And so it Begins – Chicago Sheriff Says NO to Enforcing Foreclosures

Chicago Sheriff Says NO to Enforcing Foreclosures

The sheriff for Cook County, Illinois, which includes the city of Chicago, said on Tuesday he will not enforce foreclosure evictions for Bank of America Corp, JPMorgan Chase and Co. and GMAC Mortgage/Ally Financial until they prove those foreclosures were handled “properly and legally.”

Bank of America, the largest U.S. mortgage servicer, and GMAC, on Monday both announced rollbacks from their foreclosure moratoriums.

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.

Or as Denniger puts it…

Here’s a message to all the County Sheriff’s: Tell the banks to **** off!

The sheriff for Cook County, Illinois, which includes the city of Chicago, said on Tuesday he will not enforce foreclosure evictions for Bank of America Corp, JPMorgan Chase and Co. and GMAC Mortgage/Ally Financial until they prove those foreclosures were handled “properly and legally.”

Imagine that: A lawman who understands that The Bill of Rights actually applies to the people!

The 5th Amendment, specifically: You may not be deprived of liberty or property without due process of law.

“Robosigned” documents violate that right.  So does perjury in court proceedings.

“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.

Now that’s even better.  Will Sheriff Dart extend this all the way back to the origination of these loans, their pooling into securities, and questions about whether or not they were in fact sold more than once, rendering the person who claims to be foreclosing not necessarily the real party at interest?

What if the note has been bifurcated and nobody has a right to foreclose? Sue to collect, yes.  Foreclose, maybe not.

Let’s see lawmen and lawwomen all across this nation refuse to accede to the banksters demands until they prove that the law was complied with – up and down the line.

Sheriffs are elected officials.

The elections are coming.

We the people must demand that each and every Sheriff standing for election take a position on this – will you stop enforcing foreclosures NOW and continue to do so until the banks prove that each and every one is 100% legal, including all required transfers and endorsements, from origination to eviction?

View with responses

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4closureFraud.org

Comments
20 Responses to “And so it Begins – Chicago Sheriff Says NO to Enforcing Foreclosures”
  1. fdssdf says:

    > Imagine that: A lawman who understands that The Bill of Rights actually applies to the people!

    Here’s something easier to imagine: A lawman that is looking after his own, his family/friends’ own self-interest.

    Congress recently passed a law preventing commercials from being broadcast louder than programs. Lawmen and politicians can always protect rights that affect themselves. Try getting them to protect rights when their own instances of those rights aren’t being threatened.

  2. Linda Venturella says:

    I have an important message for everyone right now that is involved in Foreclosuregate. I have been trying to get a loan mod through my mortgage servicer PHH mortgage for about a year and a half. My story is like everyones. On Mon. PHH told me I was now pending for 2 loan mods. Today they called me and tried to extort $51,000.00 from me. They told me I am 15 house payments behind. BOLOGNEY. DO NOT send thes people any money. They will never let you catch up. They will still STEAL your home. They are trying to EXTORT as much money out of us as they can to keep the investors quiet and so the investors DO NOT sue them. PLEASE DO NOT SEND THEM A DIME. HIRE A LAWYER IF NECCESSARY.WE ALL NEED TO STICK TOGETHER. SPREAD THE WHERESTHENOTE? CAMPAIGN, TELL EVERYONE YOU KNOW ABOUT IT!!!!!!!!!! THIS HAS NOW BECOME A WAR BETWEEN US AND THEM. DO NOT FEAR THEM.

  3. Lee from Kansas City says:

    Economist Catherine Austin Fitts, former HUD Asst. Secretary and Solari.com founder, is a consistent advocate of “get to know your county sheriff”–including (if necessary) helping the sheriff to realize the protective powers innate to the office. Why? Because when push comes to shove, the sheriff can be the citizen’s final defense against mis-uses of power (a protection too few citizens know about). The sheriff can even stand against the Federal Government if Constitutional rights are being violated. Think of it!

    At the same time, the sheriff must be committed to exercising his Constitutional prerogatives (even when squeezed by the unscrupulous). That’s why citizen support matters. Consequently, I hope that each affected Cook County mortgage holder now lets Sheriff Dart know what his stance means to them. (He’ll surely appreciate it as pressure from the banksters is felt.) I also hope all sheriffs borrow from his bravery by stepping up to use the power of their office against other rights violations.

    Here’s another example of county sheriff power. http://solari.com/news/announcements/2010updates/2010-01-19.html
    “Richard Mack is the former Sheriff of Graham County, Arizona from 1988-1997. During his tenure, federal officers informed the sheriffs in Arizona that they would be required to enforce the so-called “Brady Bill.” In 1994, Mack and six other sheriffs from across the country, challenged the constitutionality of the Brady Bill. They took the case all the way to the Supreme Court, where they won in a landmark 5-4 split decision based on the 10th Amendment to the U.S. Constitution.”

    As Fitts urges (at that link), the most important awareness for U.S. citizens during this year, and for years to come, is the recognition that under the U.S. Constitution, the county sheriff has the ultimate authority to determine the legality of an enforcement action and enforce the law in a community.

  4. Ella says:

    As should all law enforcement.
    Also, as long as the home is is still deeded to the owner and it is clearly not abandoned (personal possessions still in home) then these “property management” employees and those who directed the break ins/ lock outs should be arrested at the scene by responding officers.
    We definitely need a moratorium to force the lenders to modify. There is certainly an overwhelming amount of evidence that there has been fraud upon our courts and citizens- so what are our leaders waiting for? The AG’s merely need to search the blogs to find enough info to shut this mess down.
    What is taking so long?

  5. Linda Venturella says:

    In addition to my last post , check out infowars.com. This is very interesting.

  6. Linda Venturella says:

    In addition to my recent post I would like to ask everyone to google infowarsmoneybomb.com, also prisonplanet.com,also alex jones, also rioting americans. we are being asked to keep googling it. Somebody is monitoring this.

  7. Linda Venturella says:

    Looks like our elected officials are starting to feel the heat. Do not stop complaining to anyone yoiu can that is an elected official that is supposed to be working for the people. We must: Keep e-mailing the WH at whitehouse.gov and calling the comment line. You must call your Senators, Congressman/Congrsswoman, Alderman, State’s AG office, State’s Attorney’s office, The FBI investigates mortgage fraud,call your local FBI field office. E-mail the media,e-mail a complaint to SIGTARP or call them at 877-516-2009. If your mortgage holder is a bank e-mail the occ.treas.gov, if the mortgage holder is a servicer the FTC at ftc.gov.E-mail Dylan RAtigan at MSNBC. com and thank him for trying to help us, watch his show everyday to boost his ratings. Go to the Financial Stability.gov website and leave a complaint. Complain to the FDIC, the GAO ,SEC, your state’s DFPR.It is election season and we need to become very pro-active. It is starting to have results.

  8. Herbert C Lubitz says:

    It all started when the judicial system was allowed to nit and pick which Laws should be changed. When the people of the United States started this country, the Laws were simple and right. Things were if it was it was, not what it might look like. There’s too many loopholes for anyone to use. The Law should be if you changed a document outside of the contract that was drawn up between two people, those two people, in-front of two witnesses, the contract should be what it is. If someone wants to change the contract, a new contract should be drawn up, in-front of two witnesses. Then the old contracts should be destroyed, and the new contracts are now the actionable documents to hold evidence of both parties. These lenders should not be allowed to commit anothers debt to resale under any circumstances whatsoever, without all the parties in consert to do so. Also the MERS scam is just that, a scam, if they don’t have any interest into the contract, they should be thrown out of court for attempted fraud against the court, and the Citizens of the United States of America, and thrown in jail for no less then the term of the contract, ie: 30 year mortgage = 30 years Jail time, the sam length of time that the fraud would have been active for, minus the time into the contract, taken off the sentence. This would be fair to anyone that conforms to a contract. The Lenders or borrowers would be equal in defences, and the gray areas would be eliminated, and the person who signs on the contract should be personally responsible for the actions of the client or company’s involved. No person or entity should have the ability to defraud another without a heavy conviction, and understanding that such actions will be automatic without any perole or light sentencing. When someone defrauds another, they are affecting more then one person, the familys, the people, the tax payers, and many more are affected by such actions, and therefore should be taken out of sociaty until their time is paid. Lawyers should be blocked from defending any such actors, as to get them a light sentence. It is what it is, and should not be negoiaceted, with full evidence as shown by original contracts as pure evidence, and solid defences should stand, if they are solid, as in written or material evidence to defend. Take money, does anyone lose $10000 when deposited in a bank? No the money is put into a Vault, and secured, so why is a Note and contract treated with neglect, and destroyed to tip the scales of justice? This is no excuse for anyone, if you lost a hundred dollar bill, who would you blame for this act? the township, the State, the person who you owed it to? Lines have to be drawn in the concrete, not the sand, because the sand can be changed when no one is looking. The same applies to agreements and contracts. And if insurance is taken out for errors like a lost Note, then the one who wants to pay for that right, should collect for that right. Like mortgage insurance, why is the borrower made to pay for this insurance if the lender will be the one to collect it? Does it make sense that you pay for insurance for 2 years, and if you default, this insurance should be paid to close the mortgage agreement, and the home would be paid off, and the borrower would be thrown out. Is this what Law and Order means? The scales of justice are tilted to favor the richer of the two in contract with each other. I think Lenders should be forced to have their own insurance against loss, and paid by themselves, or lose the favor of the court. If this insurance is paid by someone to insure a contract it should be in their favor to collect the funds or send the funds to the mortgage holder. Why is it that the lenders can defraud the people, and get the insurance payout, the Government bailouts, the home and even more after the lenders have sold our mortgages for a profit to securities, by fraud and deception right from the start? These lenders can change anything they need to get the upperhand upon the borrowers, when in fact they did not even use their own money to lend. The sold our signatures to the banks and made into money, by deceit and false representation. They already sold our signatures as payment for the mortgage and can sell it many times without your permission, like they have been, and destroy the Notes to coverup all the wicked forgerys that were instilled in the agreements that were never shown as proof of debt, but they can get another scammer to swear that they seen the Note, when in fact they were never in sight of any such document, that the original would have proven.
    This country has been sold a bad bill of goods by many in control of money. Where does the government get all the debt it made? From selling yours and my signatures in all the debt that we aquire and they sold to other countries and banks, thats right our signatures were sold without your permission or consent, and are now in debt to the government that holds your assets and makes all the people who have taken on debt personally bond in slavery, when you have to work for years to repayback, and now have several generations after you paying off the same debt you took on.
    I say take down the banks and the government, take back the rights of the people, impeach all the conivers, and throw all the congress in prisons, then we can start over to the beginning with the ten commandments and the Laws of Moses, and the world will be as new. If just those ten small one sentance commandments were in charge of all, then we all would fall under the same Laws and would not need Lawyers, or crooked Judges ruling over the underprivleged, and gaining favorites in the Government.

  9. RAMONA says:

    Bank of america already sent me mail that 8-10 compaies might fine me for being in default from our loan and added to our original note?

  10. housemanrob says:

    Remember! Baby steps………. get on a bus. Baby steps………… get on a sailboat! One day at a time folks. Rome wasn’t built in a day. We’ll get em! Baby steps!.

  11. Linda Venturella says:

    @Gemma: You may not know this unless you live in Cook County, but it is also known as Crook County, by the hard-working, tax-paying citizen’s who live here.

  12. gemma says:

    Ironic. I downloaded a bunch of foreclosure filing docs from Ilinois yesterday and read through them last night and noticed a lot of SHENANIGANS going on!

  13. Linda Venturella says:

    Just wanted to add one more note to my comment earlier. Tom Dart is definitely moving in the right direction to win a Chicago Mayoral election in this city if he keeps digging to find the fraud. At least he will win the hearts and minds and votes of millions of struggling homeowners in the city. Everyone who lives here in Cook County knows what a difficult struggle this will be for Tom Dart. The powers that be are already trying to place their guy, Rahm Emmanuel , in the cat bird seat. Keep up the good work Tom! It maybe wishfull thinking and naive on my part but, millions of Cook County voters will be in your corner.

  14. John R. says:

    And I posted, as a question a while back, that since the banks don’t seem to want to record the properties into their names AFTER acquiring them at the public auctions… if I, as a foreclosed upon person, went and got a certified copy of the deed, I, as the holder of the deed on record… when the Sheriff came to evict, shouldn’t that stop the eviction? Only the holder of record has the power to evict… or am I wrong? Any ideas? John R.

  15. Linda Venturella says:

    WOW. Thank god for election season! This is truly a move in the right direction by Tom Dart though only scratches the surface of the problem as everyone here well knows. I live in suburban Cook County, and I am just hoping that the investigations become much deeper than this. Now I am reading about the emerging class action lawsuits being waged against some of the big banks due to HAMP bungling. What about the Mortgage servicers? They are equally rotten. The shady terms of the HAMP agreements are finally proving to be just what we thought they were, B.S.Let’s just say that this has been a very real set-up the homeowner to fail scheme from the start. Once approved, the borrower must complete a three month trial period to demonstrate that they can meet their modified monthly payment. They also must submit to the servicer certain required documentation before the modification becomes permanent.WAIT A MINUTE, they submit the documents AFTER you begin making trial period payments? Isn’t this ass backwards? Isn’t this what bookies and loan sharks do? This only proves to me that the Government is complicate in all of this. We can see how they are trying to help the banks plug the holes in their pirate ship. Well sorry guys, It is still sinking, though ever so slowly. I feel like the blame for all of this lies in our broken judicial system. I have to lay the blame at the feet of our judges. They are the Gate Keepers. They have known about the fraud being used by these banks to cover up more fraud for many years now. The judges cannot tell me that because of the overwhelming amount of foreclosures, they do not see the blatant, in your face, spit on you homeowner’s fraud, in these documents. I also understand that there are a few good judges who felt for one reason or another, to clear their own consciences maybe, and did the right thing for a few homeowners. I have little faith in a justice system that is so corrupt it only wants to help the Big Banks, Wall Sreet, and the judges themselves. Have these judges ever thought about the families lives that they have destroyed by throwing them out of their homes and into the streets, surely alot of them in the dead of winter? I know ,satan has no conscience. What if this were their families and pets? The whole tyrannical gang from Wall Street on down are just the most filthy, dirty, scummy, despicable pigs on this planet. I actually think the name pig is to good for them, it would even be insulting to a pig. I plan to vote out every one of them on election day.

  16. John R. says:

    Went to my County Court’s website where I searched the foreclosure records. I found 2 separate suits, already lost, with 2 of the robo signers affidavits in them, so I sent the above story and the affidavits I’d found along with the depositions of each to my local Sheriff. Please, everybody do the same. PS… I’m not in Florida, I’m in Ohio! Yet one signature was Notarized in N. Carolina and the other came from Florida…. kinda shows the robo signers know no difference between state lines… this is National. John R.

  17. laconic93 says:

    You might also add to the sherrifs that they are violating the 4th amendment of the constituion.

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Cleary when someone signs a forged signature on a affidavit or files it without personal knowledge is violating the probable cause and the oath of affirmation section of the 4th amendment. Every time a sherrif enters a dwelling to seize a house they are commiting breaking and entering on behalf of the banks FRAUD.

    The sherrifs themselves should be sued or jailed if they willingly know that false affidavits are being used in the foreclosure process.

    So if we follow the letter of the law and we have sworn depositions that banks used forged documents to evict 100,000 people a month that is 100,000 cased of breaking and entering PER MONTH!!!
    Lawyers are going to make a lot of MONEY on this folks.

  18. MisterKeitel says:

    Wow! Just, Wow! I hope this is a trend that gets picked up and repeated all throught the nation. It should have started at the top, with American’s chief executive in charge of executing the laws of the US. That would be the President, head of the Executive Branch. He should have called a halt to foreclosures untill this could get sorted out. But he’s failed to to that. He’s prentending to care. He’s going through the motions. But it is, I’m afraid, him just playing charades.

    He should: Call at moretorium. Tell the banks that from now on they have to negotiate with people for better loans to they can contintue to pay and stay in their homes. Break up the big banks. Send the criminals to jail. Enact the biggest infrastructure stimules in History. But, alas, that will only happen in my dreams.

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