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On May 20, State of Rhode Island District Court issued Administrative Order 2020-02, announcing that it would recommence adjudicating eviction matters on June 2, and detailing a set of temporary practices and protocols for eviction matters. Similarly, on May 19, the State of Rhode Island Department of Business Regulation issued Certified Constables Bulletin 2020-1.2, noting that certified constables should conduct service of process and executions regarding eviction at a time and in a manner specified by the court.
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.
On May 14, FHA issued Mortgagee Letter 2020-13, which extends the foreclosure and eviction moratorium in connection with the Covid-19 emergency and issues new reporting requirements related to FHA single family’s CARES Act loss mitigation options. The foreclosure moratorium is extended to June 30, 2020, and applies to FHA-insured single family mortgages, except vacant or abandoned properties. The moratorium on evictions of persons from properties securing FHA-insured single family mortgages, excluding actions to evict occupants of legally vacant or abandoned properties, is also extended for the same period. The bulletin also provides guidance on how mortgagees must report the Default/Delinquency Reason Codes that apply to the borrower at the end of each reporting cycle. The mortgagee must update the code as the borrower’s circumstances change.
The governor of New York issued Executive Order 202.28, extending through June 6 the moratorium on evictions of residential or commercial tenants for nonpayment of rent or foreclosure of a residential or commercial mortgage for nonpayment for a period of sixty days beginning on June 20. The moratorium applies only to properties owned or rented by someone that is eligible for unemployment insurance or benefits or is otherwise facing hardship due to the Covid-19 outbreak.
Massachusetts issues FAQs regarding recently passed law imposing moratoriums on foreclosures and evictions
Massachusetts issued responses to frequently asked questions regarding An Act Providing for a Moratorium on Evictions and Foreclosures During the Covid-19 Emergency, which was signed into law and effective on April 20, 2020. The FAQs provide guidance to borrowers on the foreclosure moratorium and forbearance period under the act and includes a section addressing reverse mortgages. The FAQs also provide guidance to lenders and servicers with respect to implementation of the act.
On April 23, the Illinois governor issued an executive order prohibiting residential evictions, with certain limited exceptions. Law enforcement officers in Illinois are also instructed to cease enforcement of orders of eviction for certain non-residential premises. The executive order does not relieve an individual or entity of an obligation to pay rent or comply with any other obligation in the lease or rental agreement. The executive order will remain in effect for the duration of the gubernatorial disaster proclamations.
On April 16, the Washington governor issued a proclamation extending and amending Proclamation 20-05 (declaring a state of emergency) and related amendments, and amending Proclamation 20-19 (regarding evictions). Effective immediately and until June 4, 2020, landlords, property owners, and property managers of residential dwellings and commercial rental properties in Washington may not, among other things, evict a tenant, assess certain fees, or increase the rate of rent or the amount of any deposit, except in certain limited circumstances.
On March 22, Oregon Governor Kate Brown issued an executive order placing a moratorium on residential evictions for reason of nonpayment during the Covid-19 crisis. The order called the moratorium "both a moral and a public health imperative" for those unable to make payments during the pandemic, and stipulated that evictions will be put on hold for a 90-day grace period.
- Brandy A. Hood to discuss "Ongoing challenges of TRID compliance" at the Mortgage Bankers Association Live: Legal Issues and Regulatory Compliance Conference
- Daniel R. Alonso to discuss "Resisting temptation in a crisis: How to make sure ethics and compliance don't get diluted under financial strain" at a New York City Bar Association webcast
- Daniel P. Stipano to discuss "BSA for BSA seasoned officers" at an NAFCU webinar
- Jon David D. Langlois to discuss "LIBOR transition: Preparations for legal professionals" at a Mortgage Bankers Association webinar
- Garylene D. Javier to discuss "Navigating workplace culture in 2020" at the DC Bar Conference