News & Analysis as of September 19, 2024

Residential Leases

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Little-Known Chicago Rental Ordinance Amendment Impacts Unsuspecting Foreclosing Lenders

Holland & Knight LLP on 7/24/2024

A foreclosing lender must offer existing Chicago tenants a new 12-month lease or pay them a substantial $10,600 relocation fee – and the tenant can decide which one to choose. This 2021 amendment to the Keep Chicago Renting...more

New Requirements and Stays Imposed by New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020

Blank Rome LLP on 2/3/2021

On December 28, 2020, in response to the COVID-19 pandemic, the New York legislature met in a Special Session and passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”) (S.9114/A.11181),...more

Residential Eviction Extension Proposal Includes Landlord Relief

Tonkon Torp LLP on 11/25/2020

Oregon House Bill 4213, as extended by Governor Kate Brown’s Executive Order 20-56, currently prohibits eviction of residential tenants for non-payment of rent through December 31, 2020, as previously discussed. However, with...more

Massachusetts Eviction and Foreclosure Moratorium Expires and is Replaced by a More Limited CDC Order

Bowditch & Dewey on 10/20/2020

On October 17, 2020, the Baker-Polito administration allowed the Massachusetts moratorium on residential foreclosures and residential and small business evictions to expire. Accordingly, commercial landlords may proceed with...more

California Enacts Legislation Preventing Residential Evictions and Granting Protection From Foreclosure as a Result of Hardship...

Snell & Wilmer on 9/3/2020

On August 31, 2020, California Governor Gavin Newsom signed into law AB 3088 (the "Bill"), extending a statewide stoppage of evictions for unpaid rent due to the COVID-19 pandemic and granting protection from foreclosure to...more

Residential Evictions: What Homeowners Need To Know - UPDATED September 2020 #1

Lowenstein Sandler LLP on 9/1/2020

REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which immediately...more

Real Estate Industry Alerts Tracker - August 2020 Issue #4

Kelley Drye & Warren LLP on 8/24/2020

California Eviction Moratorium to End on September 1, 2020 - On August 13, 2020, the Judicial Council of California voted to lift the moratorium on evictions and foreclosure filings on September 1st – approximately two...more

Executive Orders, Administrative Court Orders, and Legislation: The Ever-Changing NY Landscape on Foreclosures, Evictions, and...

Mintz - Real Estate, Construction &... on 8/19/2020

The landscape for foreclosures and evictions in New York State is constantly evolving. With the entire State of New York in Phase 4 of New York Forward, the courts have begun to reopen (at least virtually) and certain...more

Massachusetts Governor Extends Moratorium on Evictions and Foreclosures

Partridge Snow & Hahn LLP on 7/23/2020

Previously set to expire August 18, 2020, Governor Baker has extended Chapter 65 of the Acts of 2020, An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency (the “Act”), by 60 days...more

New Law Prohibits Foreclosures In Oregon Until September 30, 2020

Tonkon Torp LLP on 7/9/2020

During the special session held between June 24 and June 26, the Oregon legislature passed, and Governor Brown signed into law, HB 4204, which prohibits foreclosures in Oregon from March 8, 2020 until September 30, 2020. It...more

Nevada Lifts Commercial Evictions and Foreclosures Moratorium

Ballard Spahr LLP on 7/6/2020

The State of Nevada lifted the moratorium on commercial evictions and commercial foreclosures in the state, effective July 1, 2020....more

The Status of Eviction-Related Orders in Texas

Jackson Walker on 5/28/2020

Starting May 19, 2020, trials, hearings, and proceedings for residential evictions have been allowed to resume across the state of Texas. On March 19th, the Texas Supreme Court issued an order temporarily suspending...more

MA Executive Office of Housing & Economic Development Issues Regulations and Guidance on COVID-19 Eviction Moratorium

Bowditch & Dewey on 4/30/2020

Earlier this month, the Massachusetts legislature passed Chapter 65 of the Acts of 2020 (the “Act”), which imposes a moratorium on certain evictions and foreclosures during the COVID-19 state of emergency. On April 28, the...more

Massachusetts Pauses Residential and Commercial Evictions and Residential Foreclosures During the COVID-19 State of Emergency

Bowditch & Dewey on 4/23/2020

As the Covid-19 global emergency continues, so does its economic impact. The Massachusetts legislature and Governor Baker have enacted numerous initiatives aimed at, among other things, Massachusetts’ economic stability and...more

Massachusetts Gov. Baker Signs Law Providing for Moratorium on Evictions and Foreclosures

Goodwin on 4/21/2020

On Monday, April 20, 2020, Massachusetts Governor Charlie Baker signed House Bill No. 4647, An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency, enacted by the Massachusetts...more

Nevada Suspends Commercial and Residential Evictions and Foreclosures Due to COVID-19 Crisis

Snell & Wilmer on 4/9/2020

Nevada recently joined the rapidly-increasing list of states suspending or barring eviction and foreclosure actions during the COVID-19 pandemic. By both executive directives and judiciary orders, almost all foreclosure and...more

“Quiet Enjoyment” May Not Work, But New York Law and Leases May Provide Other Avenues for Relief for Commercial Tenants

Seyfarth Shaw LLP on 4/6/2020

As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more

Stoel Rives Guide to Washigton State Eviction Moratoria

Stoel Rives LLP on 4/1/2020

1. HUD Moratorium on Foreclosures and Evictions. On March 18, 2020, the U.S. Department of Housing and Urban Development issued Mortgagee Letter 2020-04 directing mortgage servicers to stop all foreclosures (initiation and...more

CARES Act Provisions Affecting Bankruptcy And Residential Mortgage Loans

Rosenberg Martin Greenberg LLP on 3/31/2020

The Coronavirus Aid, Relief and Economic Security Act (“CARES”) enacted on March 27, 2020 contains a number of provisions affecting bankruptcy cases, modification and enforcement of federally backed residential mortgage...more

COVID-19 Legal Update: How Are Evictions And Lien Foreclosures Impacted Following California Executive Order N-28-20?

Stoel Rives LLP on 3/23/2020

On March 16, 2020, Governor Gavin Newsom issued Executive Order N-28-20 (“Order”) regarding evictions and foreclosures in California. This Order is relevant to every person and business involved in the rental, ownership, or...more

CA Authorizes Cities And Counties To Halt Evictions

Fox Rothschild LLP on 3/22/2020

The State of California has authorized cities and counties to enact broad measures to place moratoriums on evictions for non-payment of rent as a result of the COVID-19 emergency. Gov. Gavin Newsom issued an executive...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Tenants and Personal Property after a Foreclosure Sale

Shumaker, Loop & Kendrick, LLP on 4/4/2018

After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired residential property either occupied by a tenant in possession or filled...more

Real Property & Title Insurance Update: Weeks Ending December 2 & 9, 2016

Carlton Fields on 12/15/2016

REAL PROPERTY UPDATE - Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more

North Carolina Governor Signs HB 174/Session Law 178 into Law – Altering Foreclosure Rights & Remedies in the Landlord-Tenant...

Bradley Arant Boult Cummings LLP on 8/14/2015

North Carolina Governor Pat McCrory signed HB 174/Session Law 178 into law on August 5, modifying several requirements to the foreclosure process in the landlord-tenant context. Of particular importance, the bill amended the...more

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