Auburn Alabama Area Real Estate Living

Interesting story Mara. One would think they would have to do it as part of their job description?

Mara...saw the same story. Did you see the comment from the spokesperson from the Illinois Mortgage Bankers Association? UNBELIEVABLE!!! He said the sheriff is in contempt of court! If these damn banks would just STOP foreclosing, bring the parties to the table and work out a deal, I just HAVE to think it would be much better! Understand there are situations where foreclosure may be the only option for the bank, but really, how many people WANT to be kicked into the street?

Mara, great story!  I hope he is able to stick to his guns!  The banks should be made to sit down with homeowners and with this crap out.  There has to be a better way.

I saw this on the news yesterday.  What a brave man!  I think the lenders have to come to their senses here.  I think it is time to restructure the loans where at all possible and not kick everyone out on the streets.

Hot Dog!!!

A real honest to goodness Anarchist with a badge. 

Puts one in the mind of the old western movies.  Cary Cooper is saving the widow from DJ.

Mara...

I disagree, It it the sheriff's duty and obligation to do the banks work for them, and the sheriff is derelict. We are a country of law, and when those charged with enforcing the law fail to do so, they are criminals. Just my $.02

Thanks for sharing the story, Mara. This is going to be interesting to see how it all plays out.

I think it is a good move. Because we only hear the news bash the subprime loan officers and the view of the people stuck in this situation is slanted to make out that they are somehow less than good normal people. The Sheriff is showing everyone that this can happen to any of us. There has to be some compassion and a solution unless we want to start seeing tent cities spring up all around the country. That would really be reminiscent of the great depression.

This is fantastic!! It is about time people stand up. I saw this on the news last night. If nothing else it is bringing much needed attention to a serious problem.

Mara-  I totally agree with what the Sheriff is doing..he is doing his job, which is to "protect" and serve.  The legal basis he is standing for is the 120 day notice that is not given to the renter.  Sometimes it takes a brave man to stand for the little guys- Lord knows the banks aren't going to do it.  Let them kick out a family with children onto the street.. maybe they can "loan" money to them for a new place to live.

That last no name comment was from me!!

There is definitely a lot more light on the issue today. He is definitely a guy that is willing to swtand up and say jus because its my job, I don't have to do it. I understand his point, but I hope that he is not making decisions as an air traffic controller at his next job.

The situation we are in is very complicated and I don't believe there is going to be a "quick fix" to it.  Hopefully, any new legislation will be thoroughly thought out and measures added to make those in charge of making decision accountable for their actions.

When I heard about Sheriff Dart on the news I knew we had a hero for the unsuspecting tenants who get evicted without doing anything wrong!  Hurray for this brave man who is standing up for what he believes is the RIGHT thing to do!

Bill - I think this may be a prime illustration of how any job description needs to be in proportion to its capacity for fulfillment. Seems like the assignment might be creating a workload that is logistically impossible with existing admin, finances, fuel & foot-power... Maybe the banks are so accustomed to paperwork and relying on these formatted systems that they have completely forgotten that it is PEOPLE who operate them and HUMAN BEINGS that they are displacing???

Thom and Ray - such a power trip, isn't it? Might as well enter Dodge on horseback and with holsters...

Susan - yeah, now that I think of it, cowboys & their boots really do kickassumptions to a new level of thinking... woohoo!

Joan - my sentiments as well. We need some interference, like lightning in the storm, to generate some new thinking for problem-solving.

Lenn - LOL! Thanks for stopping by. Clearly some of these systems are outdated, and continue to replay the tiring theme song  from 'the good, the bad and the ugly'...

Richard - BANG! BANG! Isn't it a job for all of us to care for one another with decency? It's hard to observe bankers and deputies fussing over who is to clean up the mess while CHILDREN are being turned into the streets. Is our lawful country becoming one that doesn't take care of it's children? If the Titanic was sinking, would you be more concerned as to how the systems malfunctioned or with preserving life in the moment of critical proportion? (Honest penny for your thoughts?)

Michael - Thanks for stopping by and for commenting. It will be interesting, and hopefully sooner rather than later.

Rob and Jeannie - I, too, think compassion is a key here... We need to think in some new ways for new answers to this old problem.

Cherimie - yes, nothing like a gunshot to get everyone's attention... like 'the shot heard round the world' of foreclosures.

Great Idea! Now, many can live rent free! Plus, why make mortgage payments? If you do not face eviction, why not live rent free? But, let's not stop here, judges should join in and anyone who is over extended should not have to pay under any contracts!

The sheriff's heart is in the right place, but his head is in another. 

The issue is that a large number of the foreclosures that he has been evicting people are actually renters.  Basically, upwards of 40% of the foreclosures are on INVESTMENT PROPERTIES in Chicago.  The sheriff is upset because he is going to evict RENTERS who don't know their landlord is in foreclosure.  The renters have been paying their rent on time to the landlord, yet they are getting evicted through no fault of their own.  He is saying the banks need to make sure that the person that is being foreclosed on is actually living in the home and that he isn't evicting innocent people.

The problem is that he is also giving a free ride to other people who are supposed to be in foreclosure.  If banks cannot foreclose on a property THEY WILL NOT LEND MONEY.  It is the property that is securing the mortgage.

The other thing this article points out if you read between the lines is how misleading this foreclosure "crisis" is.  The media makes it out to be all these little old ladies eating cat food being thrown out on the street when in fact upwards of half of all foreclosures right now are SPECUVESTORS.  You know the fry cooks (executive chef on loan app) making $20k a month using a stated income loan to buy five "primary residences" most of which happen to be in CA, NV, AZ, and FL.

Don't you just love people who stand up for what they believe.

Of course the issue is much more complicated.  I would like to see banks make more of an effort to help people keep their homes.  There is a home in the area I serve where the bank turned down a $925,000 offer on a short sale and now the same property is listed as a foreclosure at $800,000.  Does this make any sense?

Makes one feel good to know the guy is enforcing the law how he sees fit.

Guess one should hope that he never decides that he's going to shoot people who LOOK like they are going to rob a store...or maybe ticket every GM vehicle he sees because their stocks are down...or...well, I guess you get the point.

It's a nice thought, but no thanks, I like more stability than that in my law enforcement.

The more I learn about "our system" the more I realize that is works for those that know how to utilize it to their advantage.  When there are no reprucussions why not?  FREE RIDE for those smart enough to abuse it.

The more I learn about "our system" the more I realize that is works for those that know how to utilize it to their advantage.  When there are no reprucussions why not?  FREE RIDE for those smart enough to abuse it.

Mara, interesting discussion, but I think you are missing the point here. One comment about the sheriff having his heart in the right place but his head in another is right on. Let's look at what is happening to the renters - they are making their rent every month but the landlord is keeping it and not paying his mortgage. If the foreclosure doesn't happen, this continues. The only one making anything is the deadbeat landlord. The only one losing is the bank. Is that JUST? I am not talking about fair, I am talking about justice.

The only way to move forward is to go through the foreclosure process which includes "an assignment of rents." The bank can turn right around and rent the property to the same people living in it. Without the process, that doesn't happen. So, the sheriff is wrong.

Good for the Sheriff.  Interesting how you can take today's events and turn them into something good.  Finally someone who will stand up to the big boys.

So, who does the sheriff report to? County Commissioner? 

I would fire him on the spot for not carrying out his job.

What would happen if he decided that drunk driving laws are too harsh and started letting those people have a pass?

The sheriff has a personal grudge and should be man enough to get over it and do his job

These are COURT ORDERS!!!!

I am not sure what the answer is, but evicting a tenant without process seems totally unfair.  If I sell a home with a tenant, we have to follow the landlord tenant code and honor their lease.  There needs to be something to protect their rights in a foreclosure.

I have read so many stories where the tenant loses their deposits and some of the their rent payments.

Mara we have seen plenty of renters in Macomb County MI as well that have landlords not paying. In fact, we have turned some into buyers. However, if the homeowner is not making payments the bank has the right to take those homes back and there is procedure that has to be followed by law. These are non performing assets that need to get off the books. Sooner or later they will have to move.

Here in Michigan there is a redemption period of 6 months which gives the tenant time to move, so no one is getting kicked out in the streets.

Part of the problem too is that I bet the banks think many of these properties are primary residences as I am sure a large number of them involve occupancy fraud.

The foreclosure issue is a lot more complex than the media makes it out to be and it simply isn't just the Big Bad Banks kicking people out of their homes just for the hell of it.  The banks certainly can improve dramatically how they are handling the sitaution, but what people need to first accept is that if you don't pay your mortgage, you get kicked out.  It really is that simple.  All the reasons why you can't pay your mortgage are irrelevant. 

We have the mortgage products and low rates we have the ability go recoup their money on a tangible assets - the house through foreclosure if they are not paid back.  Once this ability goes away, borrowers will pay extreme premiums to get mortgages because high interest rates is what it will take to make banks risk their capital to lend UNSECURED.  At that point, it is like buying a home with a credit card.

This situation is unfortunate for the renters as there should be some procedures in place to protect them and their rental payments in case the landlord becomes insolvent.  If I were a bank, I would certainly try to find a way to work with the renter so I can keep getting the payments to apply to the landlords debt.

NIIIICE!

FYI:  I agree with Russ.  So many renters getting foreclosed on it is sickening!

Wow, I dont know what to day. Im going to take a look in to our own back yard and see what is going on in Virginia Beach and Hampton roads. Humm I think the landlords need to be help accountable for what they are doing to the renter. Im sure your going to see some renters owning the land lords primary home at somepoint

Alison Creamer
www.bzibee.com
RE/MAX Allegiance

I appreciate this discussion, and I'll return later to comment, Things never are as they appear, it seems. Why can't the renters continue to pay --to the bank-- instead of being evicted. It seems there should be some penalty for landlords not disclosing to their paying tenants that they have not used to rent money to even pay the mortgage. I'm not an advocate of free rent AT ALL. I guess I assumed they could continue paying rent to someone more responsible than the landlord...

Mara...

You asked for an honest response so here it is:

After all is said and done ... the law must reign supreme.

Do you really want ENFORCEMENT officers deciding when, how and whether or not the law should be enforced?

Do you want a police state. We are neither totalitarian nor Marxist, and everyone, even lenders are entitled to due process. Once due process has run it's course, the enforcement officer has NO DISCRETION.

This officer took an oath, and is using the police powers of the state to circumvent a court order, which is at least contempt and perhaps criminal.

Mara- I agree that unsuspecting, rent-paying, tenants getting evicted because the landlord defaulted on the mortgage is a sad situation.  But many of the commenters are correct in saying that the bank has the right to take the property back.

However, having said that, what I'm hearing from the sheriff is that many of these tenants are unaware that the property is being foreclosed on until the foreclosure team shows up at their door.  What I believe the sheriff is asking for is that the banks make sure that when the property is occupied by a rent-paying tenant, that the banks give the tenant sufficient notice of the foreclosure so that the tenant has time to find other accommodations.

I think that's only fair for all parties involved.

True but hard to imagine the guy showing up in the suit and tie with the nerd glasses on is going to force someone out of their home:)

Hello Mara,  Thanks for some positive news!  We need more today.

Mara -

I posted the story on our AR blog as well. 

Interesting comments and reaction here!  Indeed, what Mr. Dart is doing is clearly illegal - but can you imagine if other Sheriff's across the contry pick up on what he has done?  It would create unstoppable awareness.

Here in Chicago, and across Illinois, a push is on for legislation to protect renters who are victims of foreclosure.  Often, these folks aren't even notified about their impending eviction - here, only the actual owner of the property must be given legal notice.

Will keep you posted on this end!

DEAN & DEAN'S TEAM CHICAGO

Mara,  What a kettle of worms this one is.  Easy to side with the sheriff on this issue.  The banks need to get real about how they use the foreclosure system.

Finally at least someone is taking a stand.  Good for him, he made the news and made a point, more of us need to do the same!!!!!!!!

Mara - This is certainly a tough issue.  At this point, the sherriff has probably done all he can do to raise awareness and now needs to go do his job.  Many of these tenants are true victims and I hope that they receive retribution (unlikely) or at least qualified help in fnding alternative housing.

WOW! There must be a better way, but haven't we been saying that about a lot of things these days! It takes one person to make a bold stand sometimes to change the way things work. He is certainly at fault, but it does seem unjust to penalize the innocent bystander in this situation.

By the way.... WAR EAGLE! I graduated from Auburn, and so miss that town!

I understood this sheriff to say he would not throw out RENTERS until they had been given the legal 60 day notice.  Not that he wouldn't comply.  It's just two overlapping laws one for the bank foreclosure and one for tenant protection that don't go hand in hand.  If a tenant has been paying his rent and the owner gets foreclosed the tenant is still entitled to a 60 day notice, even from the new owner.

Mara, What a double edged sword! On one edge you have a sheriff not fullfilling one of his duties as sheriff probably since he is already overwhelmed with violent crime. On the other edge you have innocent renters and families being effected because of crooked land lords. I'm willing to bet those land lords are working the system for all it's worth. They know that foreclosure process can take a long time before they are actually caught up to. In mean time they pocket rent from unsuspecting tenants with no intention of making mortgage payment. Don't blame sheriff for not doing one his jobs or banks for making loan to some one. Go after land lord. They are the real culprits.

Nice!!! He stood up againts it

My grandfather was a deputy sheriff (many years ago in West Virginia).  He did the same thing.  He refused to kick a family out...

I never knew that story about him until after he passed away.

I mentioned to my grandmother that I met someone by the name of so-and-so, she asked me where this person lived...I told her .  My grandmother then told me how she knew who they were, and the story of my grandfather refusing to throw them out (it was even winter!)  It turns out the person I met was one of the youngest of the 8 children that the bank was trying to throw out into the cold.

Later, my grandfather left his job, and became a Federal Coal Mine Inspector.

Nice to know there is more people out there like my Dad-Dad.

He is a politician first and foremost. While I sympathize with the renters caught in the middle, the LANDLORD has the responsibility to advise their tenants of what is going on, not the mortgagee. These landlords LIE to the lenders and do not disclose they have rented the property so the bank will not get the rent money. Read your mortgage - if you go into default the bank has the right to any and all rents. They LIE to their tenants, keep the deposits, and do not live up to their responsibilities.

I have had the misfortune of assisting sheriff's deputies in evictions of all kinds. It is not pleasant. We ALWAYS made some arrangements for temporary housing and people were given plenty of notice.

Don't blame the banks for following the law. Banks are not big buildings full of money. They lend other people's money (people like you and I). Pension plans, IRAs, and individuals have their retirements tied up in these bad loans and the banks have a legal obligation to recover whatever they can as quickly as possible. I am surprised how many people forget that behind every foreclosure, a human being is losing their money.

Thanks to Fannie and Freddie, and the corruption and greed of their management, we are all going to suffer for years. Perfect example of how when people put their trust in a few gov't bureacrats, they will always fail.

Don't blame the banks -- blame the homeowners not paying their mortgages and renting these same homes out and collecting rent. Key words here on refusing to evict is "Refusing to Evict Tenants" that do not know the home is being foreclosed on in the first place.

We have the same problem with owners not paying mortgages and collecting the rents from unsuspecting tenants here in Las Vegas.

The easy solution for tenants in Las Vegas to check if a homeowner is not paying their mortgage is simply by calling the Clark County Recorders office and seeing if a notice of default has been filed on the property. It's a free service and it sounds like Cook County needs to be educating tenants the same way and providing a service so the tenants are not duped in the first place.

Refusing to evict unsuspecting tenants and throwing them out on the street is a good temporary solution until Cook County can figure out what they are doing (yes I know... that alone is a bureacratic nightmare with Chicago politics).

If banks can't get non-performing assets off of their books then this severely hinders them from doing new loans and that's not good for anybody.

It's very unfortunate that it's all come down to this but the banks are just following Illinois law.

I wish the banks good create resources or personell to interview the hundreds of tenants in these properties and see if they might want to buy their rental houses from the banks, taking inventory off the market and making some well deserving tenants homeowners.

Mara:

I have to agree with Russ and Fred here. I agree that the poor renters who were going about their business paying their rent on time, having no clue as to what was going on in the background, should be protected. Makes you think we should be reviewing and changing the language on these lease contracts to protect the renter in this circumstance.

There are many people who obtained loans stating they would be owner occupied, so they could get lower interest rates. Banks should make the best of a bad situation and have some money coming in from these rental homes after they foreclose on the landlord.

We will contine to see stories and issues like these come out of the word work as everyone muddles through this mess. Stay tuned!

Peter Vekselman

Paul - I completely agree that tenants need to be more proactive about learning more about who they are renting from.  Before renting a home, check out the landlord first and make sure that the property isn't in default and/or foreclosure and yes, somehow, the community needs to start educating renters/tenants about how to be more proactive.

Secondly, for those renters/tenants who are being more proactive, before signing that rental/lease agreement, request that an escrow acct be set-up where the rents can be sent and the mortgage paid.

Mara, Congratulations on your feature and finally some good news.  I think it's wonderful that the Sheriff took a stand in trying to help people and I hope he does.  I see a lot of conflicting opinions but I see this as a way to actually DO something!

Mara,

   I respect the Sheriff's frustration with events in his area and his determination not to create a huge group of displaced families. It seems like eviction in Albany may work differently then here... 

   I think that one of the missing pieces may be that here,  when a potential foreclosure is announced it is posted in the newspaper for at least 2 mos. prior to the actual proceeding.  Usually this notice is also sent to the owner at their most current address and then physically posted on the property with a contact number. (Here in Oregon it would be  for the trustee in Oregon.)  Even after the property forecloses it takes 10 working days for the deed to be transfered via "truste sale" back to the bank and then they may begin with eviction procedures if necessary. Usually, if eviction must occur, a representative for the Bank or Note holder can negotiate with the current occupants to leave prior to actual eviction for a nominal fee.  The fee is in theory supposed to offset the expense of renting elsewhere and will only be paid if the property is left broom cleaned and undamaged.  I have also had instances where the bank has determined that having the property occupied by tenants is better than noone and they have maintained a short lease period whether to allow the tenant time to relocate or guarantee some care of the property continued.  Not that this makes anything better for the unsuspecting tenants, but just thought I'd share.

I saw it on the news last night! He's the modern day version of Robin Hood. What a great guy. He's right too. Why should the sherrif/police do the banks job of evictions.

The banks should be paying for off-duty police to do evictions anyway...or paying someone rather than the tax payers paying!

Mara... this is a very interesting stand the sheriff has taken here. I just heard a story yesterday where a off duty officer was paid $25 per hour to meet an agent for eviction.

Maybe I'm a little slow but I don't quite understand... A tenant moves into a home, makes a monthly RENT payment and then the owner of the property does not make the payments yet the bank is supposed to let the tenants continue living there? I understand giving someone 30 day notice to vacate (which most of our leases have in them) but just not evicting? Maybe we do things a little different in Texas but the people holding the notes on these properties - their assets - should not have someone living in them for free.

Mara, I could not disagree with you more...  It is the Sheriff's job.  He is both a law enforcement officer and an officer of the court.  If he doesn't want to do the job, that is fine, he can resign... but to just refuse to do it is flat out wrong.  I actually wrote a post about it a couple of days ago.

I understand the reasoning... but the logic is flawed.  In essence, he is saying that they can't determine if the person that answers the door is the owner or a tenant.  I don't know about up there in Chicago, but here the Deputies can all read, and most people have ID... they can figure out the vast majority. 

Instead, while there are no doubt some that are renters and not getting proper notice, there are also undoubtedly more that are "owners" and getting a free ride. 

I do think that there is some middle ground, and it is up to the banks to implement on their own.  I talked about it in my post. 

Just think for a moment if we decided that we didn't need to do all of the aspects of our jobs because we didn't agree with them...  As the law keepers in a country that operates under the rule of law, it is simply unacceptable for them to refuse to comply... and deny the rightful owners their property.  In fact, it is unconstitutional.

Really great discussion you have going on Mara. Good job.

Tenants getting evicted from a property that has just been foreclosed on is a HUGE problem in my area as well. The easiest solution would be for banks to have to honor the lease or at a minimum give 30 to 60 days notice to vacate to the tenant.

The sheriff is wrong. He is over stepping his authority. BUT I do commend him for taking a stand. Maybe it will help to bring attention to big problem and help get some laws or guidelines in place.

I heard this headline on the radio and was glad to hear there's someone in public office who actually cares about people in his community. Legal or not, I give the sherrif credit.

San Diego - We'd collapse without the contracts! But the way most are written leaves the renter to only ASSUME that the landlord will actually be paying the mortgage. Nothing should be assumed in a contract, especially common sense.

Russ - I appreciate your comments. I hadn't heard of SPECUVESTORS. They sound like grown children who should know better. Hopefully, NO ONE is getting a free ride here... no, that's not right at all. I do feel for the heart of the matter...that's just how I get started, but I also understand that a system has to function without exceptions or the whole societal structure weakens... The system, I think, needs to be strong enough & efficient enough to work with and resolve the issues that arise, and it seems that the existing plan for the execution of the laws, might need some revamping.

Pam - that's just crazy about your local bank turning down a $925,000 offer! There isn't any simple solution, but I trust there IS one... we just need to re-think a few things and adjust.

Ron - I think some Texas law enforcement could really help straighten things up in the midwest. Theoretically, I agree that the sheriff gets a low score on job performance. But do you think the system was designed to handle 4700 foreclosures? Maybe there should be an "emergency" clause in the system that allows for some provision of funds and manpower, once a maximum number of foreclosures is reached...We have a lot to be grateful for in this country, to HAVE enforcemtn of the law. (It's not everywhere in the world!)

Chad - It does seem like there will always be those few bad apples that abuse the system, but we can't lose sight of the ideal model that is was patterned after, and supporting that.

Fred - I appreciate your comments. You refer to "One comment about the sheriff having his heart in the right place but his head in another is right on." This might be viewed as the sheriff being partially right...?? (Instead of entirely 'wrong')?  Maybe it was a wrong move in the right direction... or vice versa.

Audrey - I think what he did strikes an archetypal chord in many of us, that relates to the superhero... Mighty Mouse, on his way to save the day.  

Tom - But who can even DO the job of 4700 foreclosures? It seems that a system needs to be re-vamped to accomodate that quantity. Theoretically, I agree with you. But if, let's say, 5000 people were arrested in the town for drunk driving, just where could you put all these people while they awaited 'due process'?? I'm just saying that 4700 foreclosures is a critical mass.

When I heard this story on the news, I couldn't help but think this would be a really good time for housing to experience a "time-out" on foreclosures.  If Congess, the Treasury, the FED can act regarding sectors of the economy that are in distress, it certainly seems they could declare a moratorium on foreclosures long enough to try to get a handle on things to help many of these folks stay in their homes.  I realze not everyone may be saved. But I think with things as they are, it is demonstrating a lack of humanity - and that reflects on what America is. .

Mara, We wonder why our kids hve no respect for the law. H... we wonder why we don't have no respcet. If the law can't or won't enforce the law then why should we expect the citizen to obey the law. One wothink that next thing this law breaking sheriff will do is not enforce eviction either. Only in Chicago  right. Say some of those lein holders are indivisuals that are owner financing, would it be the same.

Randy - Thanks for commenting here. I, too, just think it needs to be FAIR to all concerned parties.

Ed and Cindy - Sounds like a working system where you are. Thanks for your comments.

Russ - But when you're collecting rent from your tenants to pay your mortgage---and you don't pay your mortgage -- THAT's a big problem.

Renee - Thanks for stopping by and commenting.

Alison - I appreciate your comments. You bring up an interesting speculation!

Richard - I appreciate your comments, and you sound like a clear thinker with polished qualities of leadership... Any company, I'm sure, is fortunate to have someone like you at the helm. I absolutely would NOT want ENFORCEMENT officers deciding when, how and whether or not the law should be enforced?. This would be disastrous. I saw this firsthand when I lived in South Africa, where the lawlessness was rampant!  We are so fortunate to have law enforcement in this country... I'm not sure what the answer is, but there seems to be a problem that can't be ignored at this point.... 4700 foreclosures...??? I'm sure there's a whole lot more to this story.

Mara,I love it!  If every state did this...how great would that be? I have to read the full article but your portion is fantastic. I just hope it catches on.

The Sheriff should be arrested for contempt of court.  Sheriff is an elected position and he is elected to uphold the law.  He is essentially disregarding the law and trying to do things his way.  He gets an A+ for trying to help, but an F for job performance.

Mara, How cool is this? It is about time that the banks did their own dirty work...

In a nation of laws it is o bad tha one who has sworn to uphod the lw can refuse to. And et, a part f me says " You go LoneRanger".

That's great - the only problem is it just delays the process. Fixes nothing!

Tina - There does seem to be a deeply embedded ethical conflict...wrestling between loyalty and Truth...some seem to adhere to a law considered "higher" and superceding human laws, yet our laws were derived from a higher governance (ie 'One Nation, Under God')... so there is a lot to be said for their reliability and soundness, and if we stray from that structure, well, this is what happens...

Ron - I know exactly what you mean. It's a point that needs to be made, but at the same time, his action has compromised the purpose of the office he holds. Is this what happens in a "crisis"?  Remember Katrina... the established systems weren't much help at the time, being disprortionate to the critical demand.

Laura - No quick fix, for sure. These complex issues require deep listening on all sides, don't they? The human heart has such a capacity to integrate wisdom... (and WAR EAGLE! :-)

Susan - The effect of his move does seem to be like an unsuspecting alarm going off...a needed wake-up call, and maybe a call for some reformation to be able to handle the tsunami of foreclosures at the moment.

I like Laura Sellers Response - this is a very complicated situation - One thing I will say for this extreme response, it's bringing visibility into the absurdness of the situation...  Digging out of this is going to be massive!

Donne - You bring much wisdom to the doorstep. thank you for your comments.

Bill - Please send that suited up, nerd-spectacled guy to MY door so I can ask him to revamp my computer with Firefox. (But you are right, knocking on doors like that can cause unexpected reactions. Very sadly, one landlord in Columbus, GA, last week, was trying to evict her non-paying tenants, and they killed her! So, yeah, armed SHERIFFS seem to be needed for this job. The overwhelming number of foreclosures is causing a diversity of new problems.)

Marian - Thanks for stopping by. There really is some GOOD news EVERYday, but most of it isn't broadcasted and it's certainly not in mainstream media.

Dean - You bring GOOD NEWS from Chicago, with regard to the "push is on for legislation to protect renters who are victims of foreclosure"... and I guess the AWARENESS factor is what I thought was important at this bottleneck point. Keep us posted! (And hello to the Windy City from a native :-)

Bill - and in a way, it's just that simple... the banks need to recognize that this problem is out of control and needs some attention NOW. Seems it's a time for all concerned parties to pool their resources and think tanks and 'may the Force be with them' all together...

Kathy - Thanks for stopping by and joining this discussion. It's so interesting, to me, to hear so many different perspectives and feel respect for everyone's varied points and places of understanding. At the end of the day, though, the law needs to prevail, or we'll all sink.

Erik - They need to solicit you for the task force. Bravo!

Leigh - WAR EAGLE! back atcha. Thanks for stopping here, and I appreciate your Auburn spirit!

Tammy - You remind us that there is so much more to understand about the story. I hope they get the help needed to get things moving/processed/resolved.

Dave - a double-edged sword is a perfect image for this situation... one must be a warrior of wisdom

Nelya - Thanks for your comment

Ruthman RE - There are real heroes, like your grandad...what a wonderful legacy he left. Truly, the motive is an essential factor for the action... Sometimes, in imitating heroic efforts, we apply a right idea to a wrong situation--- which is what I think some of these commentors are keeping in front of us. These situations call for discerning measures, and, I do understand that, when a person is holding AN OFFICE and representing THE PEOPLE, it's an elected responsibility, and  it can be a danger zone to attempt what might appear as a more personal vendetta. Shucks...

Phil - I think I get your excellent point. He IS a politician... and can't afford to be careless... if, in fact, that's how his action will ultimately be viewed as. Serving eviction notices has got to be incredibly challenging. I'd never be able to do that, because I get too invloved in people's personal stories. That's why the world need EVERYone, because noONE is good at everything, but EVERYone is good at something...I appreciate your comments. thanks for stopping by.

I applaud his courage to stand up to the banks.  NowI hear he's being sued for his decision.

Paul - I appreciate your comments so much. And you are evidence that there are creative thinkers in the industry that can offer real solutions. I think Cook County needs you!

James - That would be ideal, although if the renters were in a position to buy, they probably wouldn't be renting in the first place. Thanks for stopping by.

Peter - Part of the solution might be, as you say, "to be reviewing and changing the language on these lease contracts to protect the renter in this circumstance."  I'm all for spelling things out, especially on a contract, where NOTHING (especially common sense) should be assumed. Thanks for commenting.

Donne - we can't be educated enough... a lot of renters might not be too savvy about the bigger picture, so it would benefit the situation greatly if certain things had to be disclosed to them, giving them a "due diligence" time to understand the risks.

Carole - thanks for the yin/yang perspective :-)

Cat - Sounds like an efficient system is in place in Oregon. Cook County might benefit from a model like this one. I appreciate your comments.

Dane - and of course Robin Hood is going to be admired. As I mentioned earlier, however, a right idea may have been applied to a wrong situation here, in light of the sheriff's political responsibility...hopefully the good motive won't be tossed out with everything else, and Camelot will return.

Roland - a resourceful solution!

Susan - My understanding is that it is the people holding the notes---and collecting rent from tenants--- that are defaulting on the mortgage, and then the paying tenants are evicted, even though they have paid the rent! It's confusing for them because they feel treated like criminals and, essentially are the innocents caught in the middle.

Lane - Hopefully we can reach the middle ground with more understanding and more effective ways to deal with this problem. I appreciate your comments.

Bryant - Thanks COACH! :-)

Kristen - you're in a popular camp, but the other one isn't budging... I think it's time we all just roasted some marshmallows...

Myrl - I really like that "time out" idea... at least it worked with the kids... I appreciate your comments.

Charles - I don't wonder too much about the kids... I understand the frustration of feeling the pressure to conform to things that don't make sense and cause needless suffering. They seek a world that makes sense. What is the sense of 4700 foreclosures in one county and nothing changing or seeming to improve? It seems that TODAY, not tomorrow, matters most to young people. They've grown up with the daily anxiety of world and school disaster possibilities... TODAY matters, and, for a lot of them, TODAY hurts.  I appreciate your comments.

Gina - that might get some needed attention! Hopefully, some solutions will be implemented pronto!

Contempt - yeah... he probably needs to return for the summer school program.

Michael - that was my initial response as well... a lot of perspectives and points have been brought up here, though, and the situation truly deserves some deeper thinking

Ron - I know... it's like an internal gunfight... the hero/warrior against the establishment... we all can relate to that on some level... just that it's often better material for movies rather than real life

Richard - Can we liken the "delay of process" to construction work on the Interstate? Everone driving IS delayed, but the long-range work is beneficial for the growth...??? There just seems to be a bottlenect of 4700 foreclosures.

Marcia - Thanks for stopping by and commenting. It's complex, for sure.

Diane - Everyone has their assets and also their pitfalls... Isn't Life wonderfull?

I didn't read the story, but it was the buzz in a conversation I had with a few bankers. I think it's great. About time someone took a stand. Hats off to the Sheriff.

The law is not always right. That's why laws get overturned.

I don't believe the Sheriff is in contempt of court. I could be wrong of course but keep in mind; new precedence is set daily in cases.

I believe he is doing what he, and only he, is in the position to do: Civil Disobedience. The tenants have contracts to rent and are paying as agreed.

Perhaps the banks should allow the tenants to stay and garnish the rent. If they are foreclosing on the houses...then they are the new owner so buy out the contracts or let them stay. What good will the houses be to the bank if there is no income and fat chance of selling in this market?

Mara, I guess with the workload, the sheriff's department has more important things to work on than evictions.

The Sheriff's actions help call to attention the extent of the problem, as if we did not already know.

Obviously something needs to change here, but the sheriff has a job to enforce the law, not make new ones. 

A lot of controvery  I see - well.........personally I was awed by his stance.......and to me heroes sometimes do break the law........although I certainly don't advocate that........I guess the alternative for him would have been to quit?

There is a middle ground... but this isn't the way.  It would be like the police saying that they aren't going to pursue ANY speeders because some might be in a hurry for a good reason.  People would choose to speed knowing they could get away with it. 

All I can say is YEA!!

I wonder whats going to happen with this case... that's a lot of cases from one Sheriff... when would he find time to do all the other duties?

Hey Mara.  I wanted to thank you for checking out my blog on "Sharing my success...." the other night.  I wanted to return the favor and see what has been going on in your world.  This bolg particually grabbed my attention being that I am in the mortgage industry.  I heard about this guy last week and think what he is doing is great.  I too think that if banks and mortgage companies are going to go through the foreclosure process they need to do the due dillgence to see who and what is going on.  Good for him, and good for you for sharing the info.  We are in uncharted waters and as long as we stick together we, and our country will come out of better than ever.

JD Terry

Mara,
The sheriff is a hero in my opinion and I agree with Chuck if he did do the bank's work, when and how would he protect the people in his area?

It is great when a person takes a stand and acts upon it when they believe strongly in something. This is all over the news and heopfully will get the notice of enough people so that changes are made quickly.