Bendett & McHugh, P.C. Vermont Update

• By: ALFN
• On: 04/16/2020 13:36:53
• In: COVID-19

The Supreme Court of the State of Vermont has issued an extension of its Administrative Order No. 49 which cancelled all hearings and trials through April 15, 2020. Under this Amendment (attached), the cancellation of hearings and trials has been extended through May 31, 2020.  This may delay the entry of Judgment in matters where the court is requiring a hearing. This limitation will not affect all matters currently before the court, as many motions for judgment are taken on the papers and do not require a hearing.
 
The Governor of the State of Vermont has also extended its Stay Home Order under Executive Order 01-20, which became effective on March 25, 2020. Under the Addendum (attached), the Stay Home Order has been extended through Friday, May 15, 2020. Although not expressly stated under this Order, all foreclosure sales are stayed through May 15, 2020. Any sale that would occur during this timeframe may not be deemed commercially reasonable due to the lack of public participation.
 
Please also note that Chittenden, Franklin/Grand Isle, Rutland, Washington, Windham, and Windsor Counties have issued standing orders staying foreclosure sales from occurring within these counties for 90 days from their respective effective dates.  Copies of the standing orders are attached. These orders also extend any sale deadlines that would occur during this timeframe. All matters where the sale date can be scheduled in these counties will be scheduled for a date to occur upon the expiration of the 90 day court implemented moratorium.
 
If you have any questions, please feel free to contact Rachel Ljunggren at rljunggren@bmpc-law.com or 860-470-2666.

Washington Civil Divison Standing Order
Addendum 9 to Executive Order 01-20
Administrative Order
Rutland Standing Order
Windsor Standing Order
Chittenden Civil Standing Order