California: State Controller Betty Yee on March 27, 2020, suspended the Franchise Tax Board’s (FTB) collection on debt imposed by state and local governments, including the juvenile and criminal legal systems and superior courts (traffic violations, infractions). Late Fee Waivers Mortgage lenders and servicers will not charge late fees for specified periods. Just click here. Oregon (evictions), Governor’s Executive Order 20-11 (March 22, 2020) places a ninety-day hold on evictions for non-payment of rent. Maine (judicial foreclosure): State of Maine Judicial Branch, COVID-19 Phased Management Plan (May 27, 2020): no proceedings will be scheduled or heard for foreclosure and eviction cases through July 31, 2020. New Mexico (manufactured home park evictions): The New Mexico Supreme Court has issued order No. She called her servicer at the end of June to extend her forbearance for another 3 months - July, August, and September 2020. The federal regulators that oversee federal banks are encouraging banks to work with their customers to help them meet their financial needs, including waiving certain fees, increasing credit limits for some borrowers, and offering payment accommodations including modifying terms on current loans due to temporary financial hardship due to COVID-19. • 03.14.30.02 Authorizing the call of the Georgia National Guard to State Active Duty for preparation and response for Novel Coronavirus (COVID-19) • 03.16.20.01 Closing public elementary, secondary, and post-secondary schools from March 18, 2020 to March 31, 2020 to stop the spread of COVID-19 For an individual, this includes job loss, reduction in income, closure of place of employment or missing work for childcare reasons. These unregulated utilities would be covered if the order is issued by a governor, and that state’s laws give the governor broad enough power to cover not just the regulated companies but virtually any business, and if the wording of the order/proclamation makes it clear that it applies to ALL utility providers. This state tracker is being updated frequently. New residential foreclosures and foreclosures of right to redeem after tax sales “shall be stayed upon filing.” Order to be revised “as circumstances warrant.”. See CARES Act § 4023. The number of known coronavirus cases in the District, Maryland and Virginia stands at 5,535 on Friday, with 2,759 cases in Maryland, 2,015 in Virginia and 761 in the District. April 13, 2020 Guiding the Response of Circuit Courts Sitting as Juvenile Courts to the COVID-19 Emergency as it Relates to those Juveniles who are Detained, Committed Pending Placement or in Commitments Meetings already noticed as telephonic meetings may proceed as scheduled.”. See CARES Act § 3513(a). Free credit reports: The major 3 credit reporting agencies, Equifax, TransUnion, and Experian, are offering free weekly credit reports through April 2021. For more on federal government collection of debts, see NCLC’s Collection Actions Chapter 10. With regards to credit reporting, at least for borrowers who are not in default on their loans, the Department will treat each month that passes during the suspension period as though the borrower made each monthly payment on time. Wisconsin, the Department of Financial Institutions has announced that payday and licensed lenders risk license suspension or revocation for increasing interest rates, fees, or costs of borrowing in response to COVID-19. Oregon, Judicial Department has issued an order suspending the collection of court fees, fines, and costs, including imposing late fees, suspending driver licenses for nonpayment, imposing collection fees, referring new cases to collection, garnishing court debt. The provision lasted until May 17, 2020. This provision applies to any case filed before or after enactment of the CARES Act. See this industry report. Many debtors will lose income and not be able to stay current with plan payments. See § 3513(g). COVID-19, also known as the coronavirus, has unsettled the stock market and cast a pall of doubt over businesses both large and small. Nevada explicitly defines collectors as a non-essential business, but West Virginia’s order provides that they are an essential business. Beginning August 1, 2020, the Department will send out a minimum of six notices alerting borrowers that their loans are about to re-enter repayment. Maryland Issues Moratorium on Repossessions, Evictions Gov. 3.18 to expand the prohibition against price gouging from covered petroleum products to now include “any goods or services necessary for the health, safety, or welfare of the public.”. A bank-by-bank listing of virtually all banks and the actions each bank is voluntarily taking. 4 pursuant to Executive Order No. The order expressly provides that a tenant’s or cohabitant’s diagnosis of COVID-19 or testing for COVID-19 shall not constitute a “clear and imminent danger” for purposes of this statute permitting an action for breach of lease, thereby preempting any landlord argument for eviction on this basis. Finally, the order lifts the lending limits on Maryland state-chartered banks and credit unions for a particular transaction or series of transactions if the Commissioner finds that doing so would not reasonably be expected to impair the safety or soundness of the bank or credit union, as applicable. Click any NCLC title below to start reading now. At ARA we are committed to providing you the most up-to-date resources on the COVID-19 crisis that matter most to you and your business. NPR is tracking coronavirus-related developments in all 50 states, Puerto Rico and the District of Columbia so you can read up on your state's COVID-19 … As of December 20, 2020, the Maryland Department of Health (MDH) reported 250,808 positive cases and 5,279 confirmed deaths in the state, with 9,114 patients released from isolation. There are record numbers of unemployment claims, and businesses remain shuttered as people stay at … Osage County, Oklahoma on March 16 placed a hold on most outstanding warrants. For help to see if a tenant qualifies for CARES Act protections because Fannie or Freddie back the owner's mortgage, use Fannie Mae’s Multifamily Loan Lookup Tool and Freddie Mac’s Multifamily Loan Lookup Tool. • Other emergency business closure proclamations may limit competitive suppliers’ person-to-person sales contacts as well. The Proclamation also directs the state’s Division of Banking and Division of Credit Unions to immediately engage with banks, credit unions, mortgage bankers, and mortgage services “to identify any tools, means, or methods that could be used to relieve Iowans from the threat of foreclosure.”. Coronavirus/COVID-19: Industry Guidance and Resources - Financial Regulation (This page is … Foreclosure and eviction cases will not move through the courts amid COVID-19. Alabama (nonjudicial foreclosure): Governor’s Sixth Supplemental State of Emergency Proclamation (April 3, 2020) directs state, county, and local law enforcement officials to cease enforcement of any order that would evict an individual for from a residence for nonpayment of rent or mortgage payments. The COVID-19 pandemic is creating upheaval in people’s lives, especially the most vulnerable, and NCLC is working with allies, government officials, and businesses, to help. During this time, SSA benefit payments will not be offset to satisfy delinquent federal non-tax debts in the U.S. Treasury Offset Program. Florida (judicial foreclosure): Governor’s Executive Order No. WASHINGTON, DC – Congressman Steny H. Hoyer (MD-05) and Members of Maryland’s Congressional Delegation, including U.S. (Revised December 7, 2020) Note: Many banks agree to waive various fees for customers upon request. Theoretically, a landlord could bring an action for repossession due to rent default, and not learn until a court proceeding that a tenant has suffered a Substantial Loss of Income. Skip directly to main content Skip directly to footer. Credit Reporting Mortgage lenders and servicers will not report negative information to the credit bureaus relating to payment deferrals consistent with the CARES Act. NACo is collecting examples of how member counties are using their resources and tools to help better equip residents to weather the financial impacts of COVID-19 and provide them economic opportunity in recovery as a resource for counties across the county. All signers on the loan need to be served by certified or registered mail. Because stimulus payments are refundable tax credits, they may be property of the debtor's bankruptcy estate depending in part on the timing of when they are received, not unlike the receipt of tax refunds and EITC payments. Federal Reserve, FDIC, NCUA, OCC, CFPB, and the Conference of State Bank Supervisors have issued an Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (March 22, 2020) . The order suspends any self-help remedy under the Maryland Commercial Law Code or any rule or regulation that would permit a creditor to repossess any car, truck or personal property used as a residence until the state of emergency is terminated and the health emergency is rescinded. Maryland Delegation Members Join Maryland Attorney General Frosh’s COVID-19 Access to Justice Task Force. Montana (non-judicial foreclosures): Governor’s Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to limit foreclosures, evictions, and disconnections from service (March 30, 2020): Effective through April 10, but now extended through at least April 24, 2020, suspends evictions, tenancy non-renewals (requiring at least month-to-month tenancies), late fees, rent increases, credit reporting for non-payment, foreclosure sales, other foreclosure actions, or foreclosure-related evictions. Illinois: Governor’s Executive Order 2020-16 (March 26, 2020) prohibits self-help repossessions from March 27, 2020 through the end of the declared emergency. NCLC’s Surviving Debt is a 288-page book on advice to families in financial difficulties covering most forms of consumer debt. For the duration of the state of emergency, the Amended and Restated Order extends the “Substantial Loss of Income” protections from eviction to residential and commercial tenants alike, and provides for a blanket suspension of self-help repossession remedies for vehicles and personal property that serves as residence and a prohibition on the initiation of residential foreclosures. Pillsbury’s experienced crisis management professionals are closely monitoring the global threat of COVID-19, drawing on the firm’s capabilities in supply chain management, insurance law, cybersecurity, employment law, corporate law and other areas to provide critical guidance to clients in an urgent and quickly evolving situation. For more detailed information or analysis on state legislative efforts by topic, please visit NCSL Coronavirus (COVID-19) Resources for States. A digital version is FREE during the COVID-19 emergency. The National Housing Law Center provides a website with extensive materials on tenant protections during the current crisis. 106 (March 19, 2020) suspends evictions and enforcement of eviction orders (allowing proceedings to continue up to that point), effective until at least two months after the emergency expires. Though portions of America’s economy have made a stunning comeback since the early days of the coronavirus pandemic, many segments continued to be pummeled by shutdowns, operating restrictions, reduced consumer demand, and long-term changes in how they do business. Important Note re Municipal Utilities and Rural Electric Cooperatives (RECs): In a few states, the state PUC’s billing and termination rules apply to municipals, but, as a general rule, municipal utilities and RECs are not regulated by the state’s PUC. Michigan (nonjudicial foreclosure), Governor’s Executive Order 2020-19 (March 20, 2020, effective April 17, 2020): Bars execution of eviction process against tenants, vendees under executory contracts (installment land sale contracts) and manufactured home owners. Saving Lives, Protecting People Centers for Disease Control and Prevention. NYSDFS emergency regulations will modify or restrict ATM, overdraft and credit card late fees charged by licensed or regulated entities. The Maryland Real Property Code permits a landlord to bring an eviction proceeding for breach of the lease if the behavior of the tenant or cohabitant demonstrates a “clear and imminent danger” of doing harm to themselves or others. Maine courts have vacated all outstanding warrants for unpaid court fines and fees and for failure to appear for hearings. Within ten business days regulated institutions must provide an application process for borrowers. Not affected are other parts of the regulation prohibiting garnishment, repossessions, in-person visits or other creditor remedies. Iowa (judicial foreclosures): Governor’s Proclamation (April 27, 2020), Section 99 of part 2 of the Proclamation continues temporary suspension of provisions of the Iowa Code allowing for the commencement of proceedings, or the prosecution of ongoing foreclosure proceedings on residential, commercial and agricultural real property. Washington State is a good example. Mortgage Servicing and Loan Modifications. The first chapter of each treatise’s digital version is also available free to the public. See § 4022(a)(2). Federal Bank Regulators have announced (April 14, 2020) relaxation of appraisal rules. 20-94 (April 2, 2020) suspends and tolls operation of Florida foreclosure statutes for 45 days. Vermont (judicial foreclosure): VT Supreme Court Administrative Order No. 2020-28, (April 30, 2020) through the earlier of May 31 or until State of Disaster Emergency expires. © Copyright, National Consumer Law Center, Inc., All rights reserved. Another issue is that debt collectors may be calling from out-of-state, and thus whether they should be closed may depend on a closure order in their state of residence and not the state where the consumer resides. This is largely duplicative of CARES Act student loan provisions for Direct Loan and certain FFEL student borrowers but it also protects other student loan borrowers and others owing government debts, such as those owing mortgage deficiency judgments arising from FHA loans. Determining if a Mortgage Loan Is Federally Backed: The CARES Act foreclosure and forbearance provisions apply only to “federally backed mortgages.” In addition, prior to CARES Act enactment different federally backed mortgage investors had announced different foreclosure policies (see “Links to Foreclosure Suspensions by Federally Backed Mortgage Investors in Effect Prior to the CARES Act,” infra). For example, Anchorage Alaska's water and wastewater utility and Anchorage’s Municipal Light & Power have declared a moratorium on all shutoffs. Community and close contact exposures continue to drive the coronavirus disease 2019 (COVID-19) pandemic. CARES Act Relief for Federal Student Loan Borrowers: CARES Act § 3513 provides relief for student loan borrowers with Direct Loans and FFEL loans currently owned by the U.S. Department of Education. Eversource will not remove a customer from the AMP, even if the customer misses payments during the emergency. Any tenant’s or cohabitant’s diagnosis of COVID-19 shall not be a “clear and imminent danger” under Maryland statute permitting eviction. Since debt collectors in Washington are only licensed to work at their designated collection offices, this should stop Washington State debt collectors from communicating with consumers. This provision applies to any chapter 13 case in which the plan was confirmed before enactment of the CARES Act. Few things in life are as demoralizing as realizing you can’t pay all of your bills. Maryland’s current stay on certain evictions won’t be enough to help many of those facing evictions, Dels. Borrowers with Perkins loans or FFEL loans held by banks or guaranty agencies are not protected by the CARES Act. A state-by-state list of eviction moratoria is now published by the National Housing Law Project, researched by students at Columbia and University of Pennsylvania. “Every insurance company is saying ‘hey, we won’t cancel you,’” Mitchell says. See § 4022(b), (c)(1). • Arizona (cooperative agreement with the state’s largest electric utilities); [Note also that the California Public Utility Commission voted unanimously to adopt a Phase I decision in the proceeding, • West Virginia (regulators are “urging” utilities to suspend disconnections); and. District of Columbia (nonjudicial foreclosure): D.C. Superior Court Order (May 14, 2020) stays all evictions and foreclosures “to the extent required by statute.”. Colorado (nonjudicial foreclosure authorized by court), Governor’s Executive Order 2020-12 (March 20, 2020), effective for 30 days, extends for 30 days the deadlines to cure and to redeem under Colorado foreclosure statute. This appendix from NCLC’s Collection Actions is free to the public only for a limited time during the current emergency. Saving Lives, Protecting People . 49 (March 16, 2020, as amended through May 13, 2020) removes suspension of non-emergency proceedings with scheduling starting May 18, 2020 and hearings starting June 1, 2020. • Grace period of fine payment from March 18-31, 2020. Kansas (judicial foreclosures), Governor's Executive Order 20-10 (March 23, 2020): Suspends new foreclosure proceedings and evictions, but does not affect pending foreclosures, extended by Governor’s Executive Order No. CARES Act § 1113(b) permits a debtor who has experienced a material financial hardship due, directly or indirectly, to the COVID-19 pandemic to seek a modification of the plan that will extend the period of time for payments on claims for up to seven years after the date the first payment was due after plan confirmation. Modified by Governor’s Emergency Order No. • To determine if a loan is FHA-insured, look for an FHA case number on the mortgage document, specific language in the mortgage and note forms, or through the payment of an FHA premium on the mortgage statement. Mississippi (evictions): Governors Executive Order No. The suspension applies for the duration of the emergency proclamation or any future extension of the suspension. This policy will go into effect immediately. Voluntary Company Suspension of Utility Terminations: Even when not required by the state commission, a number of utilities are suspending terminations, including but not limited to: Ameren, American Electric Power, Dominion Energy, Duke Energy, Evergy, FirstEnergy, Georgia Power, NV Energy, PECO, PG&E, Southern California Edison, and Xcel Energy. Additional updated information can be found here. That brings the state's total to 3,609. Adds provisions regarding landlord/tenant evictions. Massachusetts Attorney General just issued an emergency regulation, amending 940 Code Mass. Closure of courts to in-person hearings and limits on telephone/video hearings to essential matters may place a hold on judicial foreclosures, manufactured home replevin actions, collection lawsuits, and requests for post-judgment remedies. Self-help and advocate eviction pleadings and forms: Go to lawhelpinteractive.org, click on the state on the map and search for self-represented or advocate materials. No debt collector during that period shall communicate with the consumer. Readers are encouraged to email publications@nclc.org with additional protections that have been enacted in their state, county, or municipality. The National Employment Law Project has a helpful fact sheet on CARES Act provisions providing protections to employees. Certain exceptions apply. How do I report suspected price-gouging in stores or from online sellers to your office?​​ Please … NCLC during this emergency is making available to the public for free the digital version of NCLC’s most popular publication, Surviving Debt (2020). Alert Overall, this voluntary agreement appears to be weaker than what the CARE Act requires the banks to do for federally related mortgages. Puerto Rico: R.C. The Office of the Commissioner of Financial Regulation CANNOT accept walk-in traffic at this time. 03.23.20. Alaska (nonjudicial foreclosure): Senate Bill 241 includes a moratorium on evictions (sec. The Appraisal Institute and the Appraisal Foundation have extensive information on how COVID-19 is affecting appraisers. Issued in response to Governor’s Executive Order 202.9 (March 21, 2020). The Governor notes that Iowans should not expect any further extension past May 27, 2020. It includes 24 categories of information concerning eviction for each state. For more information, see materials by the Office of the Comptroller and the Federal Deposit Insurance Corporation. New Jersey (judicial foreclosure): Governor’s Executive Order No. Delaware (judicial foreclosure): Governor’s Fourteenth Modified Declaration of State of Emergency (April 30, 2020) extends until further notice the March 24th Governor’s Modified Declaration of State of Emergency. A representative sample of Facebook users is invited on a daily basis to report on symptoms, social distancing behavior, mental health issues, and financial constraints. If the creditor fails to do this, you are absolved of the responsibility for repossession fees. District of Columbia: D.C. Act 23-286 Section 207 (April 13, 2020) during the emergency and for sixty days thereafter, no creditor or collector shall initiate or threaten a collection lawsuit; initiate, threaten, or act upon a garnishment, seizure, attachment, or repossession; visit, threaten to visit, or confront the consumer in person. A debt collection industry trade association, ACA International, has a list providing for a number of states links to and summaries of business closure orders. Kentucky (evictions), by Governor's Order 2020-257 (March 25, 2020): All evictions are suspended, and all government officers are directed to cease enforcement of eviction orders for the duration of the emergency. Iowa (judicial foreclosures): Executive Proclamation of Disaster Authority (April 2, 2020) Section 65 of the Proclamation continues the temporary suspension of provisions of the Iowa Code allowing for the commencement of foreclosure proceedings, or the prosecution of ongoing foreclosure proceedings, on residential, commercial, and agricultural real property located in the state. Moratorium on Residential Foreclosure Initiation While the Maryland Courts have temporarily stayed pe… While Illinois and Minnesota do not treat debt collectors as essential businesses, and state law prohibits debt collectors from calling debtors from the collectors’ homes, the states have issued interpretations allowing collectors to do so. See. More About Utility Suspensions: Some of the above mandated and voluntary suspensions of service also apply to suspension of late fees, but others do not. 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