Yesterday, the Cook County Sheriff announced a moratorium on evictions arising out of foreclosures. While the sheriff claims that this moratorium only applies to tenants of foreclosed properties, it is likely to be applied to all such evictions: owners, tenants, and otherwise.
The local creditor’s bar is discussing bringing a mandamus action. The action would request the Cook County court enter an order mandating that the sheriff act on all its eviction orders.
The judiciary was apparently unaware of the sheriff’s plan or announcement and has already scheduled a meeting with him tomorrow.
The sheriff has no authority to disregard or disobey the court’s orders on evictions. However, his action shows how at least one elected official is using the housing and foreclosure morass for his own potential political gain. Other jurisdictions may choose to follow this sheriff’s example.
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WWR will continue to monitor this and advise you of the outcome.
If you have any questions on this information, please contact Ms. Monette W. Cope, Esq.
Monette is a senior associate in the Bankruptcy Department of Weltman, Weinberg & Reis Co., L.P.A. in Chicago, Illinois. She can be reached at (312) 253-9614 or via e-mail at mcope@weltman.com.
Client Advisory is published by Weltman, Weinberg & Reis Co., L.P.A., an organization providing comprehensive creditor representation. The information contained in this advisory is a summary of legal information and is not intended to constitute legal advice on specific matters or create an attorney-client relationship. Contact any of our offices or visit our website at www.realestatedefaultgroup.com for more real estate related information, company facts and attorney profiles.(c)2008