This is from the AP.
Residents of foreclosed properties in Chicago and other parts of Cook County don’t have to worry about deputies forcing them out. Sheriff Tom Dart says that starting Thursday his office won’t take part in evictions.
Here is a link to the story.
On the face of it, I am offended that the Sheriff in Cook County is refusing to do his job. And that is specifically and exactly what is going on here. I’m sure it isn’t fun… and I have accompanied Sheriff’s Deputies on a Foreclosure Eviction… but that is not the point. The point is that the mortgage holder has a legal right to repossess the property. The Sheriff standing in the way is breaking the law… that he has sworn to uphold.
But there is more to it…
I may be an unsympathetic meanie… but I am also logical. First of all, I can see that in the case of renters that have been making their rental payments on time… those that the Sheriff of Cook County is trying to protect… they are the victims. They did what THEY were supposed to do. The owner didn’t do what THEY were supposed to do.
But, as an officer of the court, the Sheriff NEEDS to be held in Contempt of Court and go to jail… that is what the “Rule of Law” means… If not for the Rule of Law, we have Anarchy.
But I think there ARE some things that CAN be done.
- I think that the owners/landlords of these properties that are taking the rental payments and not paying the mortgage are defrauding the tenents. And I think that they need to be charged. And jailed if found guilty. After a few dozen of these folks go to jail, there will be a shift in how landlords view their cashflow.
- There is NO reason that the Sheriff’s Office can’t determine if the person that answers the door is the mortgage holder (kick them out) or a renter (let them stay while a solution is found). So, why not kick out the people that aren’t renters instead of giving a break to people that can’t afford to live in the house.
- Banks are missing a BIG opportunity here. If there is a renter in the house, they should rejoice and cultivate that renter. They have two different options that would accomplish the goals of the bank and the occupant.
- Let them continue to rent, but pay the bank instead of the foreclosed former mortgage holder. The bank is getting income on the outstanding loan… They could even sell the property WITH the renter to investors. I would bet that there would be a whole new category of investors that would step up to take performing properties.
- Sell them the house. They are making their payments. they have shown a level of responsibility that the “owner” failed to show.
The point is that those solutions don’t violate the Rule of Law, nor do they further victimize the renters that are actually following through on THEIR responsibilities.
But, the reckless actions of the Cook County Sheriff fail to hold accountable those that are responsible. For that, and for breaking the law, he needs to suffer the consequences.