Real Estate & Property Law

Evictions Pile Up in Sheriff’s Office, Part of a ‘Populist Revolt’

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More than 1,000 evictions have piled up in the office of Cook County Sheriff Thomas Dart, and he’s in no hurry to get them moving.

Last month, the sheriff for Chicago and its nearby suburbs declared that his office will not evict homeowners until lawyers for the mortgage companies personally vouch that the actions are justified. So far, none has complied, the Washington Post reports.

According to the story, Dart is among a growing number of officials who are slowing foreclosures. Their ranks include chief judges, attorneys general and sheriffs from both large and small jurisdictions.

“The new challenges are throwing a wrench into the plans of mortgage companies, which in recent weeks have tried to put the robo-signing mess behind them by rapidly reviewing or fixing their paperwork and resuming foreclosures,” the Post says.

The newspaper quotes Clifford Ross, a University of Maryland business professor who formerly worked for Citigroup. Allegations of improper foreclosures “have incited something of a populist revolt,” he told the newspaper.

Other actions cited by the newspaper:

• Maryland’s highest court adopted an emergency rule allowing judges to require lawyers to swear to the accuracy of foreclosure paperwork.

• New York’s chief judge is requiring lawyers to vouch for the accuracy of mortgage documents.

• Some courts have ruled the Mortgage Electronic Registration System does not have standing in foreclosure cases. MERS is a computer tracking system that was created to eliminate the need to record mortgage assignments with counties.

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