We continue to receive a steady flow of updates from the Courts and to the extent we receive additional updates after this email, they will be included in our next update.
All received updates have been saved to this spreadsheet if you prefer to review in a grid view.
COVID-19 Court Updates
Friday, April 30, 2021
Pennsylvania
Philadelphia County
All Philadelphia County Sheriff Sales will be stayed until 09/2021 unless the property does not qualify for a further stay.
A supplemental Order will be issued within thirty (30) days of this order providing the procedure that will be followed by the Court to proceed forward with Sheriff Sales.
Wednesday, March 17, 2021
Pennsylvania
Lehigh County
Foreclosure mediations in Lehigh county will not commence until May 28, 2021; additionally sheriff sales scheduled for April 23, 2021 and May 28, 2021 are continued until June 25, 2021.
Thursday, January 28, 2021
Pennsylvania
Philadelphia County
As the number sheriff sales in Philadelphia County have amassed during the COVID Moratorium, the Sheriff of Philadelphia County has decided to split the sheriff sales currently scheduled for 02/21/2021 into two separate dates. The Philadelphia Sheriff Sales currently scheduled for 02/02/2021 have been postponed to May 4, 2021 or June 1, 2021 per the Administrative Order. The firm will advise in a separate communication the date in which the client’s sale will be scheduled.
Wednesday, January 27, 2021
NEW YORK
Suffolk County
On January 25, 2021, the Suffolk County Administrative Judge issued an order which effectively stays all residential foreclosure proceedings until February 27, 2021. All motions must be made returnable after February 27, 2021.
The Order issued by Suffolk County Court mirrors the Administrative Order which was released by the Office of the Chief Administrative Judge in New York on December 28, 2020, with regards to the Hardship Declaration Process.
Monday, January 18, 2021
Superior Court of the State of Delaware – Admin. Order 2020-1
Effective Tuesday, January 19, 2021, the attached Administrative Order 2020-1 is amended. Included in this order is Exhibit 1 (Affidavit of Compliance) which provides an easier process to comply with this order.
The Court is no longer requiring verification of other mortgages or verification of participation in any Federal programs. It is a simple verification that the Plaintiff is in compliance with Federal, State and Local rules regarding COVID moratoriums. Exhibit 1 is a state-mandated form and cannot be revised or edited. An attorney for the firm is permitted to execute the affidavit on the behalf of the client, just like the previous affidavit mandated by the Court.
If you have an approved form regarding the Cares Act it can be filed in addition to the Court’s mandated Order if you feel that is necessary, but the approved form cannot be submitted in lieu of the Court mandated affidavit. The Fees will remain as previously agreed for the firm to draft and file this affidavit.
Questions?
If you have any questions, please contact our Managing Attorney in Delaware, Catherine Di Lorenzo, Esquire, or our Stern & Eisenberg Value Department.
Thursday, January 7, 2020
PENNSYLVANIA
Delaware County
The Pennsylvania Delaware County Sheriff Sales presently scheduled for January 5th, February 19th and March 19 have been postponed to April 16, 2021. The full Order can be reviewed here.
Thursday, January 7, 2020
NEW YORK
On the eve of the end of the year holidays, New York passed additional legislation extending certain restrictions on the enforcement of certain mortgage holder rights based on the type of property and ownership interest in the residential property. Covered foreclosure proceedings are stayed until 02/27/2021 pursuant to this act. The legislation, the Covid Emergency Prevention Act, can be reviewed here, as well as the Administrative Order addressing Foreclosure Matters and the Administrative Order addressing Eviction Matters.
The legislation applies to residential real estate in which the owner or mortgagor of the property is a natural person and owns 10 or fewer dwelling units. The various dwelling units may be spread across multiple buildings. The units in question must include the primary residence of the owner/mortgagor who may seek COVID relief and must otherwise be occupied by a tenant or available for rent. The legislation is vague as to a mortgage solely secured by a rental property where the owner/mortgagor does not reside; a property in which the tenant will be separately protected by anti-eviction law. The firm has inquired with the Courts as to their interpretation of the Administrative Order, and the firm has been told that foreclosures already in process will not move forward until 02/27/2021. The shares in co-ops, unlike normal foreclosure processes, are included in the definition of this legislation. Nothing in the Order precludes the lender from seeking an Court Order for an Assignment of Rents.
Commercial loans to a business entity are clearly not covered by the legislation. Additionally, if the residential property is not owner-occupied, not tenant occupied and not available for rent, then it is also not covered by this legislation. Loans that were made, insured purchased or securitized by a corporate governmental agency are also excluded, which would seem to suggest that acquisition of a loan that was once insured by a GSE is not subject to the current legislation.
The legislation establishes a new process whereby borrowers/mortgagors will be given yet another opportunity to seek a stay of proceedings at the expense of the lenders by submitted a hardship affidavit. The affidavit will need to be sent to eligible owners/mortgagors on pending matters and on new matters (at least during the life of this legislation). For all pending matters, the Court will mail the copies of the hardship declaration. How the Court will accomplish this task and by what date is not established and the legislation does not give a date by which those Hardship Declarations will be sent by the Court or how this will be tracked for receipt by the owner/mortgagor. We are looking into the possibility of our clients sending the pending matter hardship declarations in order to avert a potential delay by the Court failing to do so in a timely manner, however, we do not know if this effort would be accepted.
As to new matters, the Hardship Declaration must be sent prior to initiating a foreclosure; and our clients must attest to the “service” (not defined in the Administrative Order, whether this is personal service or via mailing) of the Hardship Declaration. Before initiating the foreclosure, the client will also be required to confirm that the client has not received a Hardship Declaration from the owner/mortgagor. Attached here are copies of the Declaration for Foreclosure Matters and Eviction Matters.
This stay can only be extended to 05/01/20201 if the owner/mortgagor is actively taking part in the proceedings by submitting a hardship affidavit or if the a JFS has been granted. If the JFS has been granted, a status conference must occur before the sale can proceed, even if there has already been a prior COVID conference. Again, the prior COVID conference will not satisfy this requirement for post-judgment cases. Memorandums addressing Foreclosure Matters and Eviction Matters are also attached.
The legislation presents an additional delay on certain lenders not being able to proceed forward while other lenders are exempted from this delay statute. The above announcement provides the basic framework for this additional burden placed upon certain lenders and does not examine the potential of the legislation violating due process and/or taking provisions and protections under the United States Constitution under the V and XIV amendments.
PENNSYLVANIA
LAWRENCE COUNTY
Sheriff has postponed 01/13/2021 sale to 03/10/202. The full Order can be reviewed here.
Wednesday, December 30, 2020
NEW JERSEY
MERCER COUNTY
Sheriff has postponed all sales until April 7th, 2021.
Tuesday, December 29, 2020
PENNSYLVANIA
BEAVER COUNTY
Sheriffs Sales scheduled for 01/04/2021 are postponed to 02/08/2021. The full Court Order can be reviewed here.
BUCKS COUNTY
Sheriffs Sales scheduled January through March have been postponed to April 9, 2021. The full Court Order can be reviewed here.
Monday, December 28, 2020
PENNSYLVANIA
PHILADELPHIA COUNTY
Sales scheduled for January 5, 2021 are postponed to April 6, 2021. Plaintiffs/ Lenders must file a preacipe prior to February 19, 2021, along with a notice to all occupants, which must also be served on the Sheriff and the Defendants to reserve the April 6, 2021 Sale date. Additionally, a new preacipe must be filed requesting the Writ be returned by the Sheriff to the office of Judicial Records in which case a new writ of execution must be filed and served as provided by rules of court. The full Order can be reviewed here.
Wednesday, December 9, 2020
PENNSYLVANIA
LEHIGH COUNTY
The Lehigh County Judiciary has issued an order that postponed all Sheriff Sales scheduled for December 18, 2020, January 22, 2021 and February 26, 2021 to March 26, 2021. The full Order can be reviewed here.
DELAWARE COUNTY
The Delaware County Judiciary has issued an order that postpones all Sheriff Sales scheduled for December 18, 2020 to January 15, 2021. There is no additional requirement to send out new notices for postponed sales. The full Order can be reviewed here.
Wednesday, December 2, 2020
FHFA Extends Foreclosure and REO Eviction Moratoriums
The Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac (the Enterprises) will extend the moratoriums on single-family foreclosures and real estate owned (REO) evictions until at least January 31, 2021. The foreclosure moratorium applies to Enterprise-backed, single-family mortgages only. The REO eviction moratorium applies to properties that have been acquired by an Enterprise through foreclosure or deed-in-lieu of foreclosure transactions. The current moratoriums were set to expire on December 31, 2020. The full release can be reviewed here.
NEW JERSEY
CUMBERLAND COUNTY
Cumberland County will not hold sheriff sales until February 9, 2021.
Monday, November 30, 2020
PENNSYLVANIA
LEHIGH COUNTY
Lehigh County Sheriff has made the decision to cancel all sales scheduled for December 18, 2020. All sales have been postponed to January 22, 2021.
Additionally, all foreclosure mediations for Lehigh County will be continued to a new date sometime after December 31, 2020.
The full Court order can be reviewed here.
ADAMS COUNTY
Adams County Sheriff has made the decision to cancel all sales scheduled for January 22, 2021. All sales have been moved to March 19, 2021. The full Court order can be reviewed here.
NEW JERSEY
Governor Murphy Issues Executive Order #200, Further Postpones Sheriffs’ Sales and Evictions in New Jersey Through February of 2021
On November 22, 2020, Governor Murphy issued Executive Order # 200 which extended the Public Health Emergency in the State of New Jersey for an additional thirty (30) days. This extension – when read in conjunction with Executive Order #106 – effectively stays evictions and sales in the State through February of ’21. While there are exceptions to the sale and eviction moratoria, they are limited to commercial and / or vacant properties unless the Court finds the “interests of justice” weigh in favor of proceeding. Naturally, reaction was mixed and largely partisan. Many landlords and their representatives were critical of the decision, whereas tenants’ advocates hailed it as a sensible measure necessary to mitigate hardships caused by the pandemic. We are available to address any questions you may have and will continue to provide updates as they become available.
Tuesday, November 24, 2020
PENNSYLVANIA
MONROE COUNTY
Monroe County released a judicial order on November 13, 2020. All sheriff sales scheduled for December 3, 2020 have been postponed to January 28, 2021 at 10 AM. The Sheriff Sales scheduled for January 28, 2021 have also been postponed to February 25, 2021 at 10 AM. For a full copy of the order please click here.
Monday, November 23, 2020
PENNSYLVANIA
LUZERNE COUNTY
Sheriff’s Sales currently scheduled in Luzerne County for December 4, 2020 have been postponed to February 5, 2021 at 10:30 AM.
The full Order can be reviewed here.
Wednesday, November 18, 2020
DELAWARE
KENT COUNTY
The Kent County Sheriff has made the decision to cancel all sales scheduled to take place in January 2021.
The full Order can be reviewed here.
Monday, November 16, 2020
MARYLAND
On November 12, 2020, the Maryland Court of Appeals issued its Fourth Amended Administrative Order related to residential foreclosures and eviction, which repealed its prior order issued on October 2, 2020. A copy of the new Order can be accessed by clicking here. The Order provides an exception for evictions and ejectments in Phases II and III as described in the Exhibit to the Fifth Administrative Order Restricting Statewide Judiciary Operations Due to the COVID-19. In addition, to advance a foreclosure case, we must still file a verified Declaration of Exemption from Moratorium. Most notably, the Court increased the criterion for said filing by adding additional requirements. Under Subsection E, the moving party must assert the following under oath:
(1) that the lien instrument is not owned, securitized, insured, or
guaranteed by a federal agency or entity; and
(2) that the residential property is not subject to any federal or state
moratorium or stay that restricts, in any way, an action to foreclose
upon a lien on a residential property; and
(3) that the secured party is proceeding in compliance with all extant
federal and state executive orders relating to the COVID-19
emergency with regard to residential foreclosures, including but not
limited to forbearances; and
(4) the facts the secured party relies upon to support any claim that the
lien is exempt from any moratorium or stay that may be in effect; and
(5) that the action may proceed.
Notwithstanding these additional requirements, the Order also requires the moving party file an Amended Declaration of Exemption from Moratorium setting forth a material change in circumstance regarding the applicability of any stay or moratorium or requirement as described in Section (e) of this Order within fifteen days of such change.
Thursday 10-22-2020
PENNSYLVANIA
Monroe County
Please be advised that the October 29, 2020 Monroe County Sheriff sales have been postponed to December 3, 2020.
A copy of the Administrative Order can be reviewed here.
Tuesday 10-14-2020
NEW JERSEY
Morris County
The Morris County Sheriff office has advised that they will resume scheduling sheriff sales subject to the following conditions:
- The property is commercial;
- The residential property is vacant and abandoned AND is not subject to a GSE/FHA restriction.
In both instances above, the Sheriff’s office will require a certification from an individual having personal knowledge as to the property’s occupancy and loan status before a sale may be scheduled. If the condition is that the property is vacant and abandoned, the affidavit must also state the date that the property was determined to be vacant and abandoned.
A copy of the Sheriff Alert can be reviewed here.
Tuesday 10-01-2020
NEW JERSEY
Hunterdon County
Effective December 2, 2020, Hunterdon County will begin conducting limited Sheriff Sales, at the sole discretion of the sheriff for vacant, abandoned or commercial properties only, subject to the following conditions:
- Real property that is commercial. The Sheriff office will require a certification from the plaintiff, or representative certifying as to the commercial use before the sale is scheduled;
- Real property that is both vacant and abandoned and is not subject to any federal government loan restrictions. The Sheriff’s office will require a certification from the plaintiff, or their representative certifying as to the status of the property’s occupancy and loan status before a sale is schedule.
A copy of the Sheriff Alert can be reviewed here.
PENNSYLVANIA
Philadelphia County
Sheriff Sales for Philadelphia County have been postponed as follows:
- The Philadelphia County Sheriff’s Mortgage Foreclosure Sale scheduled for Tuesday October 6, 2020 is postponed and rescheduled for Tuesday, December 1, 2020;
- The Philadelphia County Sheriff’s Mortgage Foreclosure Sale scheduled for Tuesday November 10, 2020 is postponed and rescheduled for Tuesday, January 5, 2021.
A copy of the Order can be reviewed here.
Tuesday 09-29-2020
NEW YORK
Governor Cuomo announced yesterday that he is extending the moratorium on residential evictions involving tenants with a COVID-19 financial hardship until January 1, 2021. The protections under the Tenant Safe Harbor Act extend to evictions where warrants were issued prior to the start of the pandemic.
Last week, Governor Cuomo extended the statewide moratorium on commercial evictions and commercial foreclosure actions to October 20, 2020 for commercial loans involving tenants/mortgagors with a COVID-19 financial hardship. Governor Cuomo explained that this extension was intended to allow commercial tenants/mortgagors additional time to catch up on rent and mortgage payments or to negotiate new lease terms.
NEW JERSEY
Governor Murphy recently extended the public health emergency in the State of New Jersey through October 25, 2020. No residential sheriffs’ sales or evictions may commence during the public health emergency pursuant to Executive Order 106. Further, residential sales and evictions are stayed for 60 days following the expiration of the public health emergency pursuant to legislation passed on March 19, 2020 (AB 3859 / SB 2276). Residential sales and evictions are therefore stayed through December 24, 2020. Holiday moratoria make it unlikely that there will be any residential sales or evictions for the remainder of 2020. Please note that the moratorium does not apply to commercial or abandoned property.
Wednesday 09-16-2020
NEW JERSEY
Hudson County
All regularly scheduled foreclosure sales for the remainder of 2020 will be canceled in Hudson County, New Jersey, EXCEPT for sales in the below counties (please see cities listed below) that meet the COVID-19 exemption criteria (i.e. vacant, abandoned or commercial.) Properties in the vacant, abandoned or commercial criteria may be scheduled for ONLY the below dates.
Thursday, October 29, 2020 at 2pm
Thursday, November 12, 2020 at 2pm
Thursday, December 3, 2020 at 2pm
This directive applies to ONLY the following cities below.
Bayonne/ East Newark / Guttenberg / Harrison / Hoboken / Jersey City / Kearny / North Bergen / Secaucus / Union City/ Weehawken/ West New York
Monday 09-14-2020
PENNSYLVANIA
Delaware County
In Delaware County, Pennsylvania an emergency Order was entered moving the September 18, 2020 and October 16, 2020 sales to December 18, 2020. Please, click here to review the Order. Currently the November 20, 2020 sales remain scheduled.
Tuesday 08-25-2020
NEW JERSEY
Atlantic County
Atlantic County, New Jersey will begin scheduling vacant, abandoned, residential weekly/monthly rental and commercial properties provided that Certification of status is received.
We will continue to provide updates regarding the sale process for vacant / abandoned / commercial properties as they become available. We anticipate there will be different processes among the various counties statewide.
A copy of the Sheriff Alert can be reviewed here.
EVICTION MATTERS
Earlier this week, the CDC issued what is considered an exceedingly rare order regarding eviction matters pursuant to its limited authority under 42 USC 264. As explained more fully below, Stern & Eisenberg will proceed with evictions as scheduled unless you, our clients, wish us to take a different course of action or our courts provide direction.
During the current pandemic, it has been clear that the Federal Authority to act in connection with Foreclosures and Evictions has been limited to regulating those matters that are tied to federally backed financing and agencies, such as FHFA, VA, FHA, USDA, and other federal agencies. At no point has the Federal Government sought to interfere with a state governed laws because it does not have the general authority to do so. At some point, the powers of the federal government are actually limited by the Constitution. Amendment X provides that those powers and rights not delegated to the Federal Government by the Constitution remain with the States. Foreclosures and evictions are matters that have long been the province of State Law and remain an issue of State law. The CDC order seems to stray well beyond the limits of the CDCs and Federal Government’s authority under 42 USC 264.
The attempt to wholesale prevent evictions on a national basis appears to be well beyond the limits of federal authority and seeks to interfere in the operations of state judicial systems under which state eviction (and removal laws) are enforced. Again, the edict seems to stray well beyond the boundaries of the limited authority provided by 442 USC 264. Additionally, 42 USC 266 is a wartime provision; while we have become used to the term “war on ____”, section 266 has no application to the current pandemic. We do not believe the sweeping attempt to regulate state law from the CDC is appropriate and we will continue to proceed under state law as guided by our court systems.
The United States and each State was established with three wings of government in order to protect the rights and interests of all citizen, including property rights. Again, the Federal Government is of limited authority as provided under the Constitution and the remaining rights not addressed under the Constitution belong with the States. It is our belief that the CDC order does not truly seek to regulate nor control interstate movement and it certainly does not address international movement; those are the items specifically referenced in 42 USC 264. It is up to our judicial system to determine the legality of the various laws passed by our legislature and to determine the legality of the various actions of our executive branch in exercising the laws passed by the legislature.
At this time, Stern & Eisenberg, will proceed with all valid eviction (and other possessory) orders issued through our state judiciary systems. We will continue to monitor how our courts are handling this unusual edict; and we will also update our clients and colleagues.
As always, if you have any questions, please reach out to us and we will provide additional information as it becomes available.
Tuesday 08-25-2020
PENNSYLVANIA
Pennsylvania statewide foreclosure and eviction moratorium to end on 8/31/2020. Today, Governor Wolf announced that he does not have the authority to further extend the moratoriums that have been in place for almost 4 months. Therefore, conventional mortgages will no longer be subject to any state restrictions and may proceed forward. Government backed and/or insured loans and GSE loans may proceed forward subject to any further Federal restraints or limitations that may be imposed. At Stern & Eisenberg we are ready to support our clients’ needs. We are fully prepared to engage in loss mitigation efforts as part of the foreclosure process to support our clients’ efforts to help homeowners get through these difficult times while also supporting and enforcing lender and investor rights in their mortgage loan investments.
In our prior announcements, we questioned the moratoriums issued under temporary housing provisions, as well as the Governor’s limited authority imposed by Article 1, Section 12 of the Pennsylvania Constitution. It appears that the limitation on authority has been recognized. We are glad to see that the legal process, which can be lengthy in the Commonwealth, will be allowed to finally proceed.
As always, if you have any questions please reach out to us.
Monday 08-24-2020
WEST VIRGINIA
Mercer County
The County Clerk’s Office in Mercer County, WV has been temporarily closed. At this time, the firm may see a delay in obtaining title searches and the recording of documents due to the temporary closure in this county.
Monday 08-17-2020
NEW YORK
Below are the latest updates from the court regarding residential and commercial eviction proceedings in New York:
- Commercial evictions involving tenants affected by COVID-19 remain stayed through August 19, 2020;
- Commercial evictions (not involving a COVID-19 hardship) may be filed but are stayed upon filing through August 19, 2020. Newly filed cases must include the additional COVID Notice to tenants;
- Residential evictions commenced prior to March 17, 2020 where judgments/warrants of eviction have been issued are required to have a status/settlement conference prior to executing on the judgment/warrant. No residential eviction may occur prior to October 1, 2020;
- Residential evictions (not involving a COVID-19 hardship) may be filed but are stayed upon filing through August 19, 2020. Newly filed cases must include the additional COVID Notice to tenants; and
- NYC will begin accepting requests for warrants (where judgment was granted prior to March 17, 2020) and motions to enforce a warrant of eviction (where the warrant was issued prior to March 17, 2020) on August 20, 2020.
Thursday 08-13-2020
DELAWARE
NEW CASTLE COUNTY
The Sheriff has postponed the September 8th Sheriff Sales to October 13th, 2020.
Wednesday 08-12-2020
PENNSYLVANIA
BUCKS COUNTY
The Sheriff sales scheduled for 8/14/2020 have been postponed to 09/11/2020.
The full Court Order can be reviewed here.
MERCER COUNTY
Sheriff’s sales scheduled in Mercer County for May 4, July 6 and August 31 (new) are postponed to November 2, 2020.
The Court will further evaluate the situation by October 15 with regard to the November Sales
The full Court Order can be reviewed here.
Friday 08-07-2020
PERRY COUNTY
The Sheriff sales scheduled for 8/07/2020 have been postponed to 11/06/2020.
The full Court Order can be reviewed here.
All received updates have been saved to this spreadsheet if you prefer to review in a grid view.
Friday 08-24-2020
We continue to receive a steady flow of updates from the Courts and to the extent we receive additional updates after this email, they will be part of our next update.
All received updates have been saved to this spreadsheet if you prefer to review in a grid view.
PENNSYLVANIA
MONTGOMERY COUNTY
Sheriffs sale scheduled 8/26/2020 is postponed to 10/28/2020 @ 1PM.
The full Court order can be reviewed here.
MONTOUR COUNTY
Sheriffs sale scheduled 07/30/2020 is postponed to 09/24/2020 @ 1PM.
The full Court order can be reviewed here.
Questions?
Contact the Stern & Eisenberg Value Department with questions.
PREVIOUSLY SHARED UPDATES
HUD Mortgagee Letter 2020-04, Page 2 states:
| 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. |
Review the full document here.
FNMA 2020-02, Page 3 states:
Suspension of foreclosure sales 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.
Review the full document here.
FHLMC 2020-4, Page 3 states:
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.
Review the full document here.
For FNMA and FHLMC files, these should continue through the foreclosure action until the point of setting sale.
FOR MARYLAND:
U.S. District Court for the District of Maryland
Pursuant to the attached Court Orders out of the U.S. District Court for the District of Maryland, effective Monday, June 22, 2020, the Court will be resuming in-court proceedings on a limited basis however, most proceedings will continue to be conducted remotely. Any in-court proceedings are no longer limited solely to Mondays, Wednesdays and Fridays and may now be scheduled for any weekday. However, Court offices remain closed to the public. United States Marshals Service may resume to effectuate personal service of process and the time to effectuate service by Marshals Service is no longer tolled. Finally, courtesy copies of paper filings may again be delivered to the Clerk’s Office.
Please see attached Court Orders here and here.
Maryland State Courts
Foreclosures and Ejectments can resume July 25, 2020. A previous administrative order stayed all proceedings related to home foreclosures, home tax sale foreclosures, executions of liens on residential properties, and actions for possession (ejectments) of homes by ground lease holders. These matters can now be heard beginning July 25, 2020. New cases of this type that are filed after May 22, 2020, shall be stayed upon filing until July 25, 2020. Residential Evictions Can Resume July 25. A previous administrative order stayed all residential evictions. These matters can resume July 25, 2020.
Certification of CARES Act Compliance Must be Filed in Certain New Foreclosure Matters. If the property is not subject to the CARES Act, a certification to that affect must be filed with home foreclosure actions and motions for foreclosures orders of sale that were begun March 18 through May 15, 2020. That certification must be filed within 30 days of May 22, 2020. If a certification is not filed, the court shall issue a deficiency notice under Rule 14-207.1.
See attached Amended Administrative Order Lifting the Suspension During the COVID-19 Emergency of Foreclosures, Evictions, and Other Ejectments Involving Residences: Stay lifted effective 07.25.2020.
Maryland Court of Appeals and Court of Special Appeals are fully operational with most hearings occurring remotely. Circuit Courts and District Courts will continue to handle emergency proceedings, with most hearings occurring remotely.
AUTHORIZATION OF REMOTE NOTARIZATION
This new executive order states that effective today (3/30), the state of MD is now allowing RON (Remote online notarization) on an “emergency basis”.
Additional information on the order can be reviewed using the below resources:
County Recording Offices impacted by the Coronavirus can be reviewed here.
COURT OF APPEALS
Administrative Order of 3/26/2020 from the Maryland Court of Appeals directing, inter alia, a stay of all residential foreclosures and evictions due to the COVID-19 emergency. Specifically:
Current, Pending Foreclosure Actions Stayed:
“All proceedings related to foreclosures of residential properties, foreclosures of the rights of redemption of residential properties after a tax sale, executions on residential real property under levy or subject to a lien, and actions for possession (ejectments) of residential properties by ground lease holders pending in the circuit courts shall be stayed effective immediately”
Current Pending Eviction Actions Stayed:
“Residential eviction matters pending in the District Court of Maryland and all pending residential eviction orders shall be stayed effective immediately”
New Foreclosures Stayed upon Filing:
“New foreclosures of residential property, foreclosures of rights of redemption of a residential property after a tax sale, actions for possession (ejectments) of residential properties by ground lease holders, executions on residential real property under levy or subject to a lien, and all other actions for possession (residential evictions) shall be stayed upon filing.”
Maryland Court of Appeals has stayed all foreclosures and evictions immediately due to the COVID-19 emergency.
The full Court Order can be reviewed here.
U.S. District Court for the District of Maryland
All non-emergency hearings in the U.S. District Court for the District of Maryland remain postponed until June 5, 2020, after which, (with the exception of the jury trials), all civil hearings, trials, and proceedings in the U.S. District Court for the District of Maryland shall continue as presently scheduled, unless otherwise ordered by the presiding judge.
Physical access to the Courthouses remains restricted but the Court remains open for all filings and for proceedings that may occur by audio and/or video teleconference.
Postponements through 6/5/2020:
ORDERED that all other civil, criminal, and bankruptcy proceedings in the U.S. District Court for the District of Maryland, including court appearances, trials, hearings, settlement conferences, conference calls, naturalization and admission ceremonies, and grand jury meetings now scheduled to occur through June 5, 2020, are postponed and will be rescheduled at a later date. Chambers will contact counsel to reschedule proceedings when appropriate. If a presiding judge in an individual case has already rescheduled a proceeding, after March 16, 2020, to a date now affected by this extended Order, counsel should contact chambers to determine whether the new date again needs to be rescheduled.
Deadlines extended 84 days:
it is further ORDERED that all filing deadlines, in all cases, originally set to fall between March 16, 2020, and June 5, 2020, are EXTENDED by eighty-four (84) days. The eighty-four day extension does not apply if a presiding judge in an individual case has already set a new filing deadline, after March 16, 2020, to a date now affected by this extended Order.
E-Filing remains available:
Electronic filing through CM/ECF will remain available, and self-represented litigants may deposit and date-stamp papers in drop boxes at each courthouse (Baltimore and Greenbelt).
The full Court order can be reviewed here.
All in-court proceedings are no longer being conducted however, the Courthouse will remain staffed to retain the capacity to hear for emergency proceedings at short notice when unique circumstances make that necessary and appropriate. Electronic filing through CM/ECF will remain available for both Northern Division and Southern Division of the Maryland Bankruptcy Courts.
The full Court Order can be reviewed here.
STATE COURTS
Maryland State Courts are closed to the public from 3-16-2020 through 4-3-2020, other than for specific matters enumerated in the Order. The Administrative Order can be reviewed here.
Maryland Bankruptcy Courts
All Maryland bankruptcy hearings, trials, and proceedings in the U.S. Bankruptcy Court for the District of Maryland currently scheduled to commence after June 5, 2020, shall continue as presently scheduled, unless otherwise ordered or rescheduled.
Hearings are still postponed to June 5, 2020, in accordance with Standing Order 2020-07
The full Court Order can be reviewed here.
Bankruptcy Court Deadlines
All filing deadlines originally set to fall between March 16, 2020, and June 5, 2020, are extended by eighty-four (84) days, without further extension, unless otherwise ordered by the presiding judge in an individual case or by administrative order of the Bankruptcy Court.
Importantly, the Order specifically states that the Order does not toll any applicable statute of limitations.
The full Court order can be reviewed here.
FOR DELAWARE:
The Firm’s New York and Delaware operations have been suspended due to the executive order issued by their governors. While “routine” foreclosure actions may not be able to proceed forward, the orders do not prevent the firm from moving forward with any litigation, or the clearing of title issues in order to file a first legal when the restrictions are lifted.
MEDIATION UPDATE
The Mediation Program Administrator will not be scheduling any Mediation conferences until after the Governor’s State of Emergency Declaration is lifted or otherwise modified. Once the Declaration is lifted, Mediation Program Administrator will work to reschedule all of the postponed conferences and newly served matters as soon as possible.
SUSSEX COUNTY
Sussex county sales have been pushed to August.
KENT COUNTY
Kent County sales will be moved to July.
DELAWARE DEPARTMENT OF JUSTICE
All Delaware mediations are pushed out to after May 18, 2020.
SUPREME COURT
CHIEF JUSTICE DECLARES JUDICIAL EMERGENCY
(Effective March 16, 2020 at 8 a.m.)
On March 16, 2020 at 8 a.m. Delaware Supreme Court Chief Justice Collins J. Seitz, Jr. declared a judicial emergency to protect Delaware State employees and the public from the spread of the Covid-19 virus. The judicial emergency will remain in effect for 30 days, subject to further review. It gives all trial courts the flexibility to continue trials and hearings in civil and criminal cases for 30 days to limit the number of people gathering in public court buildings and to use audiovisual devices to conduct proceedings (except for jury trials).
The Delaware Supreme Court has issued a statement advising that members of the public who are experiencing symptoms such as cough, fever or other respiratory problems should stay home and, if they have a court date scheduled, that they should notify the appropriate parties.
The Court will conduct conferences and hearings telephonically when it believes it would be practicable and efficient to do so and will promptly consider any request by the parties to change a hearing from being held in-person to a telephonic hearing.
With respect to trials and hearings for which it is not practicable to handle the matter telephonically, the following procedures shall be followed:
If any party reasonably believes that a scheduled trial or in-person hearing may require or cause the presence of an individual who (i) may be infected with COVID-19 or (ii) has been in contact within the past fourteen (14 days) with an individual who may be infected by COVID-19 we must promptly provide written notice to the Court. The parties shall promptly confer regarding the appropriate means to conduct the trial or in person hearing that is the subject of the notice, to include video conferencing or delay/continuance.
Within three (3) days of any notice, the parties shall file a joint letter or joint motion that (i) identifies the concern that was the subject of the notice; (ii) explains the steps the parties have agreed upon and implemented to alleviate such concern; (iii) sets forth any relief requested from the Court to address such concern; and (iv) sets forth any disagreements among the parties, including alternative proposals not mutually agreed upon.
The full Court order can be reviewed here.
SUPERIOR COURT
(Effective March 16, 2020 at 8 a.m.)
All Civil and Criminal Jury Trial are suspended through and including April 15, 2020. The Order did not address scheduled motions.
COURT OF CHANCERY
(Effective March 16, 2020 at 10 a.m.)
All hearings and trials shall be conducted only by telephonic or other electronic means. The presiding judicial officer, in his judgment, may decide to continue the hearing or trial if it is not practicable to conduct the hearing or trial by telephonic or other electronic means. A party may request by motion that the Court conduct a hearing in person in the event of an exigent need – the existence of a threat of imminent irreparable harm.
JUSTICE OF THE PEACE COURT
(Effective March 13, 2020 at 8 a.m.)
All landlord/tenant, debt, replevin and trespass proceedings scheduled for in-person appearance and all evictions currently ordered and scheduled from March 17, 2020 through April 16, 2020 shall be rescheduled for a date nor earlier than May 1, 2020.
NEW CASTLE COUNTY
New Castle county sales have been moved to August.
FOR NEW JERSEY:
The Fifth Omnibus Order attached here concludes the restrictions on the Office of Foreclosure as established in earlier Omnibus Orders and permits the Office of Foreclosure to now recommend judgments or dispositive motions received on or after March 1, 2020.
NEW JERSEY SUPREME COURT
The Supreme Court of New Jersey recently issued its Fourth Omnibus Order regarding Court Operations in response to the ongoing COVID-19 pandemic. The Order provides that Court operations will continue in a virtual format to the greatest extent possible. Unfortunately, The Order further extends the hold on the Office of Foreclosure’s Final Judgment review of judgment applications submitted March 1st and thereafter until further notice. Applications for final judgment may still be filed, though it is unclear when they will be reviewed by the Court.
The Order provides additional direction regarding Landlord/Tenant matters. The Order acknowledges that Landlord/Tenant complaints may continue to be filed with the Courts, but all newly filed complaints must include an email address for the landlord and the tenant (if available). To ensure compliance with this directive and absent contrary client instruction, Stern & Eisenberg will provide an internal email address on behalf of the landlord. After a landlord tenant complaint is filed, the Court will schedule conferences and conduct settlement negotiations in an effort to resolve matters. Landlord/Tenant trials and lockouts / evictions remain suspended until further notice.
The Court’s also promulgated it’s plan for “phase 2” of re-opening, which can be found here.
On March 27, 2020 the New Jersey Supreme Court entered an omnibus order regarding COVID-19. Full text of the 13 page order is available via the following link: https://www.njcourts.gov/notices/2020/n200327a.pdf?c=Ccb
Most significant to your standard uncontested default process is Section 3 paragraphs “g” & “j,” which mandate that: (1) The office of foreclosure will not review final judgment applications submitted March 1st and thereafter until further notice; and, (2) Landlord / tenant calendars are suspended through April 26, 2020 and residential lockouts are suspended until further notice (this is consistent with Executive Order 106, which suspended lockouts “not longer than two months following the end of the Public Health Emergency.” We will continue to monitor and keep you abreast of new orders and directives as they are disseminated.
Although the Court may not be reviewing applications, we are still able to submit same for review to ensure that we are at the “front of the line” when the temporary stay is lifted. Therefore, we will continue to process all files not otherwise on client, government or investor directed hold through application for judgment.
The Firm’s New Jersey operations has only been restricted in terms of Sheriff Sales and Lock Outs. There is no restriction placed on the New Jersey operation by the Court’s or any executive order by the governor. The Firm continues to move all New Jersey files to the point of sale and lock out, unless otherwise directed by our clients.
LOCKOUT MORATORIUM
Governor Murphy’s executive order, which stays lockouts until further notice (or no longer than 2 months following the end of the Public Health Emergency / State of Emergency) can be reviewed here. Please note that our foreclosure and eviction actions can be initiated and proceed (provided there are no other servicer or investor restrictions)…it is just the actual evictions and lockouts that are stayed.
WARREN COUNTY
The Sheriff Sales previously scheduled for May 18th and June 1st, 2020 have been adjourned by the Sheriff until June 29, 2020.
HUNTERDON COUNTY
All sales that were scheduled for 3/25/2020 have been moved to 4/29/2020 per the sheriff.
CUMBERLAND COUNTY
No Sheriff Sales until September 22, 2020.
All evictions are postponed until further notice.
All sales that were scheduled have been moved to 4/21/2020 per the sheriff. The order can be reviewed here.
BURLINGTON COUNTY
All sales are suspended.
In light of Govern Murphy’s Executive Order No. 103, declaring State of Emergency for the Coronavirus public heath crisis. On Friday, March 13, 2020, the Burlington County Sheriff has filed a Complaint with the Superior Court to stay the execution of evictions during this time.
The stay of evictions is effect until further notice.
GLOUCESTER COUNTY
Gloucester County is beginning to accept sales packages and deposits. Sales will begin to be scheduled once dates have been identified by the county to proceed forward. A new sheriff’s sale process is being developed that will limit the amount of attendees at the sale in order to ensure safety and efficiency at the sheriff’s sales
Due to the recent occurrences regarding foreclosures as a result of the pandemic, Gloucester County is notifying all attorneys that any plaintiff adjournment request received during this time will not be counted towards plaintiffs’ statutory adjournments and plaintiff will not be charged a fee. Please include in your adjournment letters that the sale is being adjourned due to COVID-19. The 150-day “sell by period” will not be counted against during this time.
Still plan to proceed with sales on 04/01/20.
Please be advised the Gloucester County Sheriff’s Office is cancelling all sheriff’s sales, evictions and other such matters for the next two weeks. The sheriff’s office will be open for emergent matters only.
All sheriff’s sales scheduled for 03/18/20 will be adjourned to 04/01/20 and all sales scheduled for 03/25/20 will be adjourned to 04/08/20; there will be no fee charged for these adjournments and they will not be counted as one of the statutory adjournments plaintiff is entitled to.
NJ COURTS
Important COVID-19 Update Regarding New Jersey Courts
The news about how COVID-19 is affecting our state and profession has been evolving day-to-day, sometimes hour-to-hour. The New Jersey State Bar Association is committed to helping you get the information you need to do your work and stay safe and healthy.
Please read the critical information below, just out from the New Jersey Judiciary, postponing in-person proceedings for the week ahead.
Additional updates appear at the bottom of this email.
New Jersey Courts Postpone In-Person Proceedings (from the New Jersey Judiciary)
In-person Superior Court proceedings scheduled for Monday, March 16 and Tuesday, March 17 will be postponed, Chief Justice Stuart Rabner announced Sunday night. During that time, the Judiciary will prepare to shift to virtual participation for attorneys, litigants and all court users, with extremely limited exceptions.
You can read the full notice: https://njcourts.gov/notices/2020/n200315a.pdf?c=RTW
The postponements, detailed in a notice issued Sunday, are part of an ongoing series of actions taken in consultation with the New Jersey Department of Health to reduce the risk of public exposure to COVID-19 coronavirus.
“On a typical court day, hundreds if not thousands of attorneys, litigants, and inmates appear in courts throughout the state. We are limiting physical interactions in our courts and shifting to video and phone conferencing options for attorneys, litigants and the public,” Chief Justice Rabner said.
Attorneys and litigants scheduled to appear for in-person matters at the trial level of the Superior Court and Tax Court on Monday and Tuesday should await notice of a new hearing date. Ongoing jury trials will continue as announced.
Critical court operations necessary to public safety or the administration of justice will continue. Emergent applications, as well as Extreme Risk Protective Orders and domestic violence temporary restraining orders submitted through local police departments, will continue to be accepted. The court also will continue to hold first appearance hearings and pretrial detention hearings.
Questions about individual cases should be directed to the relevant court offices. Updated information regarding court operations will continue to be made available at njcourts.gov.
NOTICE TO THE BAR
NEW JERSEY COURT OPERATIONS – COVID-19 CORONAVIRUS:
RESCHEDULING OF IN-COURT PROCEEDINGS SCHEDULED FOR THE WEEK
BEGINNING MONDAY, MARCH 16, 2020; CONTINUATION OF ALL
CRITICAL FUNCTIONS
This notice announces additional statewide steps by the New Jersey courts to address the ongoing public health crisis surrounding the COVID-19 coronavirus. These actions are taken in consultation with the New Jersey Department of Health to protect the health and welfare of the people of New Jersey. The following steps are intended to slow the spread of the virus.
On a typical court day, hundreds if not thousands of attorneys, litigants, and inmates appear in courts throughout the state. Our plan is to limit physical interactions in our courts to the greatest extent possible and shift to use video and phone conferencing options for attorneys, litigants, and the public. This rapid shift in approach will implement social distancing measures that the New Jersey Department of Health has recommended.
- All in-person court proceedings scheduled for Monday, March 16, and Tuesday, March 17, 2020 at the trial level of the Superior Court and the Tax Court are postponed in all counties, except for proceedings listed in paragraph 3 below.
- Attorneys and litigants scheduled to appear for in-person matters should not come to court and should await notice of a new hearing date;
- Previously scheduled video and phone conferences will proceed at the judge’s discretion; and
- Ongoing jury trials also will continue as announced in the March 12, 2020 notice, unless otherwise advised.
- Oral arguments in the Supreme Court and the Appellate Division will be conducted on Monday, March 16 and Tuesday, March 17, 2020, as directed.
- The following proceedings and functions will continue without interruption to the extent possible, including the use of telephonic and video technology:
- Applications for emergent relief where immediate and irreparable harm will occur if the matter is not addressed will be accepted in all courts (including the Appellate Division) including but not limited to the following: de novo
hearings on a denial of a temporary restraining order; Sexual Assault Survivor Protection Act (SASPA) hearings; Division of Child Placement and Permanency removal hearings; and Special Medical Guardianships;
- Central Judicial Processing (CJP) / First Appearance hearings, as well as defendants committed to the jail on municipal petty disorderly persons charges, who will have their First Appearance conducted via CJP virtual
court;
- Hearings on incarcerated child support obligors;
- Pretrial detention hearings pursuant to N.J.S.A. 2A:162-19d(1);
- Juvenile detention hearings, including Juvenile Detention Alternative Intervention (JDAI) risk assessments;
- Bail determinations pursuant to Rule 3:26-2e and Rule 7:4-1, as well as defendants committed to jail on municipal failure to appear and failure to pay bench warrants;
- Civil commitments including involuntary outpatient civil commitments, including: (i) applications for temporary orders of commitment, (ii) hearings on final orders of commitment, and (iii) review hearings;
- Supervision and monitoring of persons on probation and pretrial services, including high risk offenders, pursuant to interim protocols designed to maintain sufficient contact while minimizing physical contact;
- Applications for domestic violence temporary restraining orders as submitted through local police departments; and
- Applications for Extreme Risk Protective Orders submitted through local police departments.
- We plan to conduct proceedings for pending motions in Civil and Family matters as scheduled for March 18 and afterward by phone or video conferencing. Attorneys and litigants should contact the court if they do not receive notice by March 18.
- New jury trials will not be scheduled. Further information regarding pending jury trials and grand juries will be provided. We will communicate with jurors using our current options.
- Effective immediately, the following operational modifications will be implemented statewide:
- Persons detained in county jails and state prisons should not be transported to courthouses; matters will either proceed as video hearings, phone hearings, or will be adjourned as necessary (including to support video participation by victims and witnesses); and
- Juvenile hearings will be conducted by phone or by video where available.
- Time constraints for discovery will be relaxed and extended for a two-week period (from March 16 through March 30, 2020). Beginning March 18, pending motions will be subject to telephonic conferencing.
- Filings still will be accepted through eCourts for applicable case types and on paper for other cases with the required fee to be submitted as usual.
- Collection of fees for emergent applications will be suspended for applicants who are required to file on paper.
Questions about individual cases should be directed to the relevant court offices. We continue to consult with the New Jersey Department of Health and closely monitor the
ongoing health crisis. The New Jersey courts will continue to provide current information on our webpage (njcourts.gov).
Chief Justice Stuart Rabner Hon. Glenn A. Grant, J.A.D.
Dated: March 15, 2020
ADDITIONAL INFORMATION YOU MAY HAVE MISSED
In recent days, the Judiciary has also provided information about the following:
Suspension of Landlord/Tenant Sessions
Suspension of Municipal Court sessions
Suspension of new jury trials
To read the Notices to the Bar, visit njcourts.gov.
MERCER COUNTY
The Mercer County Sheriff’s Office will be postponing ALL Sheriff’s Sales until Wednesday, October 07, 2020 – FREE OF CHARGE.
CAMDEN COUNTY
Due to concerns regarding COVID-19, Camden County will be closing their offices to the public and via electronic recording until further notice. For any questions, please contact Simplifile Support by chat or at 800.460.5657 ext 3.
At this time, all Camden County Sheriff sales have been halted, and all evictions have been stopped.
SALEM COUNTY
Sheriff Miller will not hold any sales until April 20, 2020.
OCEAN COUNTY
SALES ARE CANCELLED UNTIL FURTHER NOTICE.
SUSSEX COUNTY
All sales dated 7/8/20 will be adjourned to 8/12/20 and all sales dated 7/15/20 will be adjourned to 8/19/20.
Beginning today March 30, 2020, the Sussex County sheriff’s office will be adjourning all sales and writs of possession until after April 30, 2020.
The full Court Order can be reviewed here.
Sussex County foreclosures sales and evictions will be adjourned for at least thirty days as of Monday, March 16, 2020 as ordered by Sheriff Michael F. Strada. Updates can be reviewed on the website here.
ATLANTIC COUNTY
- Is not proceeding with any sheriff’s sales or evictions;
- Will not provide a new date for any previously scheduled sale or eviction until further notice. Such notice (and new sale / eviction dates) will be provided following the conclusion of the State of Emergency declared by Governor Murphy;
- Neither party will be charged with an adjournment for any sales that are “on hold” during the State of Emergency;
- Will continue to process new sales packages received, though sale dates will not be provided until the conclusion of the State of Emergency;
Effective immediately, Sheriff Sales, will not take place until April 16, 2020, due to the COVID-19. Updates can be reviewed on the website here.
PASSAIC COUNTY
Passaic has just confirmed sales has been cancelled until further Notice.
BERGEN COUNTY
SALES SCHEDULED FOR July 17, 2020 ARE NOW SCHEDULED FOR August 14, 2020
SALES SCHEDULED FOR June 26, 2020 ARE NOW SCHEDULED FOR July 31, 2020.
SALES SCHEDULED FOR July 10, 2020 ARE NOW SCHEDULED FOR August 7, 2020.
HUDSON COUNTY
All foreclosure Sales and Evictions are cancelled until further notice. The Court website will be updated on Mondays with updated information.
Any monies collected on properties sold to 3rd parties will be processed and distributed as normal.
All foreclosure properties currently in the system will be adjourned from sale to sale until the sales resume or if they are settled, cancelled or expired.
All new foreclosure writs submitted will be entered in the system and initial sale date will be within the 150 day scheduling Statute, when that sale date comes, if sales haven’t resumed, it will be adjourned until they do.
Hudson County is continuing to process Bank Levies and Wage Garnishments
All foreclosure Sales and Evictions are cancelled until further notice.
All foreclosure properties currently in our system will be adjourned from sale to sale until the sales resume or if they are settled, cancelled or expired.
All new foreclosure writs submitted will be entered in our system and initial sale date will be within the 150 day scheduling Statute, when that sale date comes, if sales haven’t resumed, it will adjourned until they do.
The Hudson County Sheriff’s Department has advised that sales are cancelled for March 12, 2020. They advised that any sale scheduled for March 12, 2020 will be adjourned until the next sale date (3/26/20).
New Jersey Bankruptcy Court
NJ BK Courts are still not allowing in person meetings / arguments to take place.
The restrictions are in place until 07/31 or until advised otherwise.
The full Court Order can be reviewed here.
The Chief Judge has ordered the following scheduling and deadline details (the April 30, 2020 dates are amended from the prior Order that set them at April 16, 2020):
the Court will remain open, and filings will continue unabated;
all trials scheduled to be conducted prior to April 30, 2020 will be adjourned and rescheduled by the court;
all motions and contested matters will be presumed to be heard on the papers (parties may request oral argument via email to chambers); if oral argument is approved, any such oral argument will be conducted remotely;
all case trustees will consider and accommodate all reasonable requests for continuance of 341(a) meetings; and no case will be dismissed for failure to file missing documents or pay filing fees before the expiration of the Order;
any deadline to object to discharge or to the dischargeability of debt that would otherwise expire prior to April 30, 2020 is hereby extended to 30 days from the expiration of this order; this extension is without prejudice to the rights of any party to seek further extension;
any deadline under 11 U.S.C. § 707 or 11 U.S.C. § 727 that would otherwise expire prior to April 30, 2020 is hereby extended to 30 days from the expiration of this order, without prejudice to the rights of any party to seek further extension;
The full Court order can be reviewed here.
The Court will remain open, and filings will continue unabated;
all trials scheduled to be conducted prior to April 16, 2020 will be adjourned and rescheduled by the court;
all motions and contested matters will be presumed to be heard on the papers (parties may request oral argument via email to chambers); if oral argument is approved, any such oral argument will be conducted remotely;
all case trustees will consider and accommodate all reasonable requests for continuance of 341(a) meetings; and no case will be dismissed for failure to file missing documents or pay filing fees before the expiration of the Order;
any deadline to object to discharge or to the dischargeability of debt that would otherwise expire prior to April 16, 2020 is hereby extended to 30 days from the expiration of this order; this extension is without prejudice to the rights of any party to seek further extension;
any deadline under 11 U.S.C. § 707 or 11 U.S.C. § 727 that would otherwise expire prior to April 16, 2020 is hereby extended to 30 days from the expiration of this order, without prejudice to the rights of any party to seek further extension;
The full Court Order can be reviewed here.
The Court urges court appearances by telephone, where possible. Minimizing court appearances could help prevent risk of infection to you and to others. Consistent with current practice, all counsel and self-represented parties are directed to contact Chambers in advance to obtain authorization for telephonic appearances.
The New Jersey Bankruptcy Court is following the guidelines to protect the public as set forth by the Center for Disease Control and Prevention for the prevention and/or containment of COVID-19, the Coronavirus. The Court is working in conjunction with the General Services Administration to make the courthouses in the District as safe as possible. Visitors to the Courthouses are advised to check the Court’s website (www.njb.uscourts.gov) periodically for any new developments. Review of this important matter is on-going.
ESSEX COUNTY
Effective immediately, all Foreclosure sales are being stayed for 60 days per EXECUTIVE ORDER NO. 106 which was signed off 3/19/2020. The Sheriff of Essex County will be adjourning all sales from 3/24/2020 until 5/26/2020. Plaintiff’s and defendant’s adjournments will not be affected by this order. Adjournments that were previously processed and fall into this time frame, will be reversed as well as fee costs. This order also applies to foreclosure evictions.
EFFECTIVE IMMEDIATELY: ALL SHERIFF SALES AND EXECUTIONS OF EVICTIONS/EJECTMENTS WILL BE SUSPENDED UNTIL FURTHER NOTICE DUE TO COVID-19.
UNION COUNTY
Sheriff Sales are suspended until further notice. The Sheriff will adjourn sales weekly to the following week. The plaintiff attorneys adjournment’s will not be affected.
MONMOUTH COUNTY
Sales scheduled for this Monday 3/16/2020 will be moving to 3/23/2020. This will be done on a week to week basis.
As of now the building is closed to the public. Please make sure you notified the defendants of the changes to their sale date.
MIDDLESEX COUNTY
Middlesex will not be holding Sheriff Sales until after 06/03/2020. Anything scheduled between 04/01 to 05/27 will be given a June date.
The Middlesex County sheriff cancelled the sales scheduled for 3/18/2020.
FOR NEW YORK:
COVID-19 Attorney Affirmation No Longer Required for New Foreclosure Complaints or Eviction Petitions
In light of Governor Cuomo’s Order lifting the ban on residential foreclosure matters in New York, the Chief Administrative Judge issued a Memorandum yesterday removing the requirement that an additional attorney affirmation regarding the COVID-19 protections accompany new residential foreclosure complaints and residential eviction petitions. The attorney affirmation, which was only in effect for two weeks, was previously required to be filed with each new complaint and petition. The court did however leave in effect the requirement to serve the new Notice of Respondent Tenant and Notice to Respondent with the complaint/petition in new residential foreclosure and eviction matters.
We expect the court to issue additional directives regarding the processing of current foreclosure actions sometime next week.
Counties Are Moving Forward With Foreclosure Settlement Conferences
We received notice earlier today from Monroe County that they will be reviewing their foreclosure inventory next week and asking for updates from plaintiffs’ counsel. Monroe County also indicated that they will be rolling out a process to hold virtual settlement conferences shortly. The Eight Judicial District, which includes Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming Counties, rolled out their virtual settlement conferences earlier this week. Conferences in those counties are held on different days of the week and are conducted via Skype. Rockland County has also begun scheduling settlement conferences on active cases via Skype. Many other counties are allowing requests for conferences to be held for cases involving represented parties on both sides.
By tomorrow each of the Counties in New York, with the exception of the 5 boroughs (Kings, Queens, New York, Bronx, Richmond), will have entered Phase 4 of New York’s re-opening plan. This provides access to additional in-person courthouse operations, including access to the clerk’s office and appearances. These are all positive indications that New York is on its path to recovery from the pandemic. We will continue to keep you updated on the progress in New York.
Stay Lifted for Residential Foreclosure and Eviction Matters Involving Borrowers Not Affected by COVID-19
Governor Cuomo ended the statewide moratorium for foreclosure and eviction proceedings yesterday. By Executive Order 202.48, the Governor noted that borrowers who have confirmed COVID-19 hardships are protected by recent legislation in both the residential foreclosure and eviction contexts. These protections include the right to a mortgage forbearance (See NY Banking Law Section 9-x) and a stay of eviction proceedings for those tenants with a COVID-19 hardship (See Chapter 127 of the Laws of 2020).
Commercial foreclosure and commercial eviction proceedings are unaffected by this new Order. Those actions continue to be stayed until 8/20/2020 (although commencement of those actions involving borrowers/tenants not affected by COVID-19 are permitted).
Based upon this Executive Order, we expect Chief Administrative Judge Lawrence Marks to issue a new order lifting his prior order suspending all foreclosure and eviction matters within the next week. This will allow more motions to be filed and decided by the courts and settlement conferences to be scheduled. We will continue to provide additional updates as they become available.
Executive Order 202.48 can be reviewed here.
New York is accepting new filings! Beginning today, the courts will allow:
- Commencement of new residential foreclosure actions;
- Commencement of new commercial foreclosure actions:
- Filing of motions relating to vacant and abandoned properties;
- Filing of motions discontinuing actions;
- Virtual conferences in any pending action involving represented parties on both sides.
For new residential or commercial actions, we are required to attach an attorney affirmation to the complaint certifying compliance with the COVID regulations. This affirmation is identical to the affirmation that is now being used for the filing of new eviction proceedings. This directive allows us to file new actions and get service completed prior to the expiration of the 8/20/2020 extended moratorium end date. The courts will also begin conferencing current cases where both sides are represented by counsel during this period.
NYC also just entered Phase 2 of the re-opening process which means that additional non-judicial staff are returning to provide administrative services at the courthouses. Upstate New York is already in Phase 3 which provides for in-person appearances. However, we expect most court appearances to be held virtually through the end of this year.
By Memorandum and Order dated June 18, 2020, the Chief Administrative Judge Lawrence Marks set forth the procedure to allow new eviction petitions to be filed starting tomorrow, June 20, 2020. The Memorandum and Order directs all petitions to be filed either by NYSCEF or mail effective June 20, 2020. Petitions must be accompanied by two additional forms: (1) an affidavit or affirmation that confirms that the petitioner is unaware of a COVID hardship affecting the respondents and (2) a Notice to Respondent Tenant encouraging respondents to contact an attorney.
Although new eviction petitions will be accepted by the court, it appears that the cases will automatically be stayed the courts until the moratorium imposed under Executive Order 202.28 is lifted or the court issues a separate order. In the interim, the court intends to virtually conference cases where both sides are represented by counsel.
A link to the Memorandum and Order is found here.
United States Bankruptcy Court for the Southern District of New York
While New York is in the process of re-opening, pending motions for relief from the automatic stay are being adjourned in the Southern District of New York to a date after July 15, 2020. There is indication that the motions may be further adjourned until September 2020 to afford Debtors affected by a COVID hardship an opportunity to better respond to the motions. We will continue to provide updates if the motions are further adjourned by the court.
New York is continuing the slow progress of re-opening. On Wednesday, the five boroughs (New York, Kings, Richmond, Queens and Bronx) will be entering phase 1. This means that court staff and judges will be returning to the city courthouses for the first time since the shutdown in March. The expectation is that the courts will continue to operate on a virtual basis for the near future. Currently, only essential matters are being heard. As of today, we are unable to file any documents in pending matters aside from a stipulation of discontinuance. The upstate counties are already in phase 2 of re-opening. We expect that those courts will be prepared for in-person appearances (in some form) later this month.
** LEGISLATION ALERT **
We are also monitoring the legislature in New York for bills that will afford additional protections for borrowers facing COVID-19 hardships. Senate Bill 8428 was delivered to the Governor and is expected to be signed. Part C of the Bill amends the Banking Law to include section 9-x, which provides that New York regulated banking organizations and mortgage servicers are required to offer forbearance applications for qualified mortgagors demonstrating a financial hardship as a result of COVID19. The regulated entities shall grant forbearance of monthly mortgage payments for a period of up to 180-days with an option to extend the forbearance for an additional 180-day period if the hardship is continuing. The Bill further states that any mortgagor who is already under a forbearance under the 3 NYCRR Part 119 (implemented back in March) shall have the option to (1) extend the length of the loan to cover the period of forbearance (with no late fees or accumulating interest), or (2) have the forborne payments repaid over the remaining term of the loan (with no late fees or accumulating interest) or (3) negotiate a loan modification with the servicer or (4) have the forborne payments deferred as a non-interest bearing balloon payment due at maturity, refinance or sale of the property. The Bill further affords the mortgagor to raise a violation of this section as a defense to any foreclosure action commenced based upon missed payments covered by the COVID period (the period is defined as March 2020 until the COVID restrictions in NY are lifted). The Bill will take effect immediately once signed by the Governor.
U.S. Bankruptcy Court for the Northern District of New York
The Administrative Order sets forth that a forbearance must be memorialized/presented by the Notice of Mortgage Forbearance. Further, in accordance with the announcement below, should the client agree to add payments to the back end of the account should complete the Notice of Deferral of Mortgage Payments form. In addition, there is a form Request for Mortgage Forbearance Conference, which may be used for purposes of requesting a conference to address the treatment of the amounts that are/were subject to the forbearance.
The CARES Act allows homeowners having trouble paying their mortgage to ask their lender for permission to stop making payments for up to one year. The court has entered Administrative Order 20-05 to provide direction for this process. Also, three new forms have been created for use by participants in the process.
A lender who agrees to suspend mortgage payments must file a Notice of Mortgage Forbearance and Certificate of Service.
- Bankruptcy > Notices > Notice of Mortgage Forbearance and Certificate of Service, or
- Bankruptcy > Claims Actions > Notice of Mortgage Forbearance and Certificate of Service
A lender who agrees to add the suspended payments to the end of a mortgage loan should file a Notice of Deferral of Mortgage Payments and Certificate of Service.
- Bankruptcy > Notices > Notice of Deferral of Mortgage Payments and Certificate of Service, or
- Bankruptcy > Claims Actions > Notice of Deferral of Mortgage Payments and Certificate of Service
The lender, borrower or trustee may seek court intervention by filing a Request for Mortgage Forbearance Conference and Certificate of Service.
- Bankruptcy > Other > Request for Mortgage Forbearance Conference and Certificate of Service, or
- Bankruptcy > Claims Actions > Request for Mortgage Forbearance Conference and Certificate of Service
Administrative Order 20-05 and all three fillable forms are available through the links on this page and on the court’s website.
In a further effort to re-open the courts in New York, the Office of Court Administration announced that judges and their staff will resume in-person operations in Dutchess, Orange, Putnam, Rockland and Westchester counties beginning on May 27, 2020, in Ulster and Sullivan counties on May 28, 2020 and in Nassau and Suffolk counties on May 29, 2020.
Although the court previously announced that new filings would be accepted across the State starting yesterday, the ability to file both residential and commercial foreclosure actions remain restricted by the court. We will continue to provide updates on the filing capabilities across the State as they become available.
New York announced yesterday that new “non-essential” matters will be accepted for e-filing on NYSCEF beginning Monday, May 25, 2020. This includes the downstate counties that have not yet re-opened (Nassau, Suffolk, Kings, Bronx, Queens, Richmond, New York, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties). This directive expands the courts’ current filing capabilities to include new foreclosure complaints and other matters that were previously prohibited from filing since mid-March. This is a positive indication by the courts to move more cases forward.
The full Court order can be reviewed here.
In furtherance of yesterday’s notice to the clients, the courts confirmed that 30 of New York’s 62 counties will be re-opening over the course of next week. The initial re-opening is for judges and staff to report back to the courthouses, but it is expected that new filings will be accepted in those counties beginning next week.
The list of counties re-opening can be located here.
As we approach the end of Moratoriums under the CARES Act, we wanted to advise you of the current status in New York. The end of the Moratorium under the CARES Act will bring an end to any full fledged moratoriums to bring actions in New York State subject to the below. Practically, the only impediment to initiating new actions is the closure of various Courts which are now in the process of reopening for business. As they reopen, we will be able to initiate and continue with all of the matters that we are currently handling.
In March, the Governor issued an Order asking New York regulated lenders and servicers to provide forbearance agreements to those specifically impacted by COVID-19 and related unemployment. At the same time, the Governor issued a 90-day moratorium on foreclosure sales and evictions proceedings. The statewide moratorium expires on June 20, 2020. Last week, the Governor issued a new Order extending certain protections to borrowers continuing to be affected by COVID-19 until August 20, 2020. These protections include a stay of eviction proceedings and the initiation of foreclosure proceedings. We read the Governor’s Order as being in line with the CARES Act; hence, when someone reaches out to ask about a forbearance, there must be consideration given. Unlike the CARES Act, when a borrower not covered by a CARES Act define loan asks for a forbearance there is a requirement to consider it; there have been no guidelines nor terms set in place. We therefore interpret the request as requiring consideration for a forbearance agreement If the person (not covered by the CARES Act) can qualify under your guidelines, if available.
Upon the end of the CARES Act moratorium, we will prepare documents for client approval and it will be filed as soon as the Court opens. The Courts are open for various motions and other routine processes where cases need attention and we will continue to push those matters forward.
If you have any questions on NY, please feel free to reach out to our NY Team or our Value Team.
CHIEF ADMINISTRATIVE JUDGE
The Chief Administrative Judge issued this attached mandate for judges and their staff to begin processing non-essential matters effective April 13, 2020 – namely deciding fully submitted motions, holding telephonic conferences on certain cases, etc. The prohibition against filing documents/pleadings in non-essential matter continues.
Papers for non-essential cases will no longer be accepted for filing in NY until further notice.
Nothing in this order prohibits our office from drafting and serving our motions. All pleadings will simply be filed with the court once the clerks are accepting papers again.
The full Court Order can be reviewed here.
All statutes relating to response deadlines and statute of limitations period tolled by the Governor until April 19, 2020. This means all time to respond to complaints, motions or other filings are automatically extended to that time.
The full Court Order can be reviewed here.
MONROE COUNTY
The filing of foreclosure motions are suspended at this time.
NINTH JUDICIAL DISTRICT
The full Court Order can be reviewed here.
EIGHT JUDICIAL DISTRICT
The full Court Order can be reviewed here.
SEVENTH JUDICIAL DISTRICT
The full Court Order can be reviewed here.
SIXTH JUDICIAL DISTRICT
The full Court Order can be reviewed here.
FIFTH JUDICIAL DISTRICT
The full Court Order can be reviewed here.
FOURTH JUDICIAL DISTRICT
The full Court Order can be reviewed here.
COURT OF APPEALS FOR THE THIRD CIRCUIT:
3rd Circuit Court will continue with scheduled oral arguments as normal. Motion can be filed to appear telephonically.
Any document which is received within 3 days of the current deadline will be deemed timely filed without the need to file a motion unless the parties are specifically advised otherwise.
The full Court Order can be reviewed here.
SUFFOLK COUNTY
The full Court Order can be reviewed here.
RICHMOND COUNTY
Richmond County auctions for March and April are suspended. As of now, auctions for May 7th and later will remain calendared.
SUPREME COURT OF NEW YORK
NORTHERN DISTRICT
Beginning 03/23/2020 and until further notice, all scheduled Court hearings and conferences in the Northern District of NY are to be held telephonically. The full Court Order can be reviewed here.
KINGS COUNTY
- All “non-essential” functions are cancelled (essential functions are emergent matters for mental hygiene, guardianships, etc).
- All trials are adjourned
- Evictions are cancelled
- All conferences (compliance, settlement, etc) are being adjourned
- Pending motions are either being treated as “submission only” or being adjourned by the part clerks (this depends on the county)
The full Court Order can be reviewed here.
ORANGE COUNTY
Due to mounting concerns regarding the Coronavirus pandemic, foreclosure settlement conferences scheduled before me are being adjourned 45 days. More information will be available next week.
NASSAU COUNTY
The surrogates court is closed in Nassau. Any title report or a bring downs will not contain the surrogate search until further notice.
All Nassau county sales are cancelled until further notice.
Eastern District of New York
The US Trustee has filed this attached Motion in the US Bankruptcy Court for the Eastern District of New York, requesting the relief as set forth below. The Motion relates to cases in which the first date set for the meeting of creditors under § 341(a) was scheduled to fall between March 17, 2020 and April 10, 2020. In sum, the relief sought therein would extend the time frame for various actions, including the deadline to file a Complaint with respect to dischargeability as well as the deadline to submit a reaffirmation agreement, out to 90 days from the first date set for the meeting of creditors. Please note, however, that the reaffirmation agreement cannot be filed after a discharge is entered, even if the discharge is entered prior to the close of the 90 day window. The Motion is pending, with a response deadline of April 15, 2020.
In re: Restrictions on Visitors to Courthouses.” This Administrative Order sets forth the criteria designated by the court for restrictions to access. It also includes information on procedures that should be followed by those who have scheduled appearances before the Court or need access to other services offered at the courthouses. Please monitor the court websitefor any changes to the stated policy.
The Administrative Order can be found here.
NY COURTS
Updated Memo from NY Courts can be reviewed here.
Please review March 13, 2020 memo here.
SOUTHERN DISTRICT OF NEW YORK
All scheduled hearings and conferences are to be conducted telephonically using Court Solutions LLC.
Parties are to inquire with the courtroom deputy and/or assigned law clerk as to the status of any evidentiary hearing or trial ahead of time.
The full Court Order can be reviewed here.
NOTICE FROM THE UNITED STATES TRUSTEE
REGARDING THE RESCHEDULING OF SECTION 341 MEETINGS
IN THE SOUTHERN DISTRICT OF NEW YORK (ALL DIVISIONS)
On March 9, 2020, the United States District Court for the Southern District of New York (SDNY) entered a Revised Standing Order setting restrictions on visitors to courthouses (the “Standing Order”) based on the Centers for Disease Control having advised people to take precautions in light of the COVID-19 (coronavirus) outbreak. The Standing Order necessarily affects debtors who have filed bankruptcy cases in the District. The Standing Order further provides that these restrictions shall remain in place temporarily until it is determined to be safe to remove them.
PLEASE BE ADVISED that consistent with the Standing Order and in accordance with direction from the United States Trustee, the trustees will accommodate all reasonable requests for continuances of the section 341 meetings by any debtor who falls into one of the following “heightened risk” categories: (i) debtors who exhibit symptoms of a flu-like illness or have been asked to self-quarantine by a healthcare professional; (ii) debtors who have been diagnosed or exposed to a person with COVID-19; (iii) debtors within a higher risk group for COVID-19 complications per CDC guidelines; and (iv) debtors who have recently traveled, or have been in contact with someone who has traveled, to a location outside of the United States identified in the Standing Order or by the CDC as being an area with widespread or on-going community spread of COVID-19. See https://www.cdc.gov/coronavirus/2019-cov/travelers/after-travel-precautions.html, provided the debtor complies with the procedures specified herein.
PLEASE BE FURTHER ADVISED that pursuant to this Notice chapter 7 and chapter 13 trustees have implemented the following procedures regarding the conduct or continuance of section 341 meetings of creditors in bankruptcy cases that are pending in the Southern District of New York, in order to provide reasonable accommodations to debtors who fall into one or more of the above heightened risk categories.
Procedures for Section 341 Meetings
- Debtors should submit timely requests for a continuance to the trustees who are appointed to administer their cases, in accordance with United States Trustee procedures;
- Debtors must provide the required notice of the rescheduling to the court and creditors, and stipulate to the extension of related deadlines, in accordance with United States Trustee procedures that apply to rescheduling for reasons unrelated to COVID-19;
- If other alternatives are necessary or appropriate, debtors are advised to contact the trustees who are appointed to administer their cases and the trustees in consultation with the United States Trustee will work with parties to make alternate arrangements; and
- The United States Trustee will continue to monitor developments and the status of the Standing Order, and these procedures
FOR PENNSYLVANIA:
HUNTINGDON COUNTY
Sheriffs sales scheduled for 07/23/2020 and 08/27/2020 are postponed to 09/24/2020.
The full Court order can be reviewed here.
LYCOMING COUNTY
Sheriffs sale scheduled 08/07/2020 is postponed to 11/6/2020.
The full Court order can be reviewed here.
CRAWFORD COUNTY
June 5, 2020 sales have been postponed to July 10, 2020.
The full Court Order can be reviewed here.
COLUMBIA COUNTY
Sheriffs sale schedule for 07/29/2020 is postponed to 09/09/2020.
The full Court order can be reviewed here.
NORTHUMBERLAND COUNTY
Sheriffs sale scheduled 07/16/2020 is postponed to 09/17/2020.
The full Court order can be reviewed here.
MCKEAN COUNTY
As of 5/11/2020 (today) McKean County, PA is resuming service.
LUZERNE COUNTY
Currently continued sheriffs sale scheduled for June and August are continued to October 2, 2020 sale. We are awaiting news on June first listing sales.
The full Court Order can be reviewed here.
MERCER COUNTY
May 4, 2020 sales are adjourned to July 6, 2020 as long as notice has already been provided and sheriff service completed.
If we complete all the notice provisions and the sheriff completes service prior to the July sale, we can schedule sales for July 6, 2020.
The sheriff is putting a drop dead date of June 6, 2020 as the date to re-review. The July sales may be adjourned if the climate hasn’t changed by June 6, 2020.
The full Court Order can be reviewed here.
FRANKLIN COUNTY
Franklin County, PA sales for 5/8/2020 are adjourned to 7/10/2020 @ 1 pm.
The full Court order can be reviewed here.
ARMSTRONG COUNTY
The April 23, 2020 sale is postponed to June 4, 2020.
The full Court order can be reviewed here.
CUMBERLAND COUNTY
Cumberland County 8/5/2020 sales continued to 9/2/2020.
The full Court order can be reviewed here.
PENNSYLVANIA SUPREME COURT
the Supreme Court has extended the Judicial emergency for Pennsylvania through April 30th. The order states that the courts will remained closed to the general public, subject to the exceptions already set forth. As a note, individual president judges in the counties may extend their own judicial emergencies through May 31st.
The full Court Order can be reviewed here.
PA COURTS
The Supreme Court has aggregated all of the orders coming out of the state (as of 4-1-2020). The information can found on the PA Courts website here or the Stern & Eisenberg website here.
On March 20, the Supreme Court of Pennsylvania issued an order which placed a temporary stay on Court filings throughout the state. In connection with the Supreme Court’s Order, the Firm has been contacting the local counties to determine if filings would be suspended in accordance with the Supreme Court Order. In the firm’s conversations with the local counties filing clerks, it was discovered that most of the PA Counties were still accepting e-filings or filings by mail . The ONLY COUNTIES that the firm is unaware of filings not being accepted are Delaware, Luzerne, Sullivan, Tioga and Warren.The Firm has run a report for all documents that can be provided to the client for those counties that are accepting filings, in order to have those files moved expeditiously. In order to accomplish this task, the firm is uploading as many documents to the client for execution. The firm asks that if a document is uploaded, that it be executed so it can be filed as soon as possible with the Court. With the county clerks opening up their doors for filing at this time, the Firm is moving forward with business as usual, unless further guidance is received that prevents the Firm from moving forward. If the Firm receives this additional information, we will update our clients as necessary.
ERIE COUNTY
The Erie County Courthouse is closed until May 4th. All April sales are cancelled. Sales will tentatively move forward in May.
The full Court order can be reviewed here.
GREENE COUNTY
All Sheriff’s Sales are postponed until further determined by an additional court order.
The Court order can be reviewed here.
WESTMORELAND COUNTY
Sheriffs Sale Scheduled 08/03/2020 Postponed to 09/08/2020
The full Court order can be reviewed here.
The July 6, 2020 sales are postponed to September 8, 2020.
No postponement fee will be charged.
SCHUYLKILL COUNTY
All April sales are adjourned to May 27. The full Court Order can be reviewed here.
DAUPHIN COUNTY
Dauphin County is adjourning foreclosure sales from 04/16 to 06/11.
The full Court Order can be linked here.
YORK COUNTY
Sale 04/06/2020 Postponed to 06/08/2020
The full Court Order can be reviewed here.
CHESTER COUNTY
Chester County will not be holding April Sales. Sales will be re-scheduled to May 21, 2020.
The full Court Order can be reviewed here.
BLAIR COUNTY
Sheriff’s Sales of April 2020 and May 2020 are continued to the June 2020 sale date.
The full Court Order can be reviewed here.
CARBON COUNTY
Sheriff’s Sale scheduled 04/09/2020 postponed to 05/08/2020 @ 11am.
The full Court Order can be reviewed here.
BEAVER COUNTY
Beaver County Sales scheduled for 06/01/2020 and 07/13/2020 have been continued to 08/10/2020.
The full Court order can be reviewed here.
BERKS COUNTY
BERKS COUNTY
Sheriffs sale scheduled 08/07/2020 is postponed to 09/11/2020.
The full Court order can be reviewed here.
LAWRENCE COUNTY
Order of Court that there will not be any sheriff’s sales held for April 6 and May 13. They are continued to July 8.
The full Court Order can be reviewed here.
WAYNE COUNTY
Sales are postponed until on or after July 10, 2020.
The full Court order can be reviewed here.
Sheriff’s Sale’s Scheduled 03/25/2020 and 04/01/2020 postponed 30 days. The new date is TBD.
BUCKS COUNTY
- All civil hearings continued to a date after May 31, 2020.
- No Lockouts prior until after May 31, 2020
- Suspension of time calculation for filing are suspended through May 31, 2020
The full Court order can be reviewed here.
Sheriff Sale scheduled for April 9, 202 has been postponed to the May 8, 2020 Sale. Further notice to any parties is waived except by mail to Defendants, lienholders and other interested parties by USPS, proof of mailing.
The full Court Order can be reviewed here.
Sheriff’s Sale 04/09/2020 postponed to 05/08/2020.
Suspension of timelines (i.e. 10 day / judgments)
Telephonic appearances
Trials and pre-trials suspended / cancelled for a later date
April sales will be postponed. Lockouts are suspended until 04/17/2020. (E-mail from Michele Herman detailing her conversation with the Sheriff can be reviewed here).
WASHINGTON COUNTY
Sheriff’s Sale Scheduled for June 5, 2020 are postponed July 10, 2020.
The full Court order can be reviewed here.
For Washington County PA, the judicial emergency is extended through May 29th
- Time calculations are suspended through May 29, 2020.
- The Court will remain closed to the Public for most matters through June 1, 2020.
The full Court order can be reviewed here.
ALLEGHENY COUNTY
July 6, 2020 sales have been postponed to September 8, 2020.
The Full Court order can be reviewed here.
Please see the attached update regarding Allegheny County procedures. As we knew already June and July sheriff sales have been postponed to August and September. The conciliation program will begin on August 11, 2020 and August 13, 2020 and will be held remotely using advanced technology. We will be following up with the Court on exact procedures and update the clients on their specific files when the details are shared.
The Court is striking defaults judgments that were entered on or after 03/16. This means that any default judgment that was entered in Allegheny County on or after 03/16 will now be stricken (wiping it from the record like it didn’t happen)
The full Court order can be reviewed here.
ELK COUNTY
Elk County Sheriff sales scheduled for Thursday, March 19th, 2020 will be rescheduled to
Thursday, April 23, 2020.
LEHIGH COUNTY
- Civil motions are cancelled through and including May 31, 2020
- Trials are continued through and including May 31, 2020, to a new date to be determined
- Judges may request hearings by alternative technology or will be continued until after May 31, 2020
- Mortgage Conciliation conferences through May 31, 2020 are being continued to a new date to be determined.
- Sheriff Sales scheduled for March 27, April 24, and May 29 are continued to June 26, 2020
- Time computation and deadlines are suspended through May 31, 2020.
- No lockouts through and including May 31, 2020
The full Court order can be reviewed here.
Conciliations in Lehigh County are cancelled for May 13, 2020 & May 20, 2020. New dates will be scheduled.
No Filing Restrictions.
Timelines will be suspended (i.e. 10 day / judgments).
The full Court Order can be reviewed here.
LANCASTER COUNTY
- Non-Jury trials can be scheduled after requesting permission from the judge.
- Pleadings that were required to be filed between 03/18/2020 and 04/30/20220 will be deemed filed as long as it is filed within 60 days of the date it was supposed to be filed. Extensions can be provided upon motion to the Court.
- Pleadings that were required to be filed between 05/01/2020 and 05/31/20220 will be deemed filed as long as it is filed within 30 days of the date it was supposed to be filed. Extensions can be provided upon motion to the Court.
- Sheriff Sales will take place on 05/27/2020
The full Court order can be reviewed here.
DELAWARE COUNTY
All sales scheduled for July 17th and August 21st are postponed to September 18th @ 11am.
The full Court order can be reviewed here.
MONROE COUNTY
All Sheriff sales postponed to September 24th at the earliest.
The full Court order can be reviewed here.
The June 25, 2020 Sheriff sale is continued to July 30, 2020.
The properties currently scheduled for July 30, 2020 are postponed to August 27, 2020.
The county is also allowing any sales currently scheduled to June, July and August to September, October or December.
The full Court order can be reviewed here.
BUTLER COUNTY
03/20/20 sales continued to 05/15/2020. The Court Order can be reviewed here.
All sales postponed to May 15, or any regularly scheduled sale thereafter. The Court Order can be reviewed here.
ADAMS COUNTY
Sheriff Sale Scheduled for 6/19/2020 is rescheduled for 7/17/2020 @ 10:00 AM.
The full Court order can be reviewed here.
Filings shall be open from 8:30 AM to 4:00 PM through April 13, 2020.
Civil proceedings and motions will be taken on a case by case basis and must be raised to the chambers of the presiding judge.
EASTERN DISTRICT
Eastern District is physically closed and no one is permitted inside until 03/30.
E-filing is not affected.
The full Court Order can be reviewed here.
Eastern District of PA Bankruptcy Court indicates that hearings on both the Philadelphia and Reading dockets will continue to take place, albeit telephonically. Also, the Court will liberally grant adjournment requests.
The full Court Order can be reviewed here.
By Order of the District Court, the Ronald Reagan Federal Building in Harrisburg is closed until further notice. However, the Bankruptcy Court remains open for business by electronic means. Please note that all Harrisburg bankruptcy proceedings will take place as scheduled.
All appearances moving forward are to be telephonic for Eastern District of PA until further notice. The Court Order can be reviewed here.
Effective immediately, all in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are hereby continued until a later date to be determined. Absent special circumstances, section 341 meetings may not proceed during this period except through telephonic or other alternative means not requiring personal appearance by debtors. Appropriate notice will be provided to parties in accordance with bankruptcy law and rules.
Meetings already noticed as telephonic meetings may proceed as scheduled.
Per this attached Order from the Eastern PA BK Court, any deadline related to the rules below that did not expire prior to 03/18/20 is extended to May 18, 2020. While these rules do not often come into play in our client’s cases, there may be residual delays built in to the cases due to the extensions set forth in this Order.
4004 – Grant or Denial of Discharge
4007(c) – Re: Time for filing a Complaint under FRBP 523(c) (Re: Dischargeability)
1017(e) – Dismissal of an Individual Debtor’s Chapter 7 Case or Conversion to a Case Under Chapter 11 or 13
All matters scheduled to be heard before Judge Stong on Tuesday, March 24, 2020, will be adjourned to the same time on Tuesday, May 5, 2020 .
All matters scheduled to be heard before Judge Stong on Wednesday, March 25, 2020, will be adjourned to the same time on Wednesday, May 6, 2020.
PIKE COUNTY
The May 20, 2020 Pike County Sheriff sales are continued to August 19, 2020.
The full Court order can be reviewed here.
All April 15, 2020 Sheriff sales are postponed to July 22, 2020. No new service is required.
The full Court order can be reviewed here.
MIDDLE DISTRICT
The Middle District of Pennsylvania Bankruptcy Court: There will be no Motions for Relief granted on the basis of a lack of response by the Debtor. Every such Motion will have a hearing prior to adjudication.
All Middle PA Bankruptcy hearings to be telephonic. Also, all evidentiary hearings and trials scheduled from now through 4/17/20 are continued 28 days. The Court Order can be reviewed here.
The Court Order can be found here.
PAMB – Effective immediately, all in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are hereby continued until a later date to be determined. Absent special circumstances, section 341 meetings may not proceed during this period except through telephonic or other alternative means not requiring personal appearance by debtors. Appropriate notice will be provided to parties in accordance with bankruptcy law and rules.
WESTERN DISTRICT
The Court allows and encourages all counsel and other litigants to appear telephonically.
Of further note, the requirement to submit paper copies of filed documents is suspended.
This Order is in effect until April 30, 2020, or as further extended.
The full Court Order can be reviewed here.
All jury trials are suspended through 4/27/2020. The Court order can be reviewed here.
NORTHAMPTON COUNTY
The Conciliation Conferences for this Friday, March 20th, have been rescheduled to April 24th in light of the ongoing health concern.
The April 3rd conferences will be rescheduled to May 1st. A new Case Management Order will go out to all parties in each case that is on the April 3rd list along with a letter explaining the change in dates.
PHILADELPHIA COUNTY
Of Note,
- Mortgages not subject to Act 6/91 may be filed with an appropriate coversheet. This will include vacant and commercial properties.
- The stay of issuance of residential writs of possession and the execution or enforcement of residential writs of possession is extended to August 31st.
- No final disposition may be ordered until August 31, 2020 in connection with residential landlord-tenant, ejectment and mortgage foreclosure claims filed in the Court of Common Pleas before May 11, 2020.
The full Court order cane be reviewed here.
July 7, 2020 sales are postponed to October 6, 2020.
August 4, 2020 sales are postponed to November 19, 2020.
September 1, 2020 sales are postponed to December 1, 2020.
The full Court order can be reviewed here.
All sales scheduled for May 5, 2020 in Philadelphia County are adjourned to July 7, 2020.
The full Court order can be reviewed here.
Time calculations for the purposes of time computation relevant to court cases or other judicial business, as well as time deadlines, are suspended pursuant to Pennsylvania Rule of Judicial Administration 1952(B). Any legal papers or pleadings which are required to be filed between March 17, 2020 and March 31, 2020 will be deemed to have been timely filed if they are filed on Monday, April 6, 2020.
Jury and non-jury trials, both criminal and civil, are suspended and will be scheduled at a later date. Jurors DO NOT need to report for jury duty.
All civil pre-trial conferences, case management conferences, diversion programs, discovery lists, arbitrations and trials are cancelled or postponed
All Civil filings are suspended except for civil Emergency Petitions which shall be restricted and pursuant to the procedure set forth below.
The full Court Order can be reviewed here.
The Philadelphia Municipal Court’s landlord-tenant officer will not perform any evictions for a two-week period beginning on Monday, March 16. The landlord-tenant officer’s office, however, will remain open to process new work. The landlord-tenant officer will contact landlords to reschedule evictions already scheduled during the two-week period. Patrick F. Dugan, President Judge Bradley K. Moss, Supervising Judge John J. Joyce, Deputy Court Administrator Marisa Shuter, Landlord-Tenant Officer
Philadelphia won’t issue new writs of possession and we cannot enforce existing ones until April 12, 2020 or until further order of Court. The Court order can be reviewed here.
In response to guidance form the Philadelphia County Health Department:
As part of the Diversion program’s evolving response to COVID-19, the conciliation lists of March 19th and March 26thare cancelled. Conciliation conferences scheduled on these dates will be rescheduled by The Office of Judicial Records to dates in late May or early June. This hiatus is specific to Diversion. Other programs within the FJD should be presumed to be operating according to standard procedures, unless otherwise indicated.
MONTGOMERY COUNTY
The county Court shall remain closed until June 1, 2020.
The full Court order can be reviewed here.
Judicial emergency declared through April 14th., and all timelines are tolled.
The Court is closed for emergency motions only.
All mortgage court conferences scheduled for 3/20/20 are postponed until further notice. A notice of postponement has been posted on the county website as well. Kindly advise all interested parties of the postponement.
The orders in place no do not prevent us from filing the Complaint or serving it. It does stop calculating time for answers to the complaint. The impact on the firm and our clients is that files in which we would normally be able to send a 10 day notice and/or enter default judgment will be delayed by this. This will delay the foreclosure timeline for files that are ready for judgment in Montgomery county during this period.
The administrative order can be found here.
To emphasize again, the most impactful part is:
The Montgomery County March 25, 2020 Sheriff Sale has been postponed to April 29, 2020, per the attached Court Order (here).
WEST VIRGINIA:
WV Court shutdown extended to May 1.
The full Court order can be reviewed here.
Some localities may be more restrictive in their response to Covid-19 than others. We need to approach each referral in West Virginia on a case by case basis. We will be providing specific county updates as we receive them.
SOUTHERN DISTRICT
In person 341 hearings for Chapter 7, 12, 13 meetings in the S.D.W.V. scheduled through 04/10/2020 have been continued until a later date. They can be done telephonically with notice to the parties. Because 341 hearings are being continued, Trustee’s motion to dismiss timeline and the timelines with regards to dischargeablility and questions of dischargeablility have been extended 60 days following the 341 hearings.
FOR VIRGINIA:
HENRICO COUNTY
| Henrico County Henrico County will be closing their offices to the public will not record via paper or electronic recording until further notice. For any questions, please contact Simplifile Support by chat or at 800.460.5657 ext 3. |
CHESTERFIELD COUNTY
Chesterfield County – Chesterfield County will be closing their offices to the public will not record via paper or electronic recording until Thursday, March 19, 2020. For any questions, please contact Simplifile Support by chat or at 800.460.5657 ext 3.
FOR ALABAMA:
MIDDLE DISTRICT
Announcement of § 341 Meeting of Creditors by Zoom for Government
Effective September 1, 2020
Due to the public health crisis related to COVID-19, the U.S. Bankruptcy Administrator for the Middle District of Alabama is implementing the following temporary policies and procedures with respect to all § 341 meetings of creditors beginning September 1, 2020.
All § 341 meetings of creditors scheduled on or after SEPTEMBER 1, 2020 will be conducted remotely via video conference using Zoom for Government until further notice.
The notice of case commencement sent by the Court will provide a meeting invitation link to connect to the meeting. Unless other accommodations are made with the Trustee in advance, video appearance is required for the debtor, debtor’s counsel, and any creditors wishing to appear from a device connected to the internet with a camera and microphone enabled.
Registration is not necessary to participate in a Zoom video conference. However, if your device uses the IOS operating system (iPhones, iPads or Apple computers), you must download the free Zoom mobile app from the App Store.
To ensure meetings run smoothly, parties should familiarize themselves with the mandatory Video Conference Guidelines, required of all parties, and which can be found
https://www.almba.uscourts.gov/announcements/videoconferenceguidelines.pdf .
Additionally, to enable the Trustee to verify the identity of the debtor(s), a copy of the debtor’s government issued identification MUST be uploaded to the Trustee’s document delivery portal by 12:00 PM two (2) business days prior to the § 341 meeting as follows:
• Chapter 7 cases: https://documentdelivery.axosfs.com
• Chapter 13 cases: www.13documents.com
Counsel who do not have access to the chapter 7 or chapter 13 document delivery portal must contact the appropriate Trustee within 7 days of the petition being filed to gain access.
Debtors who are not represented by counsel must email a copy of their government-issued identification as follows:
• Montgomery & Opelika Chapter 7 cases: cwilkins@cbwlegal.com
• Dothan Chapter 7 cases: wcarn@billcarn.com
• ALL Chapter 13 cases: 13Trustee@ch13mdal.org
Nothing contained herein affects the debtor’s requirement to submit and provide all other necessary documents, including tax returns, to the Court and the Trustee.
ALABAMA SUPREME COURT
All in-person proceedings are suspended through April 16, 2020. The Court Order can be reviewed here.
All hearings will be held telephonically. Additional details can be found here.
BANKRUPTCY UPDATES:
Bankruptcy updates for the Stern & Eisenberg footprint can be reviewed in detail here.
