News & Analysis as of

Mortgages Moratorium CARES Act

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Cadwalader, Wickersham & Taft LLP

Stay Just a Little Bit Longer: Not Jackson Browne but the Statute of Limitations

The Second Department recently held  in Trento 67, LLC v. OneWest Bank, N.A., et. al  that the FHA COVID-19 moratorium constituted a stay of foreclosures for federally-backed mortgages, and thus tolled the statute of...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - May 2021

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended...more

Manatt, Phelps & Phillips, LLP

Sixth Circuit Holds CDC’s Eviction Moratorium Likely Ultra Vires and Unenforceable

The Sixth Circuit Court of Appeals held earlier this week that the CDC is unlikely to prevail on the merits and therefore a ruling from the Western District of Tennessee holding that the federal eviction moratorium “is ultra...more

Rumberger | Kirk

Texas Federal Court Ruled Federal Government Has No Constitutional Power Over Foreclosures and Evictions

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A federal court in Texas has ruled that the federal government has no constitutional power to prohibit real estate foreclosures and evictions pursuant to coronavirus legislation and regulation, calling into question whether...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - UPDATED December 2020

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know (Spanish) - UPDATED December 2020

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As of December 3, 2020- REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - UPDATED November 2020

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know (Spanish) - UPDATED November 2020

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REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106 , suspending evictions...more

Holland & Knight LLP

California Legislative Roundup 2020: Financial Services

Holland & Knight LLP on

Notwithstanding a pandemic-induced winnowing of legislative priorities this year, California has passed a handful of new bills to regulate discrete areas of the financial services industry, including student loan servicing,...more

Bilzin Sumberg

Legal Challenges Greet New Moratorium on Residential Evictions, Foreclosures

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On September 4, the Centers for Disease Control (CDC) imposed a moratorium on residential foreclosures and evictions through the end of this year. The move quickly followed comments by the Trump administration that it would...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - September 2020 Issue #1

CDC To Halt Evictions Through Year-End Using Quarantine Rules In an effort to prevent COVID-19 from spreading, the Centers for Disease Control and Prevention (CDC) intends to use its quarantine authority to halt the...more

Snell & Wilmer

Residential Eviction Protections Under the CARES ACT – What Landlords and Tenants May Need to Know About Eviction Actions

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As part of the federal government’s response to the COVID-19 pandemic, the Coronavirus, Aid, Relief and Economic Security Act (CARES Act) established a 120-day eviction moratorium for evictions based on non-payment of rent...more

McGlinchey Stafford

Federal Agencies Extend Moratoriums Through the End of 2020

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Two federal enterprises who purchase and securitize mortgages, Fannie Mae and Freddie Mac, along with three federal agencies who make, guarantee, and insure mortgage loans, the Department of Housing and Urban Development...more

Bradley Arant Boult Cummings LLP

No Foreclosures or Evictions on Federally Backed Mortgage Loans until 2021

Borrowers with federally backed mortgage loans facing financial difficulty can breathe a little easier today. All of the federal agencies regulating such loans have announced that they will extend the moratoriums on...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know-UPDATED August, 2020

REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which immediately...more

Burr & Forman

South Carolina Moratorium on Evictions and Foreclosures Due to COVID-19

Burr & Forman on

On March 18, 2020 the South Carolina Supreme Court issued an order suspending foreclosures and evictions until May 1.  These suspensions were subsequently extended to May 15th by a Supreme Court Order dated April 30th. ...more

Tucker Arensberg, P.C.

Pennsylvania Housing Finance Agency Launches Programs for Mortgage and Rent Relief

Pennsylvanians facing foreclosure or eviction may apply for assistance under the newly enacted Act 24 of 2020. The Pennsylvania General Assembly directed 175 million of the Coronavirus Aid Relief and Economic Security Act...more

Bradley Arant Boult Cummings LLP

Oregon Passes Mandatory Forbearance Law

On June 30, 2020, Oregon joined D.C., Massachusetts, and New York in passing state-specific COVID-19 mortgage assistance programs into law. This new law further confuses the patchwork quilt of compliance issues for mortgage...more

Mayer Brown

Federal Housing Agencies and GSEs Announce Updates to COVID-19 Relief Measures for Mortgage Loan Borrowers

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In recent weeks, the US federal housing agencies and government-sponsored enterprises (GSEs) that insure, guarantee, or purchase “federally backed mortgage loans” covered by Section 4022 of the CARES Act (Act) have continued...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need to Know

This document is for informational purposes only, is not intended as legal advice, and does not substitute for consulting with a lawyer about specific facts and circumstances. This document does not constitute a solicitation,...more

ArentFox Schiff

DC Council Passes Coronavirus Support Emergency Amendment Act of 2020

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On May 19, 2020, the Council of the District of Columbia unanimously approved the Coronavirus Support Emergency Amendment Act of 2020 (the “Act”), which consolidates the four previous emergency acts adopted by the Council,...more

McGlinchey Stafford

The Federal Foreclosure Moratorium is Extended

McGlinchey Stafford on

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, PL 116-136, enacted March 27, 2020, a federally backed mortgage loan was subject to a foreclosure moratorium from March 18, 2020, through May 17, 2020....more

Ballard Spahr LLP

VA Extends Foreclosure Moratorium

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On May 15, 2020, the U.S. Department of Veterans Affairs (VA) issued Loan Guaranty Circular 26-20-18, dated May 14, 2020, to impose a further foreclosure moratorium on VA-guaranteed loans through June 30, 2020....more

Ballard Spahr LLP

Fannie Mae, Freddie Mac, and HUD Extend Foreclosure Moratorium and Take Other Actions

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On May 14, 2020, Fannie Mae in an update to Lender Letter 2020-02, Freddie Mac in Bulletin 2020-16, and the U.S. Department of Housing and Urban Development (HUD) in Mortgagee Letter 2020-13 extended their foreclosure...more

Akerman LLP

Mortgage Servicing: Joint Statement on the CARES Act and COVID-19

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Updated on April 28, 2020 - On April 3, the Federal Reserve, OCC, FDIC, CFPB, NCUA, and the Conference of State Bank Supervisors (Agencies) issued a joint statement intended to provide flexibility to mortgage servicers who...more

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