Evictions delay if borrower is affected by COVID-19
California is trying to limit all gatherings of more than 50 persons. We’re getting notices from many of the courts that they’re scaling down, requiring all hearings to be by telephone, etc. As of right now very few, and limited closings of courts. So far sales are continuing. Of course schools are closing for the foreseeable future, which affects employees’ ability to come to work. I’ll keep you posted.
All sales stopped for 30 days – executive order
All Delaware mediations are pushed out to after May 18, 2020.
The Illinois Supreme Court has suggested that all courts seek to limit in-person court proceedings by rescheduling court events to a later date, especially jury trials and large docket calls, or, alternatively, by holding proceedings via telephone or video remote appearance where possible. In response, many Illinois counties have reduced or postponed for a 30-day period most pending mortgage foreclosure matters. The most current information on court closures, which continues to change as new information is released and individual courts reassess their responses, can be found here: http://illinoiscourts.gov/Administrative/covid-19.asp. Cook County On March 16, 2020, the Circuit Court of Cook County issued a General Administrative order providing that “all Mortgage Foreclosures, Evictions, Orders for Possession and Judicial Sales including those previously ordered and scheduled, are stayed for thirty (30) days.” All pending hearings will be continued by the assigned judge or clerk of court to a date at least 30 days beyond the presently scheduled date. The clerk’s office has indicated that new dates for all pending hearings should be issued in the next few days. What is currently being delayed? What is not currently being delayed? • Mediations/Case Management Conferences • Motions for Judgment (i.e., judgments of foreclosure and sale) • Motions for Entry of an Order Approving Sale (“OAS”) • Scheduling and/or Court appearances on any non-emergency motion • Sales conducted by the Sheriff of Cook County• Filing new cases (“First Legal”) • Completing service of process • Placing publication notices • Filing motions and scheduling same for hearing on or after April 16, 2020 (subject to calendar availability) • We assume that the court will still entertain and enter agreed orders. (Whether they extend that to apply to Motions for Entry of a Consent Foreclosure remains to be seen.)
Diaz Anselmo Lindberg
First Defense litigation tactic we see, and its from Illinois. These attorneys are peppering us with “Request for Admissions” that provides admissions which eliminate the underlying foreclosure claim. In Illinois a response to Request for Admission must be verified by the client – and if a response is not filed the statements are deemed admitted. This group obviously realizes that servicers and firms must furlough and they are hoping for some “gotcha” victories.