The Cook County, Ill., sheriff's office will not carry out any evictions involving Bank of America, Chase and GMAC/Ally until the lenders ‘can provide complete assurance that the foreclosure was done properly and legally.’
The eviction moratorium is set to take effect Monday, according to a statement posted on Sheriff Tom Dart's website. The three banks and their subsidiaries make up about one-third of the approximately 3,700 eviction orders filed with Dart's office annually.
"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. "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."
Dart says he sent notice to attorneys for the three banks asking them to provide an affidavit affirming any foreclosures they file in Cook County have been properly processed in accordance with state law. He is also asking those banks to provide the same for awaiting eviction orders.
Dart plans to extend the moratorium on evictions to any other lending institutions that also publicly admit to – or that investigators find engaged in – similarly questionable practices.