Hughes Watters Askanase, LLP

Texas state COVID-19 update provided by Hughes Watters Askanase, LLP

Bexar County Judge Nelson W. Wolff signed Executive Order NW-16 on October 15, 2020 which addressed various growing COVID concerns. As part of the Executive Order, Paragraph XIV cancelled November foreclosure sales for the county. The Order states that foreclosure sales can resume once public health officials determine that large gatherings will not result in a threat to the health and safety of those in attendance. This order is set to expire 14 days following the termination of the state-wide public health emergency as declared by Texas Governor Greg Abbott.
 
 

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Hughes Watters Askanase, LLP

Texas state COVID-19 update provided by Hughes Watters Askanase, LLP

On September 21, 2020, Bexar County Judge Wolff issued an Order (section XIV on page 7) cancelling October sales for Bexar County.
 
 

Post by – Hughes Watters Askanase, LLP – https://www.hwa.com/

Hughes Watters Askanase, LLP

Texas state COVID-19 update provided by Hughes Watters Askanase, LLP

Governor Greg Abbott issued an announcement on September 17th opening up Texas from 50% to 75% and even allowing visitation to nursing homes to begin September 24th. While this announcement did not address foreclosures in Texas specifically, we predict foreclosures to proceed. As a reminder, most counties in Texas are conducting sales in October except for Travis County which has cancelled sales through November 12th.  Bexar County and Harris County have not yet determined whether their October sales will be cancelled or not.
 

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Hughes Watters Askanase, LLP

Texas state COVID-19 update provided by Hughes Watters Askanase, LLP

Harris County’s Judge Lina Hidalgo has cancelled Harris County’s September foreclosure sales by Order signed on August 26, 2020.
 
 

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Hughes Watters Askanase, LLP

Texas state COVID-19 update provided by Hughes Watters Askanase, LLP

Evictions in Texas resume under normal procedures. The 20th Emergency Order issued by the Supreme Court of Texas that extended the eviction moratorium through to August 24th has expired and was not renewed. Therefore, evictions with the 3 day notice to vacate may proceed.
 

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Hughes Watters Askanase, LLP

Texas state COVID-19 update provided by Hughes Watters Askanase, LLP

Please be advised that Governor Greg Abbott issued the attached 20th emergency order that has extended the Texas eviction moratorium to now expire August 24, 2020. Also, Harris County has officially cancelled August 4th sales through the attached Order issued July 30, 2020 by Judge Lina Hidalgo. 
 

For more information click the links below:

https://hellosolutions.com/wp-content/uploads/2020/08/20th-EMERGENCY-ORDER.pdf

https://hellosolutions.com/wp-content/uploads/2020/08/Harris-County-Judges-Order-Aug-4-Auction.pdf

We encourage you to reach out to HWA if you have questions about the impact of COVID 19  in Texas  or other Texas issues.

Post by – Hughes Watters Askanase, LLP – https://www.hwa.com/

Hughes Watters Askanase, LLP

Texas state COVID-19 update provided by Hughes Watters Askanase, LLP

Posted: 07/24/20

Whether foreclosure sales may occur is determined by the local governments of  each of the 254 Texas Counties

At the outset of COVID 19, the decision to issue shelter in place orders was left to local governments.  This resulted in a myriad of directives that varied widely in scope and duration.    As a result of the increasing number of   COVID 19  cases, on June 2, 2020, Texas Governor Abbott issued  Executive Order 29 and a Proclamation Amending Executive Order 28 (collectively” Orders” ) The Orders, among other things, prohibit  on a statewide basis  public gatherings of more than 10 people (with  limited exceptions.). Notably, foreclosure sales  are  not specifically addressed in the Orders.   It thus appears that  the decision to allow non-judicial  foreclosure sales to proceed, as well as the conditions under which the sales must occur,  continues to be that of local government  (city mayor or county judge).   

Many of the larger counties are not permitting foreclosure sales whereas some of the smaller counties have  permitted and continue to permit foreclosure sales to occur  However, the type of property (rural vs urban), occupancy status  (vacant vs occupied)  and population size  are  not always the  or a determining factor.  Thus far, the decision to cancel sales has been made on the eve of the scheduled sale date.   On July 2, 2020, the  July  7 and August 2020 Harris County (Houston)  foreclosure sales were cancelled by  Order of the   County Commissioner.  On July 14, 2020 , the  City of Austin  issued an order requiring social distancing in groups of 10 or more through November 12, 2020 , effectively preventing foreclosure sales  until December 2020.

Unfortunately, there is currently no central source that provides  the “real time” status of  foreclosure sales by county; rather direct inquiry to each of the 254 counties is required.

We encourage you to reach out to HWA if you have questions about the impact of COVID 19  in Texas  or other Texas issues.

Post by – Hughes Watters Askanase, LLP – https://www.hwa.com/