Bendett & McHugh, P.C.

Vermont state COVID-19 update provided by Bendett & McHugh, P.C.

Posted:07/21/21

Foreclosure:

There are no remaining COVID foreclosure restrictions for Vermont. For questions regarding Vermont updates, please contact Loraine L. Hite at lhite@bmpc-law.com or 860-470-2675.

Post by – Bendett & McHugh, P.C. 

Bendett & McHugh, P.C.

Vermont state COVID-19 update provided by Bendett & McHugh, P.C.

Posted:03/19/21

Foreclosure:

A foreclosure moratorium on all occupied properties is currently in place. There is currently a stay on all
foreclosures of occupied properties for 30 days after the current State of Emergency is terminated. The
State of Emergency was extended to 04/15/2021, thereby implementing a stay through 05/15/2021. The
filing of first legal (filing of the complaint) may still be completed during this stay regardless of the
occupancy status of the property. Thereafter, the matter will be placed on an automatic stay through the
end of the moratorium once the complaint is filed. For non- occupancy properties, we are typically able
to proceed to judgment and sale if we file an Affidavit of Non-Occupancy with the court, along with a
Motion to Lift Stay.
Eviction:
An eviction moratorium is currently in place. The stay on all evictions is for 30 days after the current State
of Emergency is terminated. The State of Emergency is currently set to expire on 04/15/2021, thereby
implementing a stay through 05/15/2021.
For questions regarding Vermont updates, please contact Loraine L. Hite at lhite@bmpc-law.com or 860-
470-2675.

Post by – Bendett & McHugh, P.C. 

Bendett & McHugh, P.C.

Vermont state COVID-19 update provided by Bendett & McHugh, P.C.

Posted:10/20/20

Vermont is currently under a State of Emergency in response to the COVID-19 pandemic. Vermont Governor Phil Scott has extended the State of Emergency to November 15, 2020

Foreclosure:

A foreclosure moratorium on all occupied properties is currently in place. There is currently a stay on all foreclosures of occupied properties for 30 days after the current State of Emergency is terminated. The State of Emergency was extended to 11/15/2020, thereby implementing a stay through 12/15/2020. The filing of first legal (filing of the complaint) may still be completed during this stay regardless of the occupancy status of the property. Thereafter, the matter will be placed on an automatic stay through the end of the moratorium once the complaint is filed. For non- occupancy properties, we are typically able to proceed to judgment and sale if we file an Affidavit of Non-Occupancy with the court, along with a Motion to Lift Stay.  

The Vermont Judiciary has implemented a new Certification Requirement, under the 13th Amendment to Administrative Order No. 49, for actions filed between March 27, 2020 and December 31, 2020, in response to the moratoriums implemented by the CARES Act. The Amendment requires the Plaintiff (or authorized representative) to certify that “the lender either state that the CARES Act does not apply because the subject mortgage does not secure a federally backed loan, or that if it does, the lender has advised the borrower of the opportunity to request forbearance and that the borrower has either not responded to or declined the offer.” Our office will be requesting confirmation, in writing, so that we, as an authorized representative, may execute the certification on behalf of the client.

Eviction:

An eviction moratorium is currently in place. The stay on all evictions is for 30 days after the current State of Emergency is terminated. The State of Emergency is currently set to expire on 11/15/2020, thereby implementing a stay through 12/15/2020.

For questions regarding Vermont updates, please contact Rachel Ljunggren at rljunggren@bmpc-law.com or 860-470-2666.

Post by – Bendett & McHugh, P.C. 

Schiller, Knapp, Lefkowitz & Hertzel, LLP​

Vermont state COVID-19 update provided by Schiller, Knapp, Lefkowitz & Hertzel, LLP

Posted: 08/25/20

On August 15th, the Governor extended Executive Order No. 01-20 30 to September 15, 2020. Owner occupied foreclosures are stayed until September 15, 2020.

For more information click here:  https://secureservercdn.net/198.71.233.159/mg2.aa8.myftpupload.com/wp-content/uploads/2020/08/ADDENDUM-3-TO-AMENDED-AND-RESTATED-EXECUTIVE-ORDER-01-20.pdf

Post by – Schiller, Knapp, Lefkowitz & Hertzel, LLP – http://www.schillerknapp.com

Schiller, Knapp, Lefkowitz & Hertzel, LLP​

Vermont state COVID-19 update provided by Schiller, Knapp, Lefkowitz & Hertzel, LLP

Posted: 08/12/20

 Pursuant to Administrative Order 49, plaintiffs in all foreclosure actions filed between March 27, 2020 and December 31, 2020 must file the attached certification at the first legal stage.

For more information click here:  https://secureservercdn.net/198.71.233.159/mg2.aa8.myftpupload.com/wp-content/uploads/2020/08/Vermont-foreclosure-Appendix-B-1.pdf

Post by – Schiller, Knapp, Lefkowitz & Hertzel, LLP – http://www.schillerknapp.com

Schiller, Knapp, Lefkowitz & Hertzel, LLP​

Vermont state COVID-19 update provided by Schiller, Knapp, Lefkowitz & Hertzel, LLP

Posted: 07/16/20

On July 15th, the Governor extended Executive Order No. 01-20 30 to August 152020. Owner occupied foreclosures are stayed until September 15, 2020

Post by – Schiller, Knapp, Lefkowitz & Hertzel, LLP – http://www.schillerknapp.com

Schiller, Knapp, Lefkowitz & Hertzel, LLP​

Vermont state COVID-19 update provided by Schiller, Knapp, Lefkowitz & Hertzel, LLP

Posted: 06/16/20

FNMA, FHLMC, HUD, VA & USDA have a foreclosure and eviction moratorium in place until  June 30, 2020. The Governor of the State of Vermont signed Amended and Restarted Executive Order No. 01-20 on June 15, 2020 and shall continue through midnight on Wednesday, July 15, 2020. S333 extends the foreclosure stay until 30 days after the SOE ends so owner occupied foreclosures are stayed until August 15.

The Governor of the State of Vermont signed Bill S333 into law on May 14, 2020.  The breakdown of the bill is below:

    • Emergency Period: March 13, 2020 through 30 days after the governor terminates the state of emergency.  Applies to;
      • Residential Dwelling Units – Evictions
      • Dwelling House – Foreclosure
      • Excludes vacant properties where all the following are true:
        1. Factors infer vacancy – utilities disconnected, mail not delivered, empty of necessary household furnishings
        2. Mortgage in default
        3. Attempts to ascertain mortgagor’s residence and reasonable belief no longer mortgagor’s residence
      • Existing Foreclosures and Evictions are stayed, as well as Writs of possession
    • New Foreclosures and Evictions;
      • Allows filing of action
      • Action is immediately stayed, no service until after termination of emergency
    • Emergency applications where relief is necessary due to criminal activity, illegal drug activity, or other circumstances that threaten health, safety, or welfare

Post by – Schiller, Knapp, Lefkowitz & Hertzel, LLP – http://www.schillerknapp.com

Schiller, Knapp, Lefkowitz & Hertzel, LLP​

Vermont state COVID-19 update provided by Schiller, Knapp, Lefkowitz & Hertzel, LLP

Posted: 06/02/20

FNMA, FHLMC, HUD, VA & USDA have a foreclosure and eviction moratorium in place until June 30, 2020. The Governor of the State of Vermont signed Bill S333 into law on May 14, 2020.  The breakdown of the bill is below:

    • Emergency Period: March 13, 2020 through 30 days after the governor terminates the state of emergency.  Applies to;
      • Residential Dwelling Units – Evictions
      • Dwelling House – Foreclosure
      • Excludes vacant properties where all the following are true:
        1. Factors infer vacancy – utilities disconnected, mail not delivered, empty of necessary household furnishings
        2. Mortgage in default
        3. Attempts to ascertain mortgagor’s residence and reasonable belief no longer mortgagor’s residence
      • Existing Foreclosures and Evictions are stayed, as well as Writs of possession
    • New Foreclosures and Evictions;
      • Allows filing of action
      • Action is immediately stayed, no service until after termination of emergency
    • Emergency applications where relief is necessary due to criminal activity, illegal drug activity, or other circumstances that threaten health, safety, or welfare

Post by – Schiller, Knapp, Lefkowitz & Hertzel, LLP – http://www.schillerknapp.com