Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 02/24/21

On December 22, 2020, the Governor of Tennessee signed Executive Order 73, requiring continued social distancing and masks being encouraged in public places until February 27, 2021. On 1/28/2021, Executive Order 75 ended some of the limitations previously imposed on spectator sports and athletic activities as of January 31, 2021. On February 12, 2021, the Tennessee Supreme court issued an order easing restrictions on certain in-person proceedings, starting March 1, 2021. Jury trials continue to be suspended until March 31, 2021, subject only to exceptions that may be granted by the Chief Justice on a case by case basis. The Supreme Court for Tennessee ended the statewide moratorium on evictions on June 1, 2020. There are currently no state imposed foreclosure or eviction moratoriums in the State of Tennessee. 

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 02/24/21

Nashville Creates Court to Handle Eviction Cases, Pay Landlords.
In an effort to prevent mass evictions, the Davidson County General Sessions Court has transferred nearly 2,000 pending eviction cases to a newly established housing court, the Nashville Post reports. The goal of the new court, to be overseen by Judge Rachel Bell in partnership with the Metropolitan Action Commission and Davidson County Circuit Court Clerk Richard Rooker, is to use nearly $21 million in federal rental assistance to pay landlords on behalf of tenants at risk of eviction. The Nashville Conflict Resolution Center is providing additional mediation work as part of the project. Supporters hope the effort will keep evictions off tenants’ records, a mark that can make it more difficult to find future housing. A federal eviction moratorium is in place through the end of March, but it does not prevent all evictions and the process for using the protection can be confusing, according to housing advocates. 

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 02/09/21

Tennessee Eviction Update.Nashville Creates Court to Handle Eviction Cases, Pay Landlords.
In an effort to prevent mass evictions, the Davidson County General Sessions Court has transferred nearly 2,000 pending eviction cases to a newly established housing court, the Nashville Post reports. The goal of the new court, to be overseen by Judge Rachel Bell in partnership with the Metropolitan Action Commission and Davidson County Circuit Court Clerk Richard Rooker, is to use nearly $21 million in federal rental assistance to pay landlords on behalf of tenants at risk of eviction. The Nashville Conflict Resolution Center is providing additional mediation work as part of the project. Supporters hope the effort will keep evictions off tenants’ records, a mark that can make it more difficult to find future housing. A federal eviction moratorium is in place through the end of March, but it does not prevent all evictions and the process for using the protection can be confusing, according to housing advocates. 

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 11/19/20

On October 30, 2020, the Governor of Tennessee extended the state of emergency In Tennessee via Executive Order 67.  Continued social distancing  with masks being encouraged in public places will be in effect until December 29, 2020.  The On November 17, 2020, the Tennessee Supreme court suspended all jury trials from November 23, 2020 through January 31, 2021, unless an exemption is granted by the Chief Justice.  Judicial districts were encouraged to revisit and strictly adhere to previously approved reopening plans, with face coverings for all persons who enter the courthouses for court related business still in full effect.  Video conferences are encouraged.  Judges have been ordered to schedule and conduct in person hearings in a  manner that minimizes wait times in courthouse hallways.  The Supreme Court for Tennessee ended the statewide moratorium on evictions on June 1, 2020.  There are currently no state imposed foreclosure or eviction moratoriums in the State of Tennessee. 

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 08/04/20

In Tennessee Executive Order No. 55 was signed on July 31, 2020, extended the previous restrictions imposed by earlier Executive Orders, allowed extensions of time for certain licensure requirements, loosened restrictions on Medicaid reimbursements and payments, and allowed education agencies and schools to permit sporting events and activities, provided that all such activities are conducted in a manner consistent  with COVID-19 related regulations. There is limited liability protection for health care providers and hospitals that is extended until August 30, 2020.  The authority for local governments to extend regulations concerning face coverings, which is extended until August 29, 2020.   Local schools and education agencies were encouraged to implement a policy requiring the use of face coverings.  The Tennessee Supreme Court issued an Order on July 13, 2020, mandating that facial coverings be worn while inside court buildings, with some limited exceptions.  As of  July 3, 2020, jury trials are allowed so long as those adhere to the safety guidelines. The Supreme Court of Tennessee ended the moratorium on actions by judges, court clerks, and other court officials to effectuate an eviction, ejectment, or other displacement from a residence as of June 1, 2020.

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 05/22/20

In Tennessee Executive Order No. 33 was signed on May 5, 2020, to allow reopening of close contact personal services pursuant to new safety guidelines, beginning May 6, 2020.   

Executive Order No. 34 extended prior Executive Order No. 16 to permit public meetings by electronic means until June 30, 2020.  

On May 7, 2020, Executive Order No. 35 amended prior Executive Order No. 30 to allow the reopening of small group, non-contact entertainment and recreations venues subject to new safety guidelines. 

Executive Order No. 36 was signed May 12, and relaxed and extended deadlines and licensure requirements, otherwise set by statute, is effective through June 30, 2020

Executive Order No. 37 also signed May 12, 2020, continues to temporarily allow remote notarization and witnessing of documents until June 30, 2020. Tennessee continues to advance the state’s reopening plan under the Tennessee Pledge, as the Economic Recovery Group issued updated guidelines on May 20, 2020,  for restaurants and retail, along with new guidelines that enable attractions and larger venues to reopen with social distancing and capacity restrictions on or after May 22

The Tennessee Supreme Court issued an Order on April 24, that extended the judicial state of emergency until May 31, limiting in-person hearings, and also allowing local judicial districts to develop a strategy to begin holding more in-person court proceedings in their districts. Jury trials are suspended through July 3, 2020.  While there is no specific provision within the Tennessee Executive Orders that specifically prohibit evictions or foreclosures, the Tennessee Supreme Court has ordered that no judge or court official shall take any action to effectuate an eviction, ejectment or other displacement from a residence through May 31, 2020, based upon a failure to make a rent, loan or other similar payment absent extraordinary circumstances. 

Nothing within the order from the Supreme Court affects the obligations, terms, or conditions for payments under existing contracts. 

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 05/14/20

In Tennessee Executive Order No. 30 was signed reducing the restrictions on some businesses but allowing restrictions to remain on others. This is set to expire May 29, 2020.  The Executive Order specifically allows six counties (Davidson, Hamilton, Knox, Madison, Shelby and Sullivan) to issue additional orders or measures related to COVID-19 which may permit to a greater degree, or restrict to a greater degree the opening, closure or operation of businesses, organizations, or venues in those counties.  There is no specific provision within the Tennessee Executive Orders that specifically prohibit evictions or foreclosures.

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 04/23/20

In Tennessee the stay-at-home order ends on April 30, and that some businesses around the state will be allowed to begin reopening.  Despite the lifting of the stay at home order, some major areas are extending their local stay at home orders until May 15. There is no specific provision within the Tennessee Executive Orders that specifically prohibit evictions or foreclosures.

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 04/23/20

In Tennessee, Gov. Bill Lee said his stay-at-home order will not be extended past April 30, and that some businesses around the state will begin reopening next week, although he has not specified which type of businesses are in the clear yet. There is no specific provision within the Tennessee Executive Orders that specifically prohibit evictions or foreclosures.

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 03/30/20

Governor Bill Lee of Tennessee signed Executive Order 22, which is a Stay at Home Order in effect until April 14, 2020. There is no specific provision within the Tennessee Executive Order that specifically prohibits evictions or foreclosures.

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/

Kent McPhail and Associates, LLC

Tennessee state COVID-19 update provided by Kent McPhail and Associates, LLC

Posted: 03/25/20

Tennessee courts and clerks’ offices remain open and operational at this time. However, all in-court hearings (with very limited exceptions) have been cancelled beginning on March 13, 2020 through at least April 30, 2020. All filing deadlines that are set to expire between March 13, 2020 and May 5, 2020 are extended to May 6, 2020. All bankruptcy hearings are continuing as previously scheduled, but are being held telephonically in all three districts.

Tennessee has state-specific moratoriums in place with regard to default servicing such as foreclosures and eviction cases, and is limiting courts’ and clerks’ furtherance of collection actions. Per Supreme Court Order No. ADM2020-00428 (March 25, 2020), “No judge, clerk, or other court official shall take any action to effectuate an eviction, ejectment, or other displacement from a residence between March 13, 2020 and April 30, 2020…Judges also are encouraged to work with court clerks and local law enforcement to develop policies severely limiting or eliminating any new garnishments during this time.” Tennessee law firms must also adhere to the foreclosure and eviction moratoriums that have been set by the federal government.

Post by – Kent McPhail and Associates, LLC –   https://www.kmcphail.law/