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Connecticut Department of Banking issues guidance to residential mortgage servicers
On March 18, the Connecticut Department of Banking issued guidance to residential mortgage servicers on Covid-19-related issues. The Department encourages mortgage servicers to work with all borrowers whose ability to make loan repayments may be impacted by Covid-19. Such efforts may include waiving late fees, offering forbearance plans or other deferment options, and having adequate staff available to proactively work with borrowers. Mortgage servicers should also inform their internal and external collection teams regarding the servicers’ policies so that borrowers receive information about possible accommodations. The guidance also notes that Connecticut is extending Small Business Express loans for 90 days, offering a 90-day grace period on making payments, and delaying payment of some business taxes for 60 to 90 days.
Connecticut issues stay at home order
On March 20, the Connecticut Governor issued a stay at home order. The order requires non-essential businesses or not-for-profit entities to reduce their in-person workforces at any workplace locations by 100%. Essential businesses include banks, insurance companies, check cashing services, and other financial institutions. The order is effective from 8:00 PM on March 23, 2020, through April 22, 2020, unless earlier modified, extended, or terminated by the Governor. On March 22, the Connecticut Governor issued a subsequent executive order that clarifies the scope of the original home order. Additional guidance regarding business exemptions under the executive orders has also been released.
Colorado issues executive order limiting evictions and foreclosures
On March 20, the Colorado Governor issued an executive order limiting evictions and foreclosures because of Covid-19. The order requests that $3,000,000 from the Disaster Emergency Fund be made available to the Department of Local Affairs to provide short-term rental and mortgage assistance to low-income households facing financial hardship due to Covid-19. Among other things, the order also directs the Department of Regulatory Agencies (DORA), through the Divisions of Banking and Financial Services, to take steps to encourage banks, credit unions, and other financial institutions that are holding residential or commercial mortgages to halt foreclosures and related evictions in connection with the Covid-19 pandemic. DORA is further directed to encourage financial institutions to provide a 90-day deferment of payment for all consumer loans (e.g., residential and commercial mortgages, refinances, auto loans, small business loans). While some provisions of the order are effective for six months from the date of issuance, most provisions expire within 30 days from March 20, 2020, unless extended by executive order.
Colorado issues executive order and public health order requiring in-person workforce reduction of nonessential businesses
On March 22, the Colorado Governor issued an executive order requiring Colorado employers to reduce in-person work requirements by 50 percent for non-critical workplaces due to the presence of Covid-19. A public health order issued by the Colorado Department of Public Health and Environment subsequently that detailed the critical businesses that may continue to operate as normal. “Critical businesses” include financial institutions such as banks, credit institutions, insurance, payroll and accounting services, and services related to financial markets. The orders are effective through April 10, 2020, unless rescinded or modified.
Connecticut governor extends administrative deadlines during Covid-19 pandemic
On March 25, the governor of Connecticut issued an executive order suspending or extending numerous state administrative deadlines. The order authorizes the head of each administrative department, agency board or commission to suspend any statutory or regulatory time requirements or deadlines as they deem necessary to respond to the Covid-19 outbreak.
Connecticut issues order on remote notarization
On March 23, the Connecticut Governor issued an order to permit any notarial act required under Connecticut law to be performed using an electronic device or process that allows a notary public commissioned in accordance with state law and a remotely located individual to communicate with each other simultaneously by sight and sound, provided that certain conditions set forth in the order are met. This change is effective immediately through June 23, 2020.
Maryland issues industry advisory to mortgage servicers
On March 24, the Maryland Commissioner of Financial Regulation issued an industry advisory to mortgage servicers. The Commissioner strongly urges all Maryland-licensed mortgage servicers to take reasonable steps immediately to mitigate the impact of this crisis on their customers. Such steps may include, among others specified in the guidance, waiving late fees and online telephone payment fees, foregoing credit reporting during the health emergency or reporting payment information to credit reporting agencies in a manner that minimizes the impact of delinquent payment on borrowers’ credit histories, offering forbearance or other options to allow borrowers to defer payments, and reaching out to borrowers proactively to provide information on available assistance. The advisory also reminds servicers that all foreclosures of residential properties and the evictions in Maryland have been stayed in accordance with an order issued on March 18, 2020.
California governor extends tax, licensing deadlines
On March 25, the governor of California issued an executive order intended to provide relief to small businesses. The order provides businesses filing a return of less than $1 million in taxes with a 90-day extension to file first quarter returns and make tax payments. The order also extends by 60 days deadlines for submitting applications, paying fees, and submitting audited financial reports for a number of business licensees, including card rooms and online payer services. The order also suspends the requirements to request and receive the consent of shareholders for shareholder meetings to be held by electronic transmission or by electronic video screen communication.
Massachusetts DOB issues expectations for relief to mortgage borrowers
On March 25, the Massachusetts Division of Banks (DOB) issued a memorandum to financial institutions, mortgage lenders, and mortgage loan servicers outlining the actions the DOB “fully expects” institutions will take to alleviate the impact of Covid-19 on mortgage borrowers. The actions include (i) postponing foreclosures for 60 days; (ii) forbearing payments for 60 or more days; (iii) waiving fees for late payments and online payments for at least 60 days; (iv) refraining from reporting late payments to credit rating agencies for 60 days; (v) offering an additional 60-day grace period for borrowers to complete trial loan modifications; (vi) ensuring borrowers do not experience a disruption of service if a mortgage servicer closes its office; and (vii) proactively reaching out to borrowers to explain the assistance being offered. The memorandum also emphasizes that reasonable and prudent efforts to assist borrowers are consistent with safe and sound banking practices and will not be subject to examiner criticism.
Oklahoma governor issues executive order identifying critical infrastructure sectors
On March 25, the Office of the Governor issued Amended Executive Memorandum 2020-01 to identify additional sectors as critical infrastructure including financial services such as finance and insurance, real estate and leasing services, management of companies, business associations and financial advisory. The Oklahoma Commerce website identifies additional resources for essential business: (i) an Oklahoma Essential Business List, and (ii) an Essential Business Inquiry Form to allow business owners to request clarification for their industry regarding status as an essential business or to request that their industry be considered an essential business.