The Mortgage Law Firm

Hawaii state COVID-19 update provided by The Mortgage Law Firm

Outside of the Federal Moratorium and the CFPB Final Ruling, the only states that have any “restrictions” or requirements are Hawaii and Oregon.

Hawaii, order attached, extending CARES Act Declaration through 7/30/2021. Otherwise, I believe all circuits are open with regard to conducting sales.

Oregon, HB 2009, which imposes a moratorium on foreclosures in Oregon for loans secured by real property “upon which is situated four or fewer dwelling units, as defined in ORS 90.100, used primarily and designed solely for residential use.” The moratorium runs retroactively from December 31, 2020 to September 30th, 2021, and is extendable by the Governor through December 31, 2021.

2021.06.29-4th-Order-Extending-06-26-20-Order-Re-FC

Oregon-House-Bill-2009

 

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The Mortgage Law Firm

Hawaii state COVID-19 update provided by The Mortgage Law Firm

Under the CARES Act, unless the subject property is  vacant or abandoned, a servicer of a federally backed loan may  not initiate any judicial or non-judicial foreclosure process,  move for a foreclosure judgment, order a sale, or execute a foreclosure-related eviction or foreclosure sale.
If the loan is not a GSE loan, before proceeding with a new or pending foreclosure action or eviction action, a CARES Act declaration must be filed. 

With regard to sales:
Sales are proceeding on Maui (Second Circuit) and Kauai (Fifth Circuit).
Sales on Oahu (First Circuit) and on Hawaii a/k/a ”Big Island” (Third Circuit) are to be postponed until further notice.

Post by – The Mortgage Law Firm- https://mtglawfirm.com/

The Mortgage Law Firm

Hawaii state COVID-19 update provided by The Mortgage Law Firm

There is no specified foreclosure/eviction moratorium in the State of Hawaii beyond the CARES Act. Hawaii does require a CARES Act Declaration in order to ensure compliance of the federal CARES Act in all foreclosure and eviction actions. Details of this requirement can be found in the attached Hawaii Supreme Court Order.

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