Court Updates (VT, PA) - Schiller, Knapp, Lefkowitz & Hertzel, LLP

• By: ALFN
• On: 06/19/2020 12:50:43
• In: COVID-19

VERMONT UPDATES
 
FNMA, FHLMC, HUD, VA & USDA have a foreclosure and eviction moratorium in place until June 30, 2020. The Governor of the State of Vermont signed Amended and Restarted Executive Order No. 01-20 on June 15, 2020 and shall continue through midnight on Wednesday, July 15, 2020. S333 extends the foreclosure stay until 30 days after the SOE ends so owner occupied foreclosures are stayed until August 15.
 
The Governor of the State of Vermont signed Bill S333 into law on May 14, 2020. The breakdown of the bill is below:
 
• Emergency Period: March 13, 2020 through 30 days after the governor terminates the state of emergency. Applies to:
– Residential Dwelling Units – Evictions
– Dwelling House – Foreclosure
– Excludes vacant properties where all the following are true:

1. Factors infer vacancy – utilities disconnected, mail not delivered, empty of necessary household furnishings
2. Mortgage in default
3. Attempts to ascertain mortgagor's residence and reasonable belief no longer mortgagor's residence

– Existing Foreclosures and Evictions are stayed, as well as Writs of possession
 
• New Foreclosures and Evictions:
– Allows filing of action
– Action is immediately stayed, no service until after termination of emergency
 
• Emergency applications where relief is necessary due to criminal activity, illegal drug activity, or other circumstances that threaten health, safety, or welfare
 
PENNSYLVANIA UPDATES
 
Postponement of July, August and September Mortgage Foreclosure Sales in Philadelphia County.
 
On June 18, 2020 under Pa.R.J.A. No 1952 (B)(2), and the Judicial Emergency declared by the First Judicial District, Philadelphia County Sheriff's Mortgage Foreclosure Sales are postponed and rescheduled as follows:
 
• Foreclosure Sale scheduled for Tuesday, July 7, 2020; postponed and rescheduled for Tuesday, October 6, 2020.
• Foreclosure Sale scheduled for Tuesday, August 4, 2020; postponed and rescheduled for Tuesday, November 10, 2020.
• Foreclosure Sale scheduled for Tuesday, September 1, 2020; postponed and rescheduled for Tuesday, December 1, 2020.