The COVID Project
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
statutory prohibition on servicers and lessors; 15 U.S.C. §§ 9056, 9058
Notes
The statutory root of the federal moratoria;
Retrieval noteStatutes at Large pins: § 4022 at 134 Stat. 490-91; § 4023 at 491-92; § 4024 at 492-94; § 15002 at 528-30. The § 4024(b) text is summarized in brackets from the enrolled text where the column layout broke the lines.