Skip to content
The COVID Project
  1. Library
  2. State courts
  3. AGY-ST-COURTS-030

Ex. AGY-ST-COURTS-030 Order Primary source read

Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act')

Requirement that every foreclosure plaintiff file an Affidavit in Support of Compliance with the CARES Act before any action in a mortgage foreclosure may proceed

Superior Court of the State of Delaware · Superior Court of the State of Delaware (statewide) (Court)

The COVID Project

The record

Jurisdiction
Superior Court of the State of Delaware (statewide) · Delaware
Level
Court
Authority
Court's administrative authority over mortgage-foreclosure proceedings; CARES Act § 4022; HUD Mortgagee Letters 2020-04, -13, -19; Governor's Sixth and Twenty-Third Modifications of the State of Emergency (all recited)
Issued
2020-07-21 July 21, 2020
Effective
2020-07-21
End
Not stated (continued while the federal moratoria applied; end not verified) (read as 2021-09-30)
In force
July 21, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • mortgage foreclosure plaintiffs (lenders and servicers) and their counsel
Functions reached
  • SV servicing, collections and foreclosure (lenders and servicers)
  • CL closings (REO and foreclosure sales)
  • PM property management
Collection
State courts AGY-ST-COURTS

Operative words

NOW, THEREFORE, this 21st day of July, IT IS ORDERED that the Plaintiff, or an Authorized Agent of the Plaintiff file an Affidavit in Support of Compliance with the CARES Act (see Exhibit 1), before any action in a mortgage foreclosure matter may proceed.

Enforcement

Condition precedent to any step in a foreclosure action in the Superior Court

Notes

Recites the Governor's Sixth Modification (Mar. 24, 2020) moratorium on evictions and foreclosures 'to enable Delawareans to shelter in place safely' and its July 1, 2020 replacement, and HUD's FHA moratoria to Aug. 31, 2020.

Retrieval note

Court's file name labels the document 'administrative order 2020-1 affidavit in support of compliance with the CARES Act'; an amended version (Aug. 2020) exists on the court's site (id=123308), not saved.