“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
5th Amendment – United States Bill of Rights
The Sheriff of Cook County, Illinois released a statement indicating that he would not execute forecloses on home owners without assurances that the foreclosure was processed “properly and legally.”
The announcement by Cook County Sheriff Thomas Dart comes after weeks of damaging accusations of shoddy paperwork that may have caused some people to be illegally evicted from their homes.
“I can’t possibly be expected to evict people from their homes when the banks themselves can’t say for sure everything was done properly,” Dart said in the statement.
“I need some kind of assurance that we aren’t evicting families based on fraudulent behavior by the banks. Until that happens, I can’t in good conscience keep carrying out evictions involving these banks,” he added.
Source: CNBC
As Karl Denninger pointed out in his latest Ticker, it’s an election year. Will the sheriff you vote for enforce the rights of the people and due process, or will he(or she) enforce the will of the banks?
A good man to have in your fox hole.
Shameful pandering for votes or approval. Why would the sheriff believe he should not serve the eviction notice from the judge? Is he smarter then the judge? Should the sheriff decide all cases and the hell with judges? What is needed in this case is for the bank to file a civil action to get back the money lost as a result of the intentional and unlawful delay by the sheriff. Maybe then the sheriff will understand his duties do not include being a judge.
@GWTW –
you’re right (IMO). what I think this tells people is that regardless of the ‘law of the land’, a cop and pick and choose what laws they enforce. then again, congress will pick and choose what laws they follow so why not. I think the cop is right, but I also think he should be impeached for dereliction of duty – unless of course the law is changed.
For Once, a cop is doing the right thing. For once.
The banks likely don’t have ownership of the homes any longer.
Obviously you two haven’t been keeping up and reading stuff like this, check out the comments too, but be forewarned, bad American language:
“Show me the note, @#$!*”
http://gonzalolira.blogspot.com/2010/10/this-is-what-brian-and-ilsa-said-to.html#more
This is easy to understand. Â It is election time, and Sheriffs are elected.
However, with foreclosuregate , Â heavy in the news, Â maybe the Sheriff is correct, to drag his feet.
The problem is not banks or politicians, we the people are at fault. I’ve been through several dozen foreclosed homes to quote major repairs and let me tell you, 9 out of 10 were trashed by the defaulters. If that doesn’t tell you the caliber and character of citizenry then you are part of the problem, not the solution.
No excuse for destruction of property. These people are pigs.
There is plenty of evidence that many of the evictions that were executed were not legal. So it is not unreasonable for him to ask for clear evidence that this is a legal action. If he chose to evict people knowing that the evictions may be in question he would be breaking the law. He has no way of knowing how much proof, if any, the judge required before signing the eviction notice.
this sheriff is a crook. judges don’t make mistakes and if the sheriff doesn’t evict when a judge says to evist then the sheriff should be evicted from his job. not only should the pigs be evicted buy they should face criminal charges for defaulting on a loan. america was built on bank contracts being honored. our banks obey contracts and so should mortgage holders. god bless america and our military who are bringing justice to the world populated by infidels and contract breakers.Â
Debtor prison for all that have filed bankruptcy, foreclosure.
If this was Islam, there would be millions of deadbeat freeloading moochers without fingers.
It is high time that all defaulters pay for their theft. I say give them each 20 years in the FEMA welfare camps.
Judges make mistakes..it happens all the time..
Banks have been and are making mistakes left and right and lazy shoddy work ..too
maybe this sheriff isnt being shown enough proof?
because they cant produce it.
and when you own say like a 300K home and only had a 100K Note on it..why is the bank allowed to take all 300K of your property away from you? where is your 200K of that ?
Its Bank Thuggery..and it needs to stop..its like legalized theft..and from where i come from theifs get shot
Sheriff sounds like a good man, but my gut tells me this is a political move. After he gets re-elected I bet he goes back to doing whatever the banks ask him to do.
It’s unfair to blame everything to the homeowners, they are partly fault; however the banks and politicians knew what they were doing and what would become of it.Â
Shouldn’t the banks and politicians who are mainly the ones to blame for the REAL ESTATE BUBBLE and which has now become the FORCLOSURE GATE???Â
Bankers and politicians manipulated the market by inflating the fair market values, such as:
Bill Clinton (D) created the subprime mortgage crisis to enable home ownership for everyone, including the ones who could not qualify under the unqualifying programs. Bill’s son-in-law now runs Goldman Sachs.
“Franklin Delano “Frank” Raines: is the former chairman and chief executive officer of the Federal National Mortgage Association, commonly known as Fannie Mae, who served as White House budget director under Prez Bill Clinton. His role leading Fannie Mae has come under scrutiny.†By Wiki
Chris Dodd (D-Connecticut): Received large contributions Barack Hussein Obama (D):Â Received large contributions
In most states, Pa being an exception at the moment, the county Sheriff is the most powerful person in the county,he can certainly refuse to do the bidding of certain officials,especially private bankers if he is not certain about their standing,this is exactly what they are supposed to do concerning the federal govt in its actions at the local level,he is required to do so per his pledge to uphold the constitution. Thomas Jeferson stated that the law is often but the tyrants will and was always so when it violated the rights of an individual. Some may not feel the individual counts for much, but the founders felt differently,remember cancer attacks a lone cell to start with and then if it can infect that one cell it begins to spread…if tyrany can destroy one man/woman then it will begin to spread to the next person till eventually if destroys all! We need sheriffs and freemen to act like the immune system and stop the attacker before he can start destroying the whole,that means protecting the individuals rights first,then the whole will be safe.
I want a sheriff to stand between me and an out of control federal govt,everyone should,theres alot of unconstitutional things going on today and we need people to stand up if they can.
We need more sheriffs to demand verification before they carry out an eviction or an arrest .
BANKERS manipulated the markets and also using the “House-Flipping†technique to make quick and easy money.
Politicians, bankers received huge CONTRIBUTIONS and huge BONUSES, based on large volume. They made sure it sold in large volume.Â
But now THE BANKERS OWN EVERYTHING -Â Who knows who are the true owners of all these houses in this scheme?Â
_______________
But taxpayers are nearly BROKE, yet we are still the ones who have to pay for everything; on top of that taxpayers have to pay annually huge interest rate as well.
Â
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Comments…..
Good conscience by the sherrif? Yah right. He is pandering votes. Is he right, probably but not legally. Will he get re-elected, possibly. Will he foreclose after the election, undoubtedly.
The sherrif doesn’t have deep enough pockets to fight the big moneyed interests and this is about big money. On top of that, the courts are the final say in the matter. The court order says foreclose, if he doesn’t it will be contempt of court.
A small percentage of folks will have a valid argument in the courts, but most haven’t a legal leg to stand on. They bought what they couldn’t afford. Tough feces. Am I sympathetic? Not one bit. They priced me out of the rental real estate market.
Now do we need this mess cleaned up? You betcha. But violating court orders only leads to more contempt for the judiciary and they are our only recourse without tossing out ALL property rights. Buying on time is not owning.
Can we blame Congress and the bankers for this mess? Only if we blame the buyers too. It takes a minimum of two parties to make a contract. Congress through the Fed made it possible in the form of easy money policy. The banks lent the money for the buyers to buy. The buyers and the bank signed a valid contract. The only way out is if it can be proven that the contract was fraudulent.
If the buyer signed a liar loan, then the buyer attempted to defraud the bank. No sympathy. Fraud is theft by deceit.
The sherrif needs to throw the folks out on the street. Anything else is just a crime against property rights. Either we have property rights defended by law enforcement and the courts or we have nothing.
To quote Forest Gump, “Stupid is as stupid does.” If you don’t know what the contract says, you were stupid to sign it. I refuse to defend stupid.
I am amazed that there is such an uproar about foreclosures on this forum. Yes, the paperwork needs to be cleaned up and chain of custody on the title needs to be certain, but property rights is everyone’s concern. The purchaser has no property rights until they hold the title. Until then all they have is a contract.
Then again, I am beginning to think that most Americans are a pack of thieves. The buyers defaulted, the sherrif refuses to follow a court order and many of the commenters support the elimination of the bank’s property rights. Thieves and those who defend thieves. Could we claim that banks charge too much? Sure but we have an option, don’t borrow. If you borrowed, you owe. Pay up, shut up and quit your whining.
Too bad there isn’t a premium for honesty and integrity. Don’t blame the banks and Congress for your stupidity. You signed the contract. I do support cleaning up the mess arising from MERS. I would contend that the costs should be born by the banks, but they will only add the additional costs on to every bank transaction. Just like everything else, the costs are paid by the consumer. Where do you think corporate tax monies come from?
Â
Mushroom. I know you were being sarcastic, but this time you were right. We defend property rights or we have none.
Mushroom, I hope you are being sarcastic…..
He is the sheriff of Cook County, you know, Chicago. He is also a possible Mayoral candidate. Is he doing this for votes? Yea, probably. As far as banks honoring contracts, how can they honor a contract, that they no longer own title to? That they may have sold many, many, times over?
@ OverTheEdge –
Its all well and good that you’re claiming to be high and mighty, telling people to stop whining – however, have you stopped to think about WHO will be paying for the mess? YOU WILL. We ALL will, both people that owe, and people that don’t. People that played by the rules, and people that didn’t. and you have no problem with that? paying for someone Else’s mistakes? you must have more money than you know what to do with…. The term “property rights” is a JOKE and you well know it. Try not paying your property tax and see what happens. Even when you hold the note, you don’t own a damn thing.
Do you blame casinos when people blow their paychecks in them?
Do you blame drug cartels when people waste their rent money?
Do you blame the sports car dealer for the speeding ticket?
It’s not my fault, the dog ate my homework.Â
PERSONAL RESPONSIBILITY, GET SOME.
The homeowners aren’t paying the mortgage!! How are they not the only ones at fault!!! DUH!
This is not a case of the banks don’t own the mortgage or the banks are acting illegally. This is a technical problme of a missing piece of paper or some similar technical issue. The courts will iron it all out but make no mistake the courts won’t just award you the home because someone failed to initial a page or something. This is nothing more then a delaying tactic that in the end won’t change anything.
I guess high and mighty means honesty and integrity. Guilty as charged.
Uh, the consumers have always paid for the outcome of crimes as well as everything else including but not limitted to: penal system, corporate taxes, FDIC, national debt, government, Social Security, insurance and every business expense.
Property rights and failing to pay property taxes? Either you failed to think this out or … . Failing to pay property taxes is defrauding the community of financial resources the community spends on government services agreed to by the community. The taxable item is the only collateral against the taxes owed. In this case; property.
Sally- well said!
OTE…you were doing okay till you got to property taxes,where in the heck did you get such a looney idea? DEFRAUDING the community???? BS!! I and most others had NO say; ZERO NADDA in property taxes and certainly I did not agree with the community for some so called  services,we are told what we will pay and we get almost zero services for it!
I live out in the puckerbrush where taxes used to be almost nothing,now they are up 400% my income sure a heck aint up; infact it doesnt exist,still I get to payup or lose my lifes work so the freaking govt can spoonfeed all the leeches including its self ,to hell with community when that community is not a “freedom of association”relationship, but a jackboot in my face forcing me to pay up or lose out…..thats the freakin socialistic BS that has all but destroyed this nation,I firmly believe in property rights but when a socialist can steal it from me because I refuse to pay into the protection racket then by God property rights have been destroyed!
 Thats the same idea behind Ayatolla Obammas so called healthcare garbage…everyone has a stake in healthcare so everyone must participate…like hell I will! I have zero insurance and havent been to a doctor in 40 years and Im not paying so as you or someone else can go,unless I voluntarily CHOOSE to help !
You want community?social projects you and the ones who use them pay for them leave me outta the mix,dont tell me I have to “pay my share” I dont want any share in your so called community,not when participation is required at the point of a gun!
Sure if someone bought a house and cant/wont pay then they get evicted…thats fair,but lets not start acting like everyone is benefiting from so called community and agreed to it,a few have but generally they are the ones who get the bennies stolen from the rest of us, I make my own way,let other people make their own way and pay their own way! no one is owed anything,niether do I owe anyone else anything except to respect and enforce their God given rights,period! Thank you!
You can’t compare apples with oranges. Drug cartels or casinos or car dealers have no connections with people buying property. That’s a STUPIDEST COMPARISON I’ve seen. I guess Stupid people can’t figure this out.
The homeowners were too naïve to play the bankers games and now they lost it all. They loss of their house and their savings are due to bankers’ ponzi schemes, and the bankers are always the winners here.Â
Talk about responsibility, bankers created the phantom money out of thin air.Â
_________________
The dotcom bubble, the real estate bubble and now the foreclosure gate, the bankers is the winner here. So who are the thieves and liars? Who are the people with integrity and honesty?Â
Corrupt people and con artists would defend the bankers and politicians who made policies to help the banks to ROB the poor.
Video: FORECLOSURE FRAUD and $45 TRILLION DOLLARS
http://www.silverbearcafe.com/private/10.10/foreclosure.html
@ OverTheEdge –
at least you still have your modesty.
For those who think the sheriff is wrong (I do not I am glad he is insisting on a legitimate legal where the banks did not but want him to enforce laws protecting their fraud)
Now we have at least one case where a judge admitted to not reading the case file before taking a house away from someone who had a legal loan modification & was caught up on payments after Bank Of A did not notify the courts of the change to the case
see
http://www.npr.org/templates/story/story.php?storyId=130729666
Now we have legislators writing regulations into law but not reading before they sign (Senators & Reps at the national level & they admit it), bankers committing fraud in home loans by signing 1000s of foreclosures without reading the cases (& more) & judges enforcing legal cases without reading the actual files (& supporting/validating the fraud done by the banks…)
I would support the Cook County sheriff if I lived in that area & I would do what I could to replace that Florida judge if I lived there.
How can we have any hope for our country’s recovery if we continue to let these types of things continue?
Reb, you did have a say on taxes. You voted! And if you didn’t vote then you also had a say on taxes. Â
OverTheEdge…Your a jack ass.
Of course there is a simple reason for everyone defaulting on their loans huh?
No exceptions? No fraudulent gerrymandering of the loan officers or title comany execs or our local/federal governments?
You say the chain of title needs to be cleaned up but you refer no punishment nor loss for the millions and millions of bad paper the too big to fails made.
These so called banks are NOTHING more than disgraceful, corrupt non-entities that have ingraciated themselves with trillions of our dollars. This has starting to sound like a bad porno cause I feel like I’m taking it in both ends.