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. The first chapter of each consumer law treatise is available for free in NCLC's Digital Library. Note: Many banks agree to waive various fees for customers upon request. Chief judge of each judicial district has authority to define the scope of the stay of foreclosure related proceedings due to the COVID-19 pandemic. To see other state restrictions on price gouging in an emergency, see NCLC’s Unfair and Deceptive Acts and Practices §§ 4.3.11 and 220.127.116.11. This article describes the main CARES Act provisions affecting consumer protection and links to specific Act provisions. These actions include suspensions on foreclosures, evictions, and terminations of telecommunications and utility service, elimination of interest and forbearance on student loan payments, limits on debt collection, and more. New York orders extraordinary measures requiring financial institutions to meet financial needs of and ameliorate the challenges being faced by customers affected by COVID-19. Extended until further notice by Governor’s Fourteenth Modified Declaration of State of Emergency, April 30, 2020. The FCC, In the Matter of Lifeline and Link Up Reform and Modernization, WC Docket No. Below are resources to help inform and guide the industry during this challenging time. 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. WASHINGTON, DC – Congressman Steny H. Hoyer (MD-05) and Members of Maryland’s Congressional Delegation, including U.S. Iowa: Executive Department, Proclamation of Disaster Emergency (April 24, 2020) suspends garnishments and replevin actions. Both provisions apply for 90 days or when the state of emergency expires, whichever comes first. Florida, Duval County (judicial foreclosures): Court order (March 27, 2020, effective through April 3, 2020) suspends all foreclosure sales ordered by courts in Duval County and stays execution on all writs of possession or writs of eviction. Does not specifically reference post-mortgage foreclosure evictions. However, depending on their specific terms, these court closure orders and stays may not automatically stop the running of certain important deadlines, such as post-foreclosure redemption periods. In other words, the games you play only end up costing you money. The FCC is suspending rules that are the most common reasons for consumers to lose Lifeline access: the usage requirement and general involuntary de-enrollment procedures, and recertification and reverification rules. If an RHS-guaranteed loan is suspected, directly ask the servicer to review the homeowners’ closing documents. Maryland\'s trusted source for business and legal news. The list may not be complete, as state and local governments continue to adopt new emergency measures at a fast pace. This appendix from NCLC’s Collection Actions is free to the public only for a limited time during the current emergency. To remain in effect for duration of public health emergency declaration or further order. The Eviction Lab also has detailed state-by-state listings regarding renter protections during the emergency. Maryland (judicial authorization for nonjudicial foreclosure), Governor’s Executive Order 20-04-03-01 (April 3, 2020) orders a moratorium on evictions and foreclosures. . Puerto Rico: R.C. Jurisdictions have imposed various ways to regulate motor vehicle repossessions. Overall, this voluntary agreement appears to be weaker than what the CARE Act requires the banks to do for federally related mortgages. This provision applies to any chapter 13 case in which the plan was confirmed before enactment of the CARES Act. While student loan payments are suspended, the loans will not accrue any interest. Minnesota judiciary will stop sending out late penalty notices and assessing the late penalties for all citations; halt the automated process by which a person’s license is suspended for failure to appear; and stop referring past-due payment cases to the Department of Revenue for collections. Maryland (judicial authorization for nonjudicial foreclosure): Order of Chief Judge of Maryland Court of Appeals (March 25, 2020) stays initiation and pending proceedings related to residential foreclosures, foreclosure of the right of redemption after tax sales, and actions to recover possession of residential properties. See CARES Act § 4024(b). The prohibition against “self-help” repossession of automobiles and trucks is no longer in effect. National Consumer Law Center and NCLC are trademarks of National Consumer Law Center, Inc. https://library.nclc.org/sites/default/files/nclc_logo.png, https://www.knowyouroptions.com/loanlookup#, https://www.hud.gov/sites/dfiles/OCHCO/documents/20-04hsgml.pdf, https://www.benefits.va.gov/HOMELOANS/documents/circulars/26_20_8.pdf, https://www.rd.usda.gov/sites/default/files/USDA_SA_COVID19_SFHContinuity03202020.pdf, https://www.rd.usda.gov/sites/default/files/USDA_RD_SA_Foreclosure_and_Eviction_Relief_COVID19_NationalEmergency.pdf, https://singlefamily.fanniemae.com/media/22261/display, https://guide.freddiemac.com/app/guide/bulletin/2020-4, Justice Court, effective March17 has ordered, New Rights for Homeowners Exiting COVID-19 Forbearances, March 21 Deadline for Servicers to Assign to HUD Certain Reverse Mortgages to Protect Surviving Spouses, Qualified Principal Residence Indebtedness Exclusion Revived and Extended, Fannie, Freddie Create New Mortgage Loan Modification Program, • Fannie Mae and Freddie Mac have easy loan look-up websites to determine if they own a mortgage. That brings the state's total to 3,609. Texas (nonjudicial foreclosure): Texas Supreme Court Seventeenth Emergency Order No. As the coronavirus (COVID-19) pandemic triggers layoffs, Americans are scrambling to figure out what it means for their household bills, including their car loans. 90 Days of Payment Deferrals Mortgage lenders and servicers will provide payment deferrals of up to 90 days for mortgage payments. Within ten business days regulated institutions must provide an application process for borrowers. Washington State’s shelter in place order that went into effect March 26 requires non-essential businesses to close in person operations. 2020-257 staying evictions. 4 Temporary Prohibition on Evictions and Foreclosures (March 17, 2020) prohibits all forms of foreclosure during emergency declaration. These amounts are generally protected from seizure by the United States for debts owed to the United States. Sarah kept losing income during this time because of COVID-19. Submit. 20-9052 (April 6, 2020), effective to April 30, 2020 suspends eviction and forcible detainer actions filed against occupant of property after foreclosure. NCLC is also providing during the emergency deep discounts on our consumer law treatises, which are all available in print and digital formats. Mississippi (evictions): Governors Executive Order No. Scheduling Orders and Filing Deadlines. On the other hand, a state’s closure order may apply to out-of-state debt collectors who are licensed in the state that issued the closure order. What about repossessions? Credit Reporting Mortgage lenders and servicers will not report negative information to the credit bureaus relating to payment deferrals consistent with the CARES Act. New York, Buffalo is suspending late fees and interest on parking, traffic and other city accounts (e.g., utilities). 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. Fulton County, Georgia, Magistrate Court has suspended personal property foreclosures from March 14 to April 14, 2020. Connecticut (judicial foreclosure): Connecticut Judicial Branch Strict Foreclosure Order (May 15, 2020) opens all judgments of strict foreclosure entered in matters with law days (expiration of borrower’s right of redemption) prior to July 7, 2020 for the purpose of extending the borrower’s right of redemption in these matters to July 7, 2020. Florida (judicial foreclosure): Administrative Order 12.510 – 04/2020.8 of the Circuit Court of the 15th Judicial Circuit for Palm Beach County (April 6, 2020) suspends foreclosure proceedings as non-essential and cancels all scheduled foreclosure sales up to and including May 29, 2020. 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. Maryland Judiciary Response: All parties can still file into the court via MDEC, mail or drop-box. Repossession Companies in Baltimore on YP.com. But with COVID-19, most insurance companies are offering 30-day deferrals, Mitchell says. Federally guaranteed and GSE loans are exempted. New Mexico, Supreme Court Order No. Skip directly to main content Skip directly to footer. • Grace period of fine payment from March 18-31, 2020. Maryland: Governor’s Executive Order 20-04-03-01 (April 3, 2020) orders a moratorium on repossessions. New York Governor’s Executive Order No. The COVID-19 pandemic was confirmed to have reached the U.S. state of Maryland in March 2020. Maine courts have vacated all outstanding warrants for unpaid court fines and fees and for failure to appear for hearings. Certain exceptions apply. Some states also have eviction expungement forms. Importantly, this act does not protect all borrowers. California (nonjudicial foreclosure): Executive Order N-66-20, (May 29, 2020) extends protections in Executive Order N-28-20 (paragraphs 1 and 2 authorizing local regulation of post foreclosure evictions) through July 28, 2020. As the coronavirus (COVID-19) pandemic triggers layoffs, Americans are scrambling to figure out what it means for their household bills, including their car loans. 202.9 charges the New York State Department of Financial Services to ensure that licensed or regulated entities grant consumers in the State of New York forbearance of loan payments for 90 days for any person or entity facing a financial hardship due to COVID-19. The suspension will remain in effect until a further order. See CARES Act § 3513(a). COVID-19 has hit the nation's wallets as well as its health. The Financial Conduct Authority says car finance companies must offer a three-month payment freeze because of the coronavirus crisis. During a period of forbearance, no fees, penalties, or interest shall accrue on the borrower’s account beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract. Maryland (judicial authorization for nonjudicial foreclosure), Administrative Order Maryland Court of Appeals suspension of evictions and foreclosures during Covid-19 emergency (March 18, 2020): Residential foreclosures and foreclosure of right to redeem after tax sale pending in circuit courts stayed effective immediately. A list of state orders for the closure of non-essential businesses is found here. 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. Modified by Governor’s Emergency Order No. The landlord is not precluded from drawing down on a letter of credit or applying the security deposit to unpaid rent, for example, or exercising any remedies other than eviction. The fees the repo company charges the bank are added to the loan balance you’re responsible for. It may even be possible to buy a car at a discount or have your existing car repaired. Just click here. Massachusetts Attorney General just issued an emergency regulation, amending 940 Code Mass. ACA International v. Healey (D. Mass. COVID-19 and Economic Impact Resource Center, Maryland Stays Commercial Evictions, Residential Foreclosures and Repossessions in Response to COVID-19, Virginia Ordered to Stay at Home Until June 10th, New York Bankers Must Consider Forbearance, Other Consumer Protection in Response to COVID-19, New York State on PAUSE: New York State Shuts Down All Nonessential Businesses to Combat COVID-19. CARES Act § 1113(b) also prevents current chapter 13 cases from failing by permitting debtors to extend the term of their plans in order to have additional time to pay critical debts. That is, if an account was current it shall continue to be reported as current, while a delinquent account shall continue be reported as delinquent. For more information, see materials by the Office of the Comptroller and the Federal Deposit Insurance Corporation. Larry Hogan of Maryland issued an executive order last week that bars creditors from repossessing automobiles, trucks, or mobile residences during the remainder of the state’s COVID-19 catastrophic health emergency. 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. See § 3513(g). California (nonjudicial foreclosure), Executive Order N-28-20 from Governor (March 16, 2020), effective to March 31, 2020: Suspends state preemption of local government regulation of evictions, including post-foreclosure evictions. California: The Commissioner of Business Oversight issued guidance to California Financial Institutions on March 22, 2020, encouraging them during the state of emergency: to waive ATM fees, overdraft fees, and credit card late payment fees and also early withdrawal penalties on time deposits. 26). Philadelphia, Pennsylvania Common Pleas and Municipal Courts President Judge Administrative Order No. NCLC’s Surviving Debt is a 288-page book on advice to families in financial difficulties covering most forms of consumer debt. 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 How do I report suspected price-gouging in stores or from online sellers to your office? Please … • RPA will allow residents to park their cars free of charge 24/7 for next 2 weeks. The Daily Record is providing free access to its coverage of the COVID-19 pandemic. (April 30, 2020). del S. 489 (March 24, 2020) requires forbearance on mortgage loans if homeowner requests. Furthermore, the order does not excuse or waive any payment obligation, which presumably would include rent, other damages, interest, permissible contractual late fees and applicable attorneys’ fees. 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.”. 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