Cook County, Illinois Evictions

Please note the following changes in the Eviction Procedure to be followed for Cook County in Chicago IL. Also below is a memo from Mike Fisher ( Fisher & Fisher) outlining some of the changes.

As of 01/01/2003 the Cook County Sheriff's Department has changed their eviction procedures. They no longer will post 7 day notices if no one is home at the time of the eviction.

Per our conversation with Lt. Decaro with the Cook County Eviction Department on 1/29/2003 (1312-603-4915), the new procedure is as follows:

1. Sheriff or deputy arrives at property between 8:00 am and 2:00 pm on the scheduled eviction date. (They still will not give specific times.)

2. If no one is home at the time of the eviction, the sheriff will gain access by forcible entry to determine if the occupant is the person listed on the writ. If the sheriff finds documentaiton indicating that the occupant is not the person listed on the writ, the sheriff will require that the eviction be rescheduled.

The sheriff will not attempt to gain access unless the eviction crew representing the new owner of the property (the lender) is willing to sign a document authorizing the sheriff to gain entry to verify occupancy and to determine if the occupant is the person listed on the writ. The sheriff will also require a statement from the eviction crew that the property will be resecured if the sheriff determines that occupant is not the person listed on the writ. By signing this form, we agree to repair any damages caused to property by sheriff in the event that eviction is not completed. If we do not agree in advance to resecure/repair the damage to the door caused by the forcible entry, the sheriff will not perform the eviction.

Please note, there are no provisions in the investor guidelines for the repair of damages caused by the sheriff.

We have also been advised that the sheriff will not provide anything in writing documenting the procedure as outlined above, so we do not have any documentation of the procedural changes at this time. This information was obtained through conversations with Lt. Decaro of the Cook County Sheriff's department. We were advised that it will be some time before there is paper documentation.

Please advise how you would like us to proceed with evictions in Cook County.

From: michael@fisherfisher.com
Subject: Re: Fwd: FW: new Cook County LockOut procedures
To: Robert Klein <robert.klein@safeguardproperties.com>
Date: Tue, 4 Feb 2003 14:56:31 -0600
at 02/04/2003 02:57:02 PM

If the Eviction Attorney places a Chancery Order Approving Sale with the Sheriff, the Sheriff will ask the receiver for permission to knock down the door if nobody is home. If permission is given and there is no evidence of other occupants but the Mortgagor, the Sheriff will evict on the spot. If the Sheriff knocks the door downand there is evidence of other occupants he will tell the receiver that the writ needs to be amended. At that point, the Sheriff will ask that the receiver resecure the door. I would reccommend that the door be made "closeable" but thats the extent of it. I do not think we have anobligation to re-key, as we actually own the property. If you have any questions at the eviction, I am generally in the office, please feel free to call.