CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings)

The record

Jurisdiction

United States

Level

Federal

Authority

Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020), §§ 4022 (15 U.S.C. § 9056), 4023 (15 U.S.C. § 9057), 4024 (15 U.S.C. § 9058), 15002

Issued

2020-03-27 Mar. 27, 2020

Effective

2020-03-27; § 4022(c)(2) foreclosure moratorium 'for not less than the 60-day period beginning on March 18, 2020' (to May 17, 2020); § 4024 eviction moratorium for the 120-day period beginning Mar. 27, 2020 (to July 24, 2020) plus 30 days' notice; § 4022 forbearance of up to 180 days plus 180 days on request during the covered period (read as 2020-03-27)

End

§ 4022(c)(2): 2020-05-17 (extended administratively by FHFA, HUD, VA and USDA to July 31, 2021); § 4024: 2020-07-24 (notices to vacate not before Aug. 24, 2020); § 4022 forbearance: through the covered period (end of the national emergency) (read as 2021-09-30)

In force

Mar. 27, 2020 to Sept. 30, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Courts and public officesOther

Addressees

• servicers of federally backed mortgage loans
• landlords of covered properties (federally backed or federally assisted)
• federal courts

Functions reached

• SV loan servicing, collections, foreclosure (banks, credit unions, servicers)
• PM property management: eviction filings barred for covered dwellings Mar. 27 - July 24, 2020
• ML mortgage lending (forbearance affects pipeline and secondary market)
• CT court dockets

Collection

Federal commerce, travel, workplace and finance layer FED-B

Operative words

SEC. 4022(c)(2) FORECLOSURE MORATORIUM.--Except with respect to a vacant or abandoned property, a servicer of a Federally backed mortgage loan may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale for not less than the 60-day period beginning on March 18, 2020.... SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.... (b) [During the 120-day period beginning on the date of enactment, the lessor of a covered dwelling may not make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges, or charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.]... SEC. 15002(b)(1): if the Judicial Conference of the United States finds that emergency conditions due to the national emergency... will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding... may authorize the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available...

Enforcement

Notes