association does the best job of being the stereotypical mustachioed villain I’ve ever seen!
As noted above, the fine print is that he won’t do them without the renters beign given the required 120 days notice, per the law.
Headline doesn’t exactly match the facts.
I agree. In every state, people in possession of real estate are entitled to notice when their rights may be affected. In Chicago the requirement that tenants be given notice of the proceedings was reportedly routinely ignored. These developments give only a respite to tenants, as the new owners will simply evict them using standard legal proceedings.