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On March 23, the New Hampshire governor issued an emergency order temporarily authorizing secure remote online notarization, with certain specified conditions. If state law requires an individual to appear personally before or be in the physical presence of a notarial officer at the time of a notarization, this requirement is satisfied if the individual and the notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time of the notarization. The order provides additional guidance on the signature, mailing, official date and time, and validity and recognition of the notarization.
On March 17, the New Hampshire governor issued an emergency order temporarily prohibiting evictions and foreclosures. All judicial and non-judicial foreclosure actions are prohibited during the declared State of Emergency, and all applicable provisions of any law, rule, or other regulation which would allow for the initiation of foreclosure proceedings are suspended for the same duration. However, the order does not relieve an individual of their obligations to pay rent, make mortgage payments, or any other obligation which an individual may have under a tenancy or mortgage.
On March 20, the New Hampshire Banking Department issued FAQs discussing mortgage foreclosures during the Covid-19 pandemic. Among other things, the FAQs clarified that New Hampshire Emergency Order #4 temporarily prohibits any judicial or non-judicial foreclosure action in New Hampshire during New Hampshire’s Covid-19 State of Emergency, regardless of where the lender is located.
On March 17, New Hampshire Governor Christopher Sununu issued Emergency Order #4, which temporarily prohibits judicial and non-judicial foreclosures while the state of emergency related to the Covid-19 outbreak is active.
On March 13, the New Hampshire Banking Department (NHBD) issued a memorandum to licensed financial services institutions: (i) encouraging such institutions to work constructively with New Hampshire consumers who may experience difficulties in light of the economic disruptions caused by Covid-19; and (ii) providing guidance relating to mortgage loan originators working from home or other locations so long as certain conditions are met. On March 16, the NHBD issued further clarification of the March 13 guidance concerning branch closings as well as an FAQ.
On March 13, the New Hampshire Banking Department (NHBD) issued a memorandum to state-chartered banks, credit unions, and trust companies encouraging them to work constructively with customers experiencing difficulty due to Covid-19 and offering guidance on branch closures, annual meetings, examinations, and liquidity. Banks and credit unions do not need prior authorization to use only the drive-through portion of a branch or adjust normal business hours but must submit applications to the NHBD for branch closures in excess of 48 hours. If necessary, credit unions may conduct annual meetings via video or teleconference and both banks and credit unions may request adjustments to examination schedules or additional time to respond to consumer complaints. Finally, institutions are asked to closely monitor liquidity levels in the event of higher than normal consumer cash withdrawals and ensure sources of liquidity are readily available.
- Benjamin W. Hutten to discuss "Understanding OFAC sanctions" at a NAFCU webinar
- Warren W. Traiger to discuss "Key takeaways from proposed CRA modernization" at the New York Bankers Association Technology, Compliance & Risk Management Forum
- Garylene D. Javier to discuss "Navigating workplace culture in 2020" at the DC Bar Conference