Lawsuit: Sheriff Can't Halt Evictions

CHICAGO (CBS 2) -- A mortgage lender wants a Cook County judge to force Sheriff Tom Dart to get back to the business of evicting people from foreclosed homes.

WBBM's Bernie Tafoya Reports.

On Wednesday, Dart announced his eviction moratorium, saying he's willing to face contempt-of-court charges for not following court eviction orders.

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Accredited Home Lenders filed a lawsuit Thursday to get Dart to obey an order that calls for the eviction of Shirley McFarland of Dolton from her foreclosed bungalow.

"Sheriff Dart may have concerns about the orders that he is charged with enforcing, but he simply cannot refuse to carry them out. The orders of the court must be enforced," attorneys for Accredited Home said in a statement. "This lawsuit is necessary to ensure that."

Meanwhile, Dart met with Cook County Judge Dorothy Kirie Kinnaird, head of the Chancery Division, to discuss his stance on foreclosure evictions.

At that meeting, Dart told Kinnaird that too often his deputies are evicting renters who have not been given notice the property is in foreclosure. The sheriff suggested Kinnaird require banks to file an affidavit saying the homeowner and potential renters all have been given notice of the pending eviction before calling on deputies to evict residents.

Dart spokesman Steve Patterson said the meeting "went well" and that Kinnaird and a Cook County assistant state's attorney at the meeting plan to review his proposal.

Kinnaird said she agreed to discuss putting "standardized language" in all eviction orders that would say the proper notice required by state law has been met. She said she thinks they can come to an agreement.

But until something is worked out, Patterson said deputies will not conduct foreclosure evictions.

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