Update to Delaware CARES Act Affidavit Requirements

Update to Delaware CARES Act Affidavit Requirements

The Stern & Eisenberg team had previously notified all clients in 2021 of the new Affidavit of Compliance (CARES Act Affidavit) required by the Superior Court of the State of Delaware in order for any foreclosures to move forward. In order to file a complaint in foreclosure the Delaware Superior Court required the CARES Act Affidavit to be executed in conjunction with the filing of a mortgage foreclosure complaint. The purpose of the CARES Act Affidavit was to swear compliance with regard to various federal moratoriums concerning the COVID-19 pandemic, to ensure that borrowers were being protected from losing their homes while the COVID-19 Pandemic was ongoing.

On January 29, 2024, the Presiding Judge of the Delaware Superior Court issued 
Administrative Order 2024-2. Under the Order, the Presiding Judge notated that at this time the Federal Moratorium have expired and a movant is no longer required to file an Affidavit of Compliance pertaining to the COVID-19 Pandemic.

If you have any questions, please contact our Delaware Managing Attorney, Catherine Di Lorenzo, Esquire or contact the Stern & Eisenberg Value Department.

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