All industry agencies and investors extended pandemic foreclosure and eviction moratoriums through July 31, 2021. Please refer to the below list of industry announcements.
FACT SHEET: Biden-Harris Administration Announces Initiatives to Promote Housing Stability By Supporting Vulnerable Tenants and Preventing Foreclosures
CDC Director Extends the Eviction Moratorium for 30 days
FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums
Freddie Mac Bulletin 2021-23: Extension of the COVID-19 Foreclosure Moratorium
Extension of Fannie Mae Single-Family Foreclosure Moratorium
VA Circular 26-21-10 Relief for Borrowers Affected by COVID-19
FHA Mortgagee Letter 2021-15 Extension of the Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency, Further Expansion of the COVID-19 Forbearance and the COVID-19 Home Equity Conversion Mortgage (HECM) Extensions, and Establishment of the COVID-19 Advance Loan Modification (COVID-19 ALM)
USDA Extends Eviction and Foreclosure Moratorium, and Offers Guidance on Mortgage Forbearance Deadline
On June 28, 2021, the CFPB issued “Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act” (Final Rule). The Final Rule provides additional protections from foreclosures to the borrowers impacted by COVID-19 and it is effective August 31, 2021. Fannie Mae and Freddie Mac requested that servicers shall not make the first notice or proceeding with foreclosure that would be prohibited by the CFPB Final Rule for borrowers affected by the COVID-19 during the period between July 31 and August 31.
CFPB “Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act” (Reg X)
CFPB did not finalize the initially proposed pre-foreclosure requirements; instead, the final rule provides temporary and a more tailored procedural protection to minimize avoidable foreclosures. Final § 1024.41(f)(3) requires a servicer to ensure that one of three temporary procedural safeguards have been met before making the first notice or filing because of delinquency:
The CFPB proposes to refer to these protections as Temporary Special COVID-19 Loss Mitigation Procedural Safeguards. These safeguards are applicable only if
This temporary provision will expire on January 1, 2022, meaning that the procedural safeguards in § 1024.41(f)(3) would not be applicable if a servicers makes the of the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process on or after January 1, 2022.
The final rule is effective on August 31, 2021.