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Michigan governor extends eviction moratorium and creates Eviction Diversion Program
On June 26, the Michigan governor issued Executive Order 2020-134, which extends the temporary suspension of evictions, previously covered here and here, until July 15. The order also creates the “Eviction Diversion Program” through which qualified renters who fail to make required payments during the Covid-19 pandemic can obtain rental assistance. The order “strongly” encourages Michigan landlords to take advantage of Covid-19 housing debt remedies, instead of pursuing eviction or foreclosure after July 15.
Michigan extends Executive Order regarding remote transactions
On June 24, the Michigan governor announced Executive Order 2020-131, which extends a previous order that temporarily allowed e-signatures on official documents and remote notarizations (previously discussed here). Any notarial act may be performed by a notary that holds a valid notarial commission in Michigan using two-way real-time audiovisual technology if certain conditions are met. The order sets forth additional requirements for remote notarizations and continues through July 31, 2020 at 11:59 p.m.
Michigan governor extends eviction moratorium
On June 11, the Michigan governor issued Executive Order 2020-118, which extends the state’s eviction moratorium, previously covered here, through June 30. During this period, a person may not be removed or excluded from leased residential premises or residential premises held under a forfeited executory contract, subject to certain exceptions. The executive order also stays any statutory limits on Michigan courts’ ability to adjourn any proceedings, toll any redemption periods or limitations periods, or extend any deadlines until 30 days after the restrictions on eviction expire.
Michigan governor extends tax foreclosure redemption deadline
On May 28, the Michigan governor issued an executive order extending the deadline by which Michigan residents must pay back taxes to avoid foreclosures on their property. The governor extended the deadline until June 29, 2020. The governor had previously extended the deadline from March 31 to May 29.
Michigan prohibits removal or exclusion of tenant or mobile home owner from their home
On May 14, the Michigan governor issued an executive order temporarily prohibiting the entry to premises to remove or exclude a tenant or mobile home owner from their home, except for certain limited reasons. While the executive order does not prohibit a landlord or vendor from receiving payment or making a demand for rent or executory contract payment, such a demand may not include a threat of possession or forfeiture based on nonpayment. Officers also may not serve process requiring forfeiture of leased residential premises or residential premises held under a forfeited executory contract. The prohibitions are effective immediately and will continue until June 11, 2020, at 11:59 p.m. Further, until 30 days after any restrictions on eviction in the executive order expire, any statutory limits on the Michigan courts to adjourn proceedings, toll redemption periods or limitations periods, or extend any deadlines, are suspended.
Michigan regulator encourages financial institutions to avoid offsetting CARES Act stimulus payments
On May 14, the Michigan Department of Insurance and Financial Services issued a bulletin “strongly” urging Michigan financial institutions not to access CARES Act stimulus payments to satisfy overdrafts or to exercise any right of offset against the funds without the agreement of the customer or member. The regulator also “strongly” urged financial institutions not to use CARES Act stimulus payments for ATM, late payment, overdraft, or other fees.
Michigan regulator issues guidance for financial services sector to comply with stay at home orders
On May 6, the director of Michigan’s Department of Insurance and Financial Services issued Bulletin 2020-23-BT/CF/CU to provide guidance to the financial services industry on compliance with the governor’s stay at home orders. The bulletin reiterates that work by the financial services sector should be done remotely to the fullest extent possible and businesses should take other mitigating measures for non-remote workers. It also clarifies that workers in the real estate industry, as opposed to mortgage companies, are not critical infrastructure workers, and should refer to guidance by the Michigan Department of Licensing and Regulatory Affairs.
Michigan Department of Insurance and Financial Services extends insurance guidance
On April 30, the Michigan Department of Insurance and Financial Services (DIFS) issued a bulletin extending Bulletin 2020-12-INS for the period of time that Executive Order 2020-59, and any subsequent executive order that reaffirms or clarifies the measures in Executive Order 2020-59, remains effective. Bulletin 2020-12-INS provides that all claims must continue to be processed and paid in a timely manner. Additionally, insurers are expected to make all required filings with the DIFS. Entities and persons regulated by the DIFS also must comply with all applicable statutory and regulatory deadlines and requirements, unless such are expressly waived or modified by the DIFS, including applicable filing deadlines. Companies that experience difficulties meeting deadlines or requirements are urged to contact the DIFS immediately.
Michigan Department of Insurance and Financial Services extends guidance regarding essential businesses and operations
On April 30, the Michigan Department of insurance and Financial Services issued a bulletin extending Bulletin 2020-11-BT/CF/CU, which was previously covered here, and clarifies which financial services are considered essential businesses and operations. The bulletin is extended for the period of time that Executive Order 2020-59, and any subsequent executive order that reaffirms or clarifies the measures in Executive Order 2020-59, remains effective.
Michigan governor issues temporary order enabling remote notarization
On April 8, Michigan Governor Gretchen Whitmer issued an executive order enabling remote notarization in response to the Covid-19 crisis. Whitmer’s order allows for the use of electronic signatures, remote notarization, remote witnesses and attestations, and remote visitations in necessary transactions and interactions. The order took effect immediately and will be in place through May 6.