Economic turmoil brought on by the coronavirus pandemic has created much concern about a potential rise in residential foreclosures.

On August 5, 2020, Governor Jim Justice followed his presentation on school reopening with a plea to avoid evictions and foreclosures. Addressing landlords and banks, he said, “You’ve got people that are on unemployment and everything and they’re waiting because now their checks and their payments are being somewhat suspended – those bonus dollars that they need very badly. . . . We absolutely need to help these people. And so, from the standpoint of our landowners, our landlords, and our banks, please give these people a pass for right now. They really, really need it.”

Then on August 8, 2020, President Donald Trump issued his Executive Order on Fighting the Spread of COVID-19 by Providing Assistance to Renters and Homeowners. The Executive Order observes that the CDC have concluded that the pandemic has led to increased unemployment that, in turn, “may lead to greater risk of eviction and homelessness or sharing of housing.” The CARES Act moratorium on certain evictions has expired, and evictions are expected to increase. “Accordingly, my Administration, to the extent reasonably necessary to prevent the further spread of COVID-19, will take all lawful measures to prevent residential evictions and foreclosures resulting from financial hardships caused by COVID-19,” the Executive Order States. The Executive Order then directs various Secretaries to evaluate additional moratoriums, identify available relief funds, and take other lawful actions to avoid evictions and foreclosures...