August 5, 2021

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Residential Evictions: What Homeowners Need to Know – July 2021 | Lowenstein Sandler LLP

From July 2nd, 2021

EXECUTIONS

Can I be removed from my home due to foreclosure proceedings during the COVID-19 emergency?

No. On March 19, 2020, New Jersey Governor Philip Murphy announced Implementing Ordinance 106who have been subjected to evictions and deportations across the state. This is known as the “eviction moratorium” and means that, except in rare cases, No homeowner is currently allowed to be removed from their home due to foreclosure proceedings. They cannot be removed even if a Final judgment on foreclosure has been entered and a Selling the sheriff Your property took place. The eviction moratorium makes Not Influence legal proceedings; instead, it prevents removal. More information about the legal process can be found below.

How long will the eviction moratorium last?

The eviction moratorium lasts until January 1, 2022unless the governor finishes earlier. On July 24, 2021, the state parliament passed a invoice (S3691 / A5865), which the eviction moratorium for homeowners on November 15, 2021. The bill has widespread support and can come into force every day.

Do I still have to pay my mortgage?

Yes. Sooner or later you will have to make your mortgage payments. However, if you need additional time, help is available for some.

When you get a mortgage from the Federal Housing Administration for a single family home you have the right up September 30, 2021 asking for forbearance (pause in payment) to alleviate financial hardship due to the pandemic. The initial deferral period for applications made before July 1st is up to 12 months. The grace period for new applications made between July 1, 2021 and September 30, 2021 is six months. You also have the right to apply for an additional six month mortgage deferral if you requested a deferral on or before June 30ththe. This relief applies to all homeowners with an FHA-insured Forward or Home Equity Conversion Mortgage (HECM) loan and homeowners with a Section 184 or Section 184A mortgage loan.

Homeowners Who Hold Up Single family mortgages from Fannie Mae or Freddie Mac and who have completed moratorium by February 28, 2021 may be entitled to a three month extension of their mortgage forbearance. Real estate owners who hold up Multi-family mortgages from Fannie Mae or Freddie Mac can apply Forbearance through September 30, 2021. Multi-family borrowers must agree to certain tenant protection measures in order to receive mortgage forbearance. For more information on mortgage forbearance, see Help page of the Consumer Protection Agency.

In addition, Governor Murphy has announced some important relief for homeowners with mortgages, even those that are not supported by the federal government. When you contact your mortgage servicer, you may be entitled to: (1) a 90 day grace period for mortgage payments; (2) Assurance that the service provider will not report late or missed payments to credit reference agencies during this period; (3) a 60-day moratorium on the initiation of foreclosures or evictions by servicers; and (4) exemption from certain fees and charges for at least 90 days. Further information can be found in the frequently asked Questions issued by the state. You can also visit the website of New Jersey housing and mortgage finance agency for up-to-date information on available help and access to a list of counselors by county.

If you need advice on financial assistance from homeowners, you can contact. turn Housing assistance NJ.

Is there a national moratorium on evictions?

Yes, for some homeowners. On June 24, 2021, the Biden administration announced that it has coordinated with three federal agencies – the Department of Housing and Urban Development (HUD), the Department of Veterans Affairs (VA), and the Department of Agriculture (USDA) – to extend their existing federal mortgage loan foreclosure moratoriums, including FHA insured, VA-guaranteed, and USDA Loan, due for a final month July 31, 2021. The Federal Housing Administration extended its foreclosure and eviction moratorium to all homeowners with an FHA-insured Forward or Home Equity Conversion Mortgage (HECM) loan and homeowners with a Section 184 or Section 184A mortgage loan July 31, 2021.

On February 25, 2021, the Federal Housing Finance Agency extended Fannie Mae and Freddie Mac’s foreclosure and eviction moratoriums July 31, 2021. The moratorium on foreclosure applies to single-family mortgages secured by Fannie Mae or Freddie Mac. The eviction moratorium applies to land that these companies have acquired through foreclosure.

COURT HEARINGS

Can lenders still initiate foreclosure proceedings during this time?

Not if you have a single-family FHA mortgage. The foreclosure moratorium passed by the FHA prevents service providers from filing through foreclosure proceedings against single-family mortgage holders July 31, 2021. This period can be extended by additional official measures or legal provisions.

Yes, if you don’t have a single family FHA mortgage. The State First command and related legislation expressly point out that lenders can initiate foreclosure measures during the period of validity of the order. The Supreme Court Foreclosure Office accepts new cases and electronic filings in existing cases.

Will the Foreclosure Office process cases during this period?

Yes. The foreclosure office handles portions of most foreclosure cases and handles most of the process when a foreclosure is “undisputed,” meaning the homeowner has not submitted a response to the complaint. Under a Order June 25, 2020 Issued and repeatedly renewed by the New Jersey Supreme Court, the Office of Foreclosure is handling cases as usual. If you have any questions about a pending, uncontested foreclosure proceeding, you can contact the Office of Foreclosure at 609-421-6100 or [email protected].

Will the courts hear foreclosure cases during this period?

Yes. There is no stay of court order in dispute foreclosure cases (where the homeowner responded to the complaint). Please note, however, that under a Order February 23, 2021, “Legal Actions. . . continue in a remote format as much as possible. ”Until the court overturns or changes the order, most hearings, conferences and arguments will be held over video or telephone. If you have any questions, please contact the court in which the proceedings are pending. Please also check the New Jersey Courts website for up-to-date information on how and when proceedings take place.

ELECTRICITY, GAS, WATER

Can my utilities, water, phone, and internet be shut down during the COVID-19 crisis?

No, but some apartments may be blocked from January 1, 2022. Executive Order 229, which has suspended the cordoning off of residential and water supply systems, ended on June 30, 2021. The governor terminated a state-orderedPayment term” by December 31, 2021 which continues many of the protections in Executive Order 229 (e.g., requiring cable and telecommunications providers to offer their customers certain payment plans, prohibiting utilities from cutting off customers while they make timely payments under those plans, and protecting against Households with personal internet service accounts currently used by school age children for educational purposes after being disconnected). The transition period until December 31, 2021 is intended to give utility customers who are late with their payments time to sign up for payment support plans. The end of the grace period falls during the state’s annual winter service shutdown ban, which protects certain vulnerable families from shutdowns by utility companies November 15th to March 15th each year.

Do I still have to pay for utilities and water?

Yes. You still have to pay the electricity, gas, water, phone, or internet bills that you normally pay. If you can’t pay now, you’ll have to pay later. The Department of Community Affairs (DCA) caters to low-income tenants Help with some utility bills; You can call the customer service number on your utility bill or look it up Hereto try to work out a payment plan; or you can check that out website the Board of Public Utilities for a list of agencies that offer assistance.