Colorado (nonjudicial foreclosure authorized by court), Governor’s Executive Order 2020-12 (March 20, 2020), effective for 30 days, extends for 30 days the deadlines to cure and to redeem under Colorado foreclosure statute. The prohibition against “self-help” repossession of automobiles and trucks is no longer in effect. COVID-19 Prevention Hotline. Alert New Jersey Department of Banking and Insurance announced on March 28, 2020, that Citigroup, JP Morgan Chase, US Bank, Wells Fargo, Bank of America, and over forty other federal and state-chartered banks, credit unions have committed to waiving certain bank fees including early CD withdrawals. The best course is to contact a consumer’s bank and request waiver of fees because of a COVID-19 related hardship. But with COVID-19, most insurance companies are offering 30-day deferrals, Mitchell says. 20-9052 (April 6, 2020), effective to April 30, 2020 suspends eviction and forcible detainer actions filed against occupant of property after foreclosure. The first chapter of each consumer law treatise is available for free in NCLC's Digital Library. Nevertheless, the moratorium has been extended to June 30, 2020 by guidelines issues by Fannie Mae, Freddie Mac, FHA, VA and USDA: In addition, FHFA announced on June 17, 2020, that the June 30 moratorium expiration is now extended for Fannie Mae and Freddie Mac mortgages until August 31, 2020. Delaware (judicial foreclosure): Governor’s Sixth Modification of March 12, 2020 Declaration of State of Emergency (March 24, 2020) prohibits commencement of foreclosures and late fees or excess interest for missed payments during the state of emergency. Certain exceptions apply. Click any NCLC title below to start reading now. 106 (March 19, 2020) suspends evictions and enforcement of eviction orders (allowing proceedings to continue up to that point), effective until at least two months after the emergency expires. This list of resources, which will be updated as new information is available, is a guide to help families navigate their financial lives during these turbulent times. Saving Lives, Protecting People . Pennsylvania (judicial foreclosure): Governor’s Order (May 7, 2020) directs a moratorium on giving the notices that state law requires in order to bring foreclosure actions for most residential mortgages. This page is updated daily to reflect new resources in policy areas ranging from education to health care costs and access. It merely suspends eviction judgments for the duration of the state of emergency. Maine (judicial foreclosure), Emergency Order and Notice Maine Supreme Court (March. The repossession of any automobile, truck or personal property used as a residence (including mobile homes, trailers and houseboats) by self-help is prohibited for the duration of the state of emergency. A state-by-state list of eviction moratoria is now published by the National Housing Law Project, researched by students at Columbia and University of Pennsylvania. This page is updated daily to reflect new resources in policy areas ranging from education to health care costs and access. Chicago, Illinois: The mayor has suspended payment plan defaults, late penalties, referrals to collection firms for city debts from March 18 to April 30, 2020. The execution of ejectment judgments is stayed through March 27, 2020. Maryland Judiciary Response: All parties can still file into the court via MDEC, mail or drop-box. Surviving Debt is geared for consumers, counselors, paralegals, and attorneys new to consumer law. Though portions of America’s economy have made a stunning comeback since the early days of the coronavirus pandemic, many segments continued to be pummeled by shutdowns, operating restrictions, reduced consumer demand, and long-term changes in how they do business. This policy will go into effect immediately. To the extent that each court has the ability, it will continue to process incoming filings. Find national and local rates for COVID cases and deaths in the United States. Borrowers may also ask their servicer to refund any payments made during the COVID-19 suspension. From January 31, 2020 until 120 days after the end of the national state of emergency, if a creditor has made an accommodation (such as a forbearance or workout) for a consumer pursuant to the state of emergency, the creditor shall report that account with the same status as prior to the accommodation to a consumer reporting agency. Vermont (judicial foreclosure): VT Supreme Court Administrative Order No. Michigan (non-judicial foreclosure): Governor’s Executive Order 2020-85 (effective to June 11, 2020) supersedes Executive Order 2020-54 which extended Order 2020-19 to make effective through June 11, 2020. 202.9 charges the New York State Department of Financial Services to ensure that licensed or regulated entities grant consumers in the State of New York forbearance of loan payments for 90 days for any person or entity facing a financial hardship due to COVID-19. Iowa: Executive Department, Proclamation of Disaster Emergency (April 24, 2020) suspends garnishments and replevin actions. 26). For creditors doing business in multiple jurisdictions, this often means having to abide by sets of rules that can be quite different. In addition, it orders the Commissioner to discontinue acceptance of Notices of Intent to Foreclose and to suspend the operations of its Notice of Intent to Foreclose Electronic System for the same duration. The 288-page book explains steps that families in financial distress can take concerning foreclosures, repossessions, utility terminations, landlord evictions, debt collection, medical debt, student loans, credit reporting, credit cards, criminal justice debt, and a number of other topics of special current interest. Delaware (judicial foreclosure): Governor’s Fourteenth Modified Declaration of State of Emergency (April 30, 2020) extends until further notice the March 24th Governor’s Modified Declaration of State of Emergency. Mississippi (evictions): Governors Executive Order No. Go to micro data repo. Self-help and advocate eviction pleadings and forms: Go to lawhelpinteractive.org, click on the state on the map and search for self-represented or advocate materials. Maryland schools and other agencies are offering free meals to students. To make matters more confusing, some jurisdictions have imposed additional motor vehicle repossession requirements and limitations that creditors need to be aware of, as a result of the COVID-19 pandemic. The Appraisal Institute and the Appraisal Foundation have extensive information on how COVID-19 is affecting appraisers. We recommend that you obtain separate legal advice. Maryland State Police is expanding its 24/7 COVID-19 Prevention Hotline, where members of the public can report unsafe facilities and activities or public health order violations. Residential and commercial tenants are protected for non-payment of rent. The harder you make it for them to get the car back, the more the repo company can charge. Wisconsin, the Department of Financial Institutions has announced that payday and licensed lenders risk license suspension or revocation for increasing interest rates, fees, or costs of borrowing in response to COVID-19. Department of Education Information Related to the Coronavirus Relief for Students, Borrowers, and Parents: The Department of Education’s website provides more detail on the suspension of interest accrual and loan payments, with additional Q&A on other topics relevant to students in school, student loan borrowers, and their parents. See § 4022(c)(2). Maryland (judicial authorization for nonjudicial foreclosure): Order of Chief Judge of Maryland Court of Appeals (March 25, 2020) stays initiation and pending proceedings related to residential foreclosures, foreclosure of the right of redemption after tax sales, and actions to recover possession of residential properties. North Carolina (judicial foreclosure), Order of Supreme Court (March 19, 2020): Extends deadlines for filing pleadings, motions, notices, other documents and performing required “acts” in civil proceedings, including “special proceedings” (foreclosure proceedings) until April 17, 2020. This may depend on the specific wording of a governor’s order. The fees the repo company charges the bank are added to the loan balance you’re responsible for. Under the CARES Act, homeowners with federally backed mortgage loans affected by COVID-19 can request and obtain forbearance from mortgage payments for up to 180 days, and then request and obtain additional forbearance for up to another 180 days. If she keeps losing income because of COVID-19, she can keep applying for forbearance extensions for up to a total of 12 months. CARES Act Relief from Foreclosure: CARES Act § 4022 provides foreclosure relief for "federally-backed loans," which means loans (for 1–4 family properties) purchased, securitized, owned, insured, or guaranteed by Fannie Mae or Freddie Mac, or owned, insured, or guaranteed by FHA, VA, or USDA. 20-8500-008 4, In the Matter of the Stay Of Writs of Restitution Issued under the Mobile Home Park Act 7 During the Covid-19 Public Health Emergency (March 26, 2020) staying all manufactured home park evictions and foreclosures during the emergency. 03.22.20. NPR is tracking coronavirus-related developments in all 50 states, Puerto Rico and the District of Columbia so you can read up on your state's COVID-19 … Washington State (evictions) Governor’s Executive Order 20-19 (March 18, 2020) orders a statewide hold on evictions for non-payment or where the tenancy has ended, until April 17, 2020. Order is effective for a period of sixty days beginning on June 20, 2020. Fannie Mae, Freddie Mac, FHA, and VA to allow appraisals without interior inspections: The USDA has waived or relaxed certain parts of the application process for Single-Family Housing Direct Loans, including site assessments, and has extended the time period that certificates of eligibility are valid. The financial regulator has said car … 18, 2020, effective to May 1, 2020): No proceedings will be scheduled or heard for foreclosure and eviction cases, and actions to recover personal property, and extended through May 15 by State of Maine Judicial Branch Revised Emergency Order and Notice PMO-SJC-1 (April 22, 2020). 1465 (March 31, 2020) suspends all enforcement of evictions in Lauderdale County through April 14, 2020. Nevada Governor's Directive 017 suspends the issuance and service of garnishment orders. Allows filing requests for orders of possession. del S. 489 (March 24, 2020) requires forbearance on car, personal and other consumer loans if consumer requests. • Discontinued the issuance of new parking tickets. The Governor notes that Iowans should not expect any further extension past May 27, 2020. Alabama (nonjudicial foreclosure): Governor’s Sixth Supplemental State of Emergency Proclamation (April 3, 2020) suspends enforcement of eviction for nonpayment of rent or mortgage payments for duration of public health emergency declaration or further order. The suspension may provide relief for landlords and creditors, as well as tenants and debtors, all of whom are affected by the state of emergency, whether directly or indirectly. Since debt collectors in Washington are only licensed to work at their designated collection offices, this should stop Washington State debt collectors from communicating with consumers. Virginia: Virginia Supreme Court Third Order Extending Declaration of Judicial Emergency in Response to Covid-19 Emergency (April 22, 2020) and Processing Garnishments During the Pendency of Judicial Emergency (April 23, 2020) suspend new garnishment orders and provides for remote hearings on consumer’s claim of exemption for prior garnishment orders. del S. 489 (March 24, 2020) requires forbearance on mortgage loans if homeowner requests. To make matters more confusing, some jurisdictions have imposed additional motor vehicle repossession requirements and limitations that creditors need to be aware of, as a result of the COVID-19 pandemic. For more information, see materials by the Office of the Comptroller and the Federal Deposit Insurance Corporation. NACo is collecting examples of how member counties are using their resources and tools to help better equip residents to weather the financial impacts of COVID-19 and provide them economic opportunity in recovery as a resource for counties across the county. The impact of court closures on judicial foreclosures, collection actions, and the like. This article describes the main CARES Act provisions affecting consumer protection and links to specific Act provisions. The order is effective from May 11, 2020 through July 10, 2020. If an RHS-guaranteed loan is suspected, directly ask the servicer to review the homeowners’ closing documents. Michigan (nonjudicial foreclosure), Governor’s Executive Order 2020-14 (March 18, 2020): Temporarily suspends tax sale redemption deadline from March 31, 2020 until the later of (a) May 29, 2020 or (b) 30 days after the termination of the state of emergency. The list may not be complete, as state and local governments continue to adopt new emergency measures at a fast pace. Iowa (judicial foreclosures): Executive Proclamation of Disaster Authority (April 2, 2020) Section 65 of the Proclamation continues the temporary suspension of provisions of the Iowa Code allowing for the commencement of foreclosure proceedings, or the prosecution of ongoing foreclosure proceedings, on residential, commercial, and agricultural real property located in the state. | Trustee Program Notice to Chapter 7 and 13 Trustees Regarding Recovery Rebates Paid to Consumer Bankruptcy Debtors (April 7, 2020) affirming that stimulus payments should not be included in the calculation of current monthly income or projected disposable income, and in a chapter 7 filed on or after March 27, 2020, the U.S. Live Action Tracker. Florida (judicial foreclosure): Governor’s Executive Order No. This is largely duplicative of CARES Act student loan provisions for Direct Loan and certain FFEL student borrowers but it also protects other student loan borrowers and others owing government debts, such as those owing mortgage deficiency judgments arising from FHA loans. Within ten business days regulated institutions must provide an application process for borrowers. Montana (non-judicial foreclosures): Governor’s Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to limit foreclosures, evictions, and disconnections from service (March 30, 2020): Effective through April 10, but now extended through at least April 24, 2020, suspends evictions, tenancy non-renewals (requiring at least month-to-month tenancies), late fees, rent increases, credit reporting for non-payment, foreclosure sales, other foreclosure actions, or foreclosure-related evictions. Kentucky (evictions), by Governor's Order 2020-257 (March 25, 2020): All evictions are suspended, and all government officers are directed to cease enforcement of eviction orders for the duration of the emergency. Governor Hogan’s Executive Order also contains a number of provisions that will prove beneficial to Maryland’s banks, credit unions, and small and medium sized businesses during the COVID … To determine if a mortgage loan is “federally-backed,” see “Determining If a Mortgage Loan is Federally Backed,” infra. There are record numbers of unemployment claims, and businesses remain shuttered as people stay at … Eversource will not remove a customer from the AMP, even if the customer misses payments during the emergency. See, e.g., District of Columbia, Kansas, and Maryland. • Suspension of parking meter enforcement. The FCC, In the Matter of Lifeline and Link Up Reform and Modernization, WC Docket No. In some cases, unfortunately, loans may have been stripped of their FHA-insured status; call HUD’s National Servicing Center at 877-622-8525 if there are questions. • Arizona (cooperative agreement with the state’s largest electric utilities); [Note also that the California Public Utility Commission voted unanimously to adopt a Phase I decision in the proceeding, • West Virginia (regulators are “urging” utilities to suspend disconnections); and. 78 (March 22, 2020) directs court clerks not to accept filings in non-essential cases “until further order.” Foreclosure cases are deemed non-essential cases. For a full list of topics: A-Z Index. Reading Pennsylvania announced several fines and fees reforms. This article also lists many actions by state governors, federal and state agencies, businesses and others that provide consumer protections during this crisis. ACA International v. Healey (D. Mass. New York (judicial foreclosure): Governor’s Executive Order No. Governor Northam issues a statewide stay-at-home order and keeps nonessential businesses closed until June 10, 2020. Links to Foreclosure Suspensions by Federally Backed Mortgage Investors in Effect Prior to the CARE Act: FHA — https://www.hud.gov/sites/dfiles/OCHCO/documents/20-04hsgml.pdf, VA — https://www.benefits.va.gov/HOMELOANS/documents/circulars/26_20_8.pdf, USDA Direct (bottom of page 1) — https://www.rd.usda.gov/sites/default/files/USDA_SA_COVID19_SFHContinuity03202020.pdf, USDA Guaranteed — https://www.rd.usda.gov/sites/default/files/USDA_RD_SA_Foreclosure_and_Eviction_Relief_COVID19_NationalEmergency.pdf, Fannie Mae — https://singlefamily.fanniemae.com/media/22261/display, Freddie Mac — https://guide.freddiemac.com/app/guide/bulletin/2020-4. Kentucky (evictions): Governor’s Executive Order No. The Eviction Lab also has detailed state-by-state listings regarding renter protections during the emergency. New residential foreclosures and foreclosures of right to redeem after tax sales “shall be stayed upon filing.” Order to be revised “as circumstances warrant.”. The Financial Conduct Authority also said payday loan firms must give customers a one-month interest payment holiday, as part of emergency measures to help households hit by the coronavirus outbreak. In addition, municipal utilities may abide voluntarily by a state suspension order even if it is not legal binding on them, or may on their own decide to suspend terminations. Important Note re Municipal Utilities and Rural Electric Cooperatives (RECs): In a few states, the state PUC’s billing and termination rules apply to municipals, but, as a general rule, municipal utilities and RECs are not regulated by the state’s PUC. The order suspends any self-help remedy under the Maryland Commercial Law Code or any rule or regulation that would permit a creditor to repossess any car, truck or personal property used as a residence until the state of emergency is terminated and the health emergency is rescinded. As multiple long-term care facilities in Maryland experience COVID-19 outbreaks among vulnerable residents, the Maryland Department of Health has issued new guidance to these facilities to promote the use of procedure or surgical masks for employees … Same for pending and scheduled evictions. To remain in effect for duration of public health emergency declaration or further order. Saving Lives, Protecting People Centers for Disease Control and Prevention. MARYLAND — Efforts to protect residents and staff at Maryland nursing homes ramped up Sunday as cases or clusters of cases have been reported at 81 nursing homes and long-term care facilities across the state. Montana (non-judicial foreclosures): Governor’s Directive (May 19, 2020), March 30, 2020 and April 7, 2020 Directives limiting foreclosures, evictions, and service disconnections to be in effect until May 24, 2020, except for vulnerable population who have suffered significant financial hardship due to virus outbreak and who remain sheltered at home, in which case the protections expire upon sooner of 30 days after person ceases to shelter at home or the end of the emergency. However, since Maryland State Courts have been ordered closed for all hearings other than emergency hearings, an eviction proceeding could not take place in any event, unless courts are reopened before the prohibition is terminated. About. For more on federal government collection of debts, see NCLC’s Collection Actions Chapter 10. The first three cases of the virus were reported in Montgomery County on March 5, 2020. District of Columbia: D.C. 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