Houser LLP — COVID-19 — Resource and Legal Team

Houser LLP is monitoring the developments of COVID-19 to prepare for and handle any issues that impact our clients, firm, colleagues, and families. We have implemented a team of attorneys and legal staff to keep our firm and clients well informed.

Our firm is taking every precaution to flatten the curve and limit the spread of the virus by remote work from home for attorneys and support staff, while remaining fully operational for our clients.

We are ready to advise clients on how to best approach issues raised by this public health crisis. We will provide updates in real time to address COVID-19 related issues.

This website includes information as it develops at the Federal, State and Local levels across the Country with a focus on the States home to Houser LLP’s employees and offices.

FEDERAL NEWS

Updated: May 14, 2020

All FHA loans, including Fannie Mae and Freddie Mac, are suspending foreclosure activities including sales and evictions through June 30, 2020.

On May 12, 2020, the House of Representatives unveiled the Health and Economic recovery Omnibus Emergency Solutions Act or HEROES Act. This Act includes a six-month proposed foreclosure moratorium and forbearance provisions from the CARES Act and will, if passed, extend those provisions to all mortgages or deed of trusts, not just those that are federally-backed. To address the liquidity concerns that such a moratorium and forbearance would raise nationally, the HEROES Act would also provide liquidity to servicers of these loans. Several Republicans in the Senate have gone on record stating that the HEROES Act will not pass the Senate. The HEROES Act is set for a House vote on Friday, May 15.

 

Updated: April 27, 2020

Letter to the Financial and Housing Agencies to Stabilize the Mortgage Market

In a letter dated April 23, 2020 addressed to the federal financial and housing agencies, 27 Democrats requested that the agencies take action to stabilize the mortgage market during the Covid-19 crisis. Whenever a borrower does not make payments, the mortgage servicer must advance the payment out of its own funds. If millions of Americans use the forbearance period allowed in the CARES Act, mortgage servicers will run out of money quickly, resulting in a cascade of problems repeated from the last recession. The letter recommends the agencies take three steps to combat this, including to create a liquidity facility that mortgage servicers can borrow from in order to fund advanced payments. Letter to the Financial Housing Agencies to Stabilize the Mortgage Market

 

MBA Survey Shows Spike in Loans in Forbearance and in Servicer Call Volume

On April 7, 2020, Bloomberg reported that Mortgage Bankers Association’s survey found that loans in forbearance grew to 2.66% as of April 1. On March 2, that number was 0.25%. The survey also found that the average wait time for a call to a servicer is now 18 minutes. Less than 3 weeks ago, the average wait time was less than 2 minutes. Servicers are being flooded with calls for forbearance.

The MBA’s chief economist said that “[t]o ensure that millions of Americans receive the support they need during the pandemic, it is incumbent upon the government to provide a lending facility to support the mortgage forbearance burdens placed on single-family and multifamily servicers, as they still need to forward principal and interest payments to investors.” MBA leaders continue to call on Congress to establish a liquidity facility to support the delivery of extended mortgage forbearance to borrowers by mortgage servicers.

 

On March 27, 2020, President Trump Signed the CARES Act (Coronavirus Aid, Relief and Economic Security):

The CARES Act provides a consumer right to request for forbearance on federally-backed mortgage loans for those directly or indirectly impacted by the Coronavirus. Forbearance may be granted for up to 180 days, which may be extended another 180 days.

The CARES Act places a 120-day eviction moratorium on single-family properties that participate in certain federal programs or are financed by federally insured, guaranteed, supplemented, or assisted mortgages, including mortgages purchased or securitized by governmental-sponsored entities.

The CARES Act extends $454 billion in loans to businesses, states, and cities especially impacted by the Coronavirus. As reported by the Washington Post, the mortgage servicer industry is seeking a portion of the $454 billion loan facility to provide liquidity to servicers during the Coronavirus crisis: President Trump Signed CARES Act

 

Updated: March 18, 2020

Fannie Mae and Freddie Mac Announce Foreclosure Moratoria, Loss Mitigation and Credit Reporting Guidance

Pursuant to Fannie Mae Lender Letter (LL-2020-02) dated March 18, 2020: “Servicers must suspend all foreclosure sales for the next 60 days. This foreclosure suspension does not apply to mortgage loans on properties that have been determined to be vacant or abandoned.”  Fannie Mae Moratoria

Pursuant to Freddie Mac Single Family Bulletin (2020-4) dated March 18, 2020: “Servicers must suspend all foreclosure sales for the next 60 days. This foreclosure suspension does not apply to Mortgages on properties that have been determined to be vacant or abandoned.” Freddie Mac Foreclosure Moratoria

 

Updated: March 18, 2020

HUD Announces Moratorium on Foreclosures and Evictions and Extension of Deadlines

Pursuant to the U.S. Department of Housing and Urban Development’s Mortgagee Letter (2020-04) dated March 18, 2020: “Properties secured by FHA-insured Single Family mortgages are subject to a moratorium on foreclosure for a period of 60 days. The moratorium applies to the initiation of foreclosures and to the completion of foreclosures in process. Similarly, evictions of persons from properties secured by FHA-insured Single Family mortgages are also suspended for a period of 60 days. In addition, deadlines of the first legal action and reasonable diligence timelines are extended by 60 days.”  HUD Announces Moratorium on Foreclosures and Evictions

 

STATE NEWS (impacting Houser LLP jurisdictions)

Updated: May 8, 2020

Arizona

  • State of Emergency Declared: https://azgovernor.gov/sites/default/files/declaraton_0.pdf
  • Arizona’s Governor issued an Executive Order extending Arizona’s Stay Home, Stay Healthy, Stay Connected Order until May 15, 2020. Under the order, retail businesses currently not operating can begin curbside pick-up on Monday, May 4, followed by expanded in-person operations on Friday, May 8 as long as they implement social distancing and sanitation measures established by the United States Department of Labor or the Arizona Department of Health Services.
  • The Order does not impact the operation of the courts, and attorneys are deemed “essential services” so it does not prevent attorneys from continuing to practice.
  • Courts remain open, but the Arizona Supreme Court issued an administrative order directing courts to “conduct business in a manner that reduces the risk associated with this public health emergency.”   The Order then specifies eleven specific examples, including ordering that empaneling of petit juries scheduled for March 18, 2020 through April 17, 2020 be rescheduled, using video conferencing/teleconferencing “as much as possible,” amongst other guidelines.
  • The Arizona Court of Appeals issued an order that all oral arguments will be conducted telephonically.
  • Courts in specific counties and municipalities have issued various orders limiting services and operations, and permitted remote appearances.  The universal theme is to promote telephonic appearances and reschedule hearings/appearances when possible.
  • The US District Court of Arizona has suspended all grand jury proceedings until April 17 and there were reports of court personnel being tested for COVID-19 exposure, including an excused juror.
  • All non-case related activities in the federal courts have been canceled until further notice.
  • On May 8, 2020 the Arizona Supreme Court issued an order replacing its prior April 24, 2020 order. The 13-page order sets forth new guidelines and procedures, setting a June 2020 target for resuming “in-person” proceedings, but gives superior court judges discretion to determine for their own courts how in-person court proceedings and courthouse activities are to be phased-in and conducted in a manner that protects the health and safety of all participants.  In addition, starting May 8 cosmetologists and barber shops are permitted to resume appointment-based services, and starting May 11 restaurants and coffee shops are permitted to resume dine-in services with physical distancing measures.
  • General Order 20-6 was signed and entered on April 21, 2020 in regards to Amended Bankruptcy Rule 1020 and can be found here: http://www.azb.uscourts.gov/news/general-order-20-6-entered-regarding-amended-interim-bankruptcy-rule-1020

Updated: May 4, 2020

California

  • State of Emergency Declared: https://www.gov.ca.gov/wp-content/uploads/2020/03/3.4.20-Coronavirus-SOE-Proclamation.pdf
  • California Bankruptcy Courts have implemented new e-filing events for filing notices of mortgage forbearance under the CARES Act. Parties may electronically file notices of mortgage forbearance for any existing claims or hearings.
  • Federal Central District is closed through June 1, 2020. All civil and bankruptcy matters will be heard electronically through telephonic or videoconferencing systems. All civil jury trials are suspended through June 1, 2020.
  • Federal Eastern District and Eastern District Bankruptcy Courts through June 1, 2020 are closed to the public. All civil matters will be decided on the papers. Any necessary hearings will be heard telephonically.
  • Northern Federal District and Northern District Bankruptcy Courts through May 1, 2020 are closed to the public. All civil matters will be decided on the papers. Any necessary hearings will be heard telephonically. Any trial dates currently scheduled are vacated.
  • Federal Southern District and Southern District Bankruptcy Courts will remain open. All jury trials are continued until May 16, 2020. Individual judges are granted discretion to conduct hearings and are encouraged to conduct hearings telephonically.
  • Parties in the Federal Southern District are excused from making personal appearances in court for civil hearings unless ordered to appear. Individual judges retain discretion to conduct hearings telephonically or continue hearings.
  • In response to the Region 15 United States Trustee’s (“UST’s”) Notice RE: Section 341 Meeting of Creditors continuing all § 341 meetings, and the UST’s request that certain deadlines contained in the Federal Rules of Bankruptcy Procedure (“Rules”) and 11 U.S.C. § 1308 be temporarily extended to accommodate logistical challenges related to the COVID-19 pandemic. Administrative Order 20-3 can be found here.
  • The guidelines previously issued have been amended to reflect changing conditions as the court gains experience with mandatory telephonic hearings. The amended guidelines can be found here.
  • California has reached an agreement with Citigroup, JPMorgan Chase, U.S. Bank, Wells Fargo, and nearly 200 state-chartered banks, credit unions, and servicers to address financial hardships incurred as a result of the COVID-19 crisis. California residential homeowners may be eligible for:
  • 90-day mortgage forbearance;
  • 90-day waiver of late fees and other fees;
  • 60-day moratorium on foreclosures and evictions; and
  • Relief from derogatory credit reporting.
  • Additional information is available at:

https://www.gov.ca.gov/2020/03/25/governor-gavin-newsom-announces-major-  financial-relief-package-90-day-mortgage-payment-relief-during-covid-19-crisis/.

https://covid19.ca.gov/get-financial-help/#top

  • California’s Governor “requested” that all “financial institutions” voluntarily hold off on foreclosing or evicting those impacted by the COVID-19 threat. The request appears to only apply “when the foreclosure or foreclosure-related eviction arises out of a substantial decrease in household or business income or substantial out-of-pocket medical expenses, which were caused by the COVID-19 pandemic, or by any local state or federal government response to COVID-19.” https://wclp.org/joint-statement-on-governor-newsoms-march-16th-executive-order-regarding-covid-19-and-housing/
  • California Superior Courts have suspended all jury trials through May 22, 2020.
  • Los Angeles County State Courts are closed through May 12, 2020 unless they concern emergency and essential matters. All civil matters and trials are suspended through May 12, 2020. Only essential personnel are permitted in courthouses through June 22, 2020. All unlawful detainer matters continued indefinitely without determination. Orange County State Courts are closed through May 22, 2020 unless they concern emergency and essential matters. All civil matters and trials are suspended through May 22, 2020 and will be re-noticed by the court.
  • San Jose State Courthouse will be closed to staff and the public entirely, effective March 24, 2020, until April 7, 2020.
  • The U.S. District Court for the Northern District of California has consolidated and relocated all essential court proceedings to the San Francisco Courthouse at 450 Golden Gate Avenue, effective March 26, 2020 until April 7, 2020.
  • The San Jose, Oakland, and Eureka-McKinleyville courthouses are entirely closed to the general public from Thursday, March 26, 2020 until April 7, 2020.
  • There are 58 counties in California State Courts. Please refer to the following link for the dates and restrictions on each county or please contact our COVID-19 team. https://newsroom.courts.ca.gov/news/court-emergency-orders-6794321
  • California Supreme Court and Appellate Courts have indefinitely suspended all in-person oral arguments. All oral arguments will be conducted via telephonic or videoconference. All electronic filings are permitted.
  • Courts may not issue summons, enter default, or set trial for unlawful detainer actions unless it is necessary to protect public health and safety until 90-days after the Governor has lifted the state of emergency related to the COVID-19 pandemic.
  • All judicial foreclosure actions, including any action for a deficiency judgment, are stayed unless it is necessary to protect public health and safety until 90-days after the Governor has lifted the state of emergency related to the COVID-19 pandemic.
  • California Appellate Courts have extended the deadline 30-days for any action whose deadline falls within the following time periods:
  • 1st District – 3/18/2020 through 5/18/2020
  • 2nd District – 3/20/2020 through 5/18/2020
  • 3rd District – 3/20/2020 through 5/18/2020
  • 4th District – 3/19/2020 through 5/18/2020
  • 5th District – 3/23/2020 through 5/18/2020
  • 6th District – 3/18/2020 through 5/18/2020
  • https://www.cmba.com/covid-19/

Updated: April 27, 2020

Connecticut

  • State of Emergency Declared: https://portal.ct.gov/Office-of-the-Governor/News/Press-Releases/2020/03-2020/Governor-Lamont-Submits-Request-for-Presidential-Major-Disaster-Declaration
  • Consistent with the U.S. Department of Housing and Urban Development’s recently enacted 60-day moratorium on foreclosures and evictions, all foreclosure sales previously scheduled to have occurred in April or May are hereby rescheduled to Saturday, June 6, 2020, with no appointed Committee to begin working on the sale (i.e. place foreclosure signs on properties, etc.) prior to May 1, 2020. The judgment in any foreclosure action in which the Court set a “law day” to run on any date in April or May is hereby amended with the first law day now set for June 2, 2020. There shall be an immediate stay of all issued executions and ejectments through May 1, 2020. Finally, all civil trials, trial management conferences, pre-trials, status conferences, J-ADR mediations and short calendars, arguable and non-arguable, have been cancelled so long as Judicial Branch operations are limited to Priority 1 functions only. Per order of Hon. James W. Abrams, Chief Administrative Judge for Civil Matters.
  • Appellate and Supreme Court: Appellate briefing deadlines are suspended until further notice and no briefs are to be filed.
  • Federal Courts: All in person appearances between now and June 15, 2020 are continued.
  • All Jury trials scheduled between now and May 15, 2020 are continued.
  • Parties are permitted to electronically file documents.
  • Bankruptcy courts are continuing all in-person section 341 meetings through April 10, 2020.
  • Federal Appellate Courts: Oral argument will be held using a teleconference platform or parties can submit for a determination on the papers. All filing deadlines are tolled 21 days, effective through May 17, 2020.

Updated: May 14, 2020

Massachusetts

  • State of Emergency Declared: https://archives.lib.state.ma.us/bitstream/handle/2452/824410/ocn456714827-2019-eo591.pdf?sequence=1&isAllowed=y
  • All courthouses continue to be closed to the public until at least June 1, 2020, except to conduct emergency hearings that cannot be resolved virtually. The courts will attempt to identify non-emergency matters they can address virtually.
  • All statutes of limitation are tolled from March 17, 2020, through May 31st, 2020.
  • All non-emergency cases are continued until June 1, 2020.
  • Orders, such as TROs, set to expire prior to June 1, 2020, shall remain in effect until the matter is rescheduled and heard. All matters scheduled for oral argument before the Appeals Court in April shall be deemed submitted on the briefs on file, without any further argument unless otherwise ordered by the Court in a particular case.
  • Unless otherwise ordered by the applicable court, all deadlines set forth in statutes or court rules, standing orders, tracking orders, or guidelines that expired or will expire between March 16, 2020, and June 1, 2020, are tolled until June 1, 2020, and the new deadline in each instance is calculated based on adding how many days remained on the original deadline after March 16, 2020 to June 1, 2020. For example, if a rule set a thirty (30) day deadline and twelve (12) days remained after March 16 before that deadline was reached, then twelve (12) days will continue to remain as of June 1, before the new deadline is reached (i.e. June 15, because June 13 is a Saturday). This also applies to all deadlines established by a court in a particular case on or before March 16, 2020, that expire between March 16, 2020, and June 1, 2020.
  • The due dates for filings in the Massachusetts Appeals Court not governed by statute, i.e. briefs and status reports, are tolled to June 1, 2020.
  • On April 20, 2020, Massachusetts Governor Charlie Baker signed H.4647 (the “Massachusetts Eviction and Foreclosure Moratorium Act” or the “Act”) into law.
    • Evictions
      • The Massachusetts Eviction and Foreclosure Moratorium Act establishes a temporary moratorium on all but “emergency” evictions and foreclosures in response to Governor Baker’s Executive Order Number 591 issued on March 10, 2020.
      • The Act’s moratorium extends for 120 days after April 20, 2020, the date the Governor signed the Bill, or forty-five (45) days after the emergency order is terminated, whichever is sooner. The Governor may extend the moratorium, but each extension may be no longer than ninety (90) days and the moratorium may not extend later than forty-five (45) days after the emergency order is terminated.
      • The Act limits the moratorium to “non-essential evictions” of residential and certain small business tenants. The moratorium prohibits evictions of residential tenants and tenants in a “small business premises unit” due to (i) failure to pay rent, (ii) foreclosure, or (iii) causes that are not “emergency causes of action,” defined as any eviction that involves allegations of criminal activity or lease violations that are detrimental to the health and safety of other residents, health care workers, emergency personnel, anyone who is lawfully on the property, or the general public.
      • During the moratorium, for non-essential evictions, landlords and owners may not terminate a residential tenancy, or send a residential tenant a notice to quit or any other notice requesting or demanding that the tenant vacate the premises.
      • The Act’s moratorium also applies to non-essential evictions of residential and small business premises units in all Massachusetts courts with jurisdiction over summary process actions under M.G.L. chapter 239. Except for emergency evictions, courts may not (i) accept a writ, summons, or complaint, (ii) enter a judgment, default judgment, or execution for possession, (iii) issue an execution for possession, (iv) deny a tenant’s request for a stay of execution or continuance of a summary process case, or (v) schedule any court event, including a summary process trial. All deadlines and time periods related to any non-essential eviction of a residential or small business premises unit summary process action (e.g. date to answer a complaint, appeal a judgment, etc.) are tolled during the moratorium. Indeed, no sheriff, constable or any other person may enforce a non-essential eviction of a residential or small business premises unit during the moratorium.
    • Foreclosure
      • The Act’s moratorium also prevents lenders, creditors, and mortgagors of residential property from (i) publishing a foreclosure sale, (ii) exercising a power of sale or right of entry, (iii) initiating any foreclosure procedures, or (iv) filing a complaint to determine a mortgagor’s military status.
      • Residential borrowers who submit a request to their lender during the moratorium stating that they experienced “financial impact from COVID-19” will be granted a reprieve from all fees, penalties, and interest beyond their scheduled and contractual payments for up to 180 days.
      • The Act does not cover borrowers or lenders of any commercial property.
      • Lenders may not report negative mortgage payment information to a consumer reporting agency.
      • The Act’s moratorium also allows for mortgage counseling by video conference, rather than in person, during the moratorium.
      • As with rent payments and collections, the Act explicitly states that no borrower is relieved of its obligation to pay its mortgage, and no creditor or mortgagee is restricted from ultimately recovering mortgage payments.
    • In a summary process case that was filed for “cause” prior to the effective date of the Moratorium Legislation, a plaintiff(s) may (a) seek to advance the case for trial; or (b) seek post-judgment relief, where a trial has been held or after an agreement for judgment had been filed, provided that the plaintiff (1) files in the respective case an appropriate motion; and (2) files an “Affidavit for Cause,” as identified in paragraph three (3). The court shall schedule a trial or motion hearing on the merits if the court is satisfied, based upon the judge’s review of the motion and affidavit without hearing, that there is a likelihood that at the trial or motion hearing the plaintiff will be able to establish that the conduct or behavior giving rise to the original filing of the “cause” summary process action is ongoing and falls within the type of case allowed to be heard or acted upon under the Moratorium Legislation.
    • During the time that this Order is in effect, the Land Court will not process non-emergency or routine Servicemembers case filings, whether submitted on paper or by eFiling through the eFilema.com website.  This measure, which applies to future Servicemembers case filings as well as to any filings that already have been submitted to the court, is due to the limited Land Court personnel present at the courthouse available for processing Land Court business, and is consistent with the emergency moratorium enacted by the legislature, see Chapter 65 of the Acts of 2020.
  • The Land Court Title Examination Department will continue to process remotely emergency or urgent requests regarding Subsequent to Registration (SBQ) cases and Condominium document approvals. All other non-emergency registered land matters remain suspended until further notice of the court.

Updated: March 31, 2020

Minnesota

  • State of Emergency Declared: https://www.leg.state.mn.us/archive/execorders/20-01.pdf
  • Federals courts in Minneapolis, St. Paul, Duluth and Fergus Falls will remain open.
  • Effective immediately, all jury trials in the District of Minnesota with be continued to April 27, 2020.
  • The Clerk’s office, the Probation and Pretrial Services Office, the U.S. Bankruptcy Court and all other court services will remain open pending further order of the court.
  • Minnesota District Court closed the window to the public, but they are accepting electronic filings (and paper filings in a locked drop box in St. Paul).  They have also centralized mail at the Minneapolis courthouse.
  • Check mnd.uscourts.gov for the latest news.

Updated: May 11, 2020

Nevada

  • State of Emergency Declared: http://gov.nv.gov/News/Press/2020/Governor_Sisolak_Declares_State_of_Emergency_in_Response_to_COVID-19/
  • State has entered Phase 1 of COVID-19 reopening.
  • Stay at home orders remain and are encouraged to the extent possible.
  • County and statewide modifications allowing essential and some non-essential businesses to conduct operations per Phase 1 restrictions. Law firms still encouraged to telework wherever possible and operate within Phase I guidelines.
  • Federal and state court civil restrictions remain against any public access or in person flings absent judicial exceptions until ordered otherwise.
  • Most non-essential business and attorneys continue to work remotely per state and county directives.
  • Main county and district courts are closed to the public or have limited entry for court authorized personnel or functions until otherwise notified.
  • Court e-filing remains operational, in person filing windows remain essentially closed to the public. Courts are operational with most hearings conducted remotely, continued, or decided on the papers. Settlement conferences, depositions, evidentiary type hearings are to be by virtual appearance of continued absent emergency or judicial exception. Civil matters requiring personal attendance are continued.  Trials are continued at least 30 days after end of Phase 1.
  • Moratoriums honored on evictions and foreclosures for the 90 day period continue based on federal GSE mandates or other for PLS per individual client.

Updated: April 27, 2020

New Mexico

  • State of Emergency Declared: https://www.governor.state.nm.us/2020/03/11/updated-governor-department-of-health-announce-first-positive-covid-19-cases-in-new-mexico/
  • Most New Mexico courts will remain open, but have implemented protocols to take to curtail exposure to COVID-19.
  • Jury trials in civil and criminal cases are suspended until May 29, 2020.
  • On March 18, 2020, the state Supreme Court issued an order extending the payment of fines and fees for 30 days to help financially struggling New Mexicans and reduce the number of people who appear in courthouses to resolve traffic and other cases.
  • The Supreme Court’s order will add 30 days to the payment deadline imposed by a magistrate, metropolitan, district or municipal court for fines and fees that must be paid between March 19 and May 29, 2020. The extension does not apply to amounts past due. People with questions about their payment deadline should contact the court that imposed the penalties.
  • The public can find information about court operations and coronavirus precautionary measures on the website of the New Mexico judicial branch of government (nmcourts.gov) and on websites of each of the state’s 13 district courts.

Updated: April 7, 2020

New Jersey

  • State of Emergency Declared: https://nj.gov/infobank/eo/056murphy/pdf/EO-103.pdf
  • No in person appearances outside of emergency situations and ongoing trials.
  • Discovery time constraints are relaxed and extended for a 2 week period through March 30, 2020.
  • Pending motions subject to telephonic conferencing/ video conferencing
  • Filings still accepted online.
  • All deadlines tolled through April 26, 2020.
  • Nonjury proceedings will be staggered to prevent large crowds.
  • As of March 18, 2020 and until further notice, there are no in-person Superior Court proceedings (except for extremely limited emergent matters and certain ongoing trials). As many matters as possible (including case management conferences, motions, and hearings) will be handled by telephone or video conference. See https://njcourts.gov/.
  • Federal courts – Still conducting jury trials for those pending, but no new trials before April 30, 2020.
  • 45 day extension on all filing and discovery deadlines.
  • Scheduled conferences controlled by the presiding judge.
  • Statute of limitations are not tolled or extended by the most recent March 24. 2020 Order.
  • See njb.uscourts.gov for further information on Bankruptcy Courts.
  • Through April 26, 2020 all Landlord/Tenant calendars and all Municipal Court sessions are postponed and a new date will be provided to you.

Updated: May 11, 2020

New York

  • State of Emergency Declared: https://www.governor.ny.gov/news/no-202-declaring-disaster-emergency-state-new-york
  • NY courts back up for filings (on existing actions) as of May 4, 2020.
  • Courts are virtual statewide.
  • All statute of limitations are tolled to April 19, 2020.
  • All eviction and foreclosure judgments shall not be enforced for 90 days.
  • NYSB -Forbearance of Mortgage Debt: Any creditor (mortgage holder or servicer) who provides a temporary suspension of mortgage payments to a debtor in this Court shall file with the Court a Notice of Temporary Forbearance, which is attached as Exhibit A to this Order. Communication by a creditor to a debtor regarding forbearance and any statement that follows during the forbearance period shall not be considered a violation of the automatic stay. A loss mitigation order is not needed for a debtor to enter a forbearance agreement; 3 however, any party that requests a forbearance agreement but is unable to come to a consensual resolution within 14 days of the request may come before the Court, under the Court’s Loss Mitigation Program Procedures, and ask the Court to supervise such request.
  • Loss Mitigation and Student Loan Mediation: Any deadline under the Loss Mitigation Program Procedures or Student Loan Mediation Program Procedures that had not expired as of March 16, 2020 is hereby extended to July 1, 2020. . This extension of deadlines shall not impact in any way the ability of parties to: (a) agree upon a forbearance of a mortgage loan consistent with the procedures set forth in this Order; (b) reach a consensual resolution of an individual debtor’s obligations on a mortgage of residential real property; or (c) reach a consensual resolution of an individual debtor’s obligations on a student loan.
  • This Order is temporary in nature and will expire upon the earlier of: (a) the entry of a further Order of this Court addressing the issues herein and (b) July 1, 2020.
  • All non-essential functions of the Court are suspended as of March 16, 2020.
  • Pending civil and criminal trials will proceed to their conclusion.  No new ones will commence.
  • Any necessary hearings to be held by video conference or telephone.
  • SDNY- closed until April 11, 2020 except for emergency matters.
  • Individual judges will post their own orders regarding civil matters.
  • Find updated operating procedures in response to COVID-19 at http://www.nysb.uscourts.gov/general-orders-and-guidance-created-covid-19.
  • EDNY- trials continued through April 27, 2020
  • Any deadlines, hearings and conferences are at the discretion of the presiding judge.
  • Effective March 17, 2020 all pending eviction cases and orders were suspended, but “hundreds of new cases were filed” citywide this week, according to a recent email from New York City Housing Court Judge Jean Schneider to attorneys. Those new cases will be postponed for “about 45 days.”
  • Civil Litigation Generally: The prosecution of-pending civil matters (including discovery) in a manner that requires in-person appearances or travel, or otherwise requires actions inconsistent with prevailing health and safety directives relating to the coronavirus health emergency, is strongly discouraged.
  • Civil Discovery generally: Where a party, attorney or other person is unable to meet discovery or other litigation schedules (including dispositive motion deadlines) for reasons related to the coronavirus health emergency, the parties shall use best efforts to postpone proceedings by agreement and stipulation for a period not to exceed 90 days.
  • The MLK Courthouse and the Lautenberg Post Office and Courthouse will be closed effective immediately until April 6, 2020.

Appellate Court:

  • 1st Dept- calendared matters through March 27, 2020 to be taken on submission or argued via Skype  Future appeals are adjourned
  • 1st Department has extended the deadline to file Respondent’s Briefs to May 8, 2020, and Reply Briefs to May 18, 2020, for the May and June Terms of 2020
  • 2nd Dept- See http://www.courts.state.ny.us/courts/ad2/pdf/ADM_2020-0506.pdf

Updated: March 25, 2020

Oregon

  • State of Emergency Declared: https://www.oregon.gov/gov/Documents/executive_orders/eo_20-03.pdf
  • Federal Court locations closed to public only, but available by telephone.
  • E-filing continues – conventional filings must go in specified drop boxes rather than the filing window.
  • Civil trials, criminal trials, and in court appearances scheduled before April 26, 2020 are continued. Telephonic hearings are still being held.
  • State level 3 Restriction per Chief Justice Order 20-006 through at least March 27, 2020.
  • All jury trials (except criminal trials where there is a statutory or constitutional right to a speedy trial that would be jeopardized) are postponed without motion through March 27, 2020.
  • No new trials scheduled between now and March 27, 2020.
  • For all Forcible Entry and Detailer cases, the first appearance required in those cases is continued without a motion, and all trials scheduled before March 27, 2020 area continued without a motion. Landlords can file a motion for an order requiring the tenant to pay rent while the case is pending.
  • All in person hearings/ trials postponed and nothing new will be scheduled during level 3 status.
  • Applies to Circuit, Appellate, and Supreme levels.

Updated:May 12, 2020

Washington

  • 30-day ban on eviction of residential tenants through April 18, 2020.
  • All state court non-emergency motions are continued until after May 4 unless telephonic appearances are possible
  • All Washington Superior Court civil jury trials suspended through July 6, 2020. All non-emergency civil matters “shall be” continued through June 1, 2020. All emergency civil matters may be heard telephonically. http://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20Orders/Supreme%20Court%20Emergency%20Order%20re%20CV19%20031820.pdf
  • King County is no longer accepting service of process in person.
  • Spokane County is continuing all civil hearings until at least April 24, 2020.
  • Kittitas Superior Court is closed to the public until further notice.
  • Western District of Washington Courts are closed through April 17, 2020 unless they concern emergency matters. This does not affect motions that can be resolved without oral argument. All civil hearings and trials before June 1, 2020 are continued.
  • See further Western District Court updates here public website
  • In the Eastern District of Washington vacated all in person appearances through May 15, 2020.
  • See further Eastern District Court updates here https://www.waed.uscourts.gov/news
  • The United States Courthouse in Richland, Washington is closed to the public, effective April 6, 2020 through May 1, 2020,
  • Bankruptcy Courts will continue with non-evidentiary hearings, telephonically. All 341 creditors meetings are suspended through April 10, 2020.
  • Federal Eastern District of Washington Courts are generally closed through April 14, 2020. All hearings until April 14, 2020 are vacated. Filings may still be made electronically.
  • U.S. District Court for Western Washington: All civil hearings and jury trial are postponed until after July 1, 2020.
  • U.S. District Court for Eastern Washington: All jury and grand jury sessions through May 31, 2020 are vacated.
  • All notices of appeal due on or after March 27, 2020 are suspended until further notice.

 

WHO TO CONTACT:

If you have additional questions or concerns regarding these important matters, please feel free to contact Bob Norman rnorman@houser-law.com; Ryan Moore rmoore@houser-law.com, and/or Jordan Schur jschur@houser-law.com.

For the Latest COVID-19 Updates Check Here:

 

The content of this website and the information provided herein are for general information purposes only and should not be relied on as legal advice.