05/08/2020

Client Alert

Written by: Michael J. Shavel and Jill M. Fein

On May 6, 2020, Governor Tom Wolf issued an executive order stating that no new residential mortgage foreclosure cases can be filed until July 10, 2020. (This Order does not affect foreclosure actions which have already been filed). Governor Wolf’s Order is based in part on the requirements of Act 6 and Act 91 which mandate that notice be provided to homeowners and homeowners in default of their mortgage obligations be given an opportunity to have a face to face meeting with a credit counseling agency to attempt to resolve the default. Due to the stay at home order and social distancing requirements, these face to face meetings are not possible.

Specifically, Governor Wolf’s Order stays the notice requirements of Act 6 and Act 91 for 60 days. All foreclosures requiring compliance with Act 6 and Act 91 may not be filed until July 10, 2020. It is important to note that this prohibition on the filing of foreclosure complaints applies solely to residential mortgages subject to the requirements of Act 6 and Act 91. Commercial actions not governed by Act 6 and 91 are currently permitted to proceed in the normal course of business. 

Hill Wallack attorneys are tracking the changes to the foreclosure landscape as they occur and are working to keep you up to date with the latest information. To learn more and discuss your options, contact one of Hill Wallack's experienced foreclosure attorneys, Michael J. Shavel, Esq. at 267-759-2071or Eric P. Kelner, Esq. at 609-734-4451.

©2020 Hill Wallack LLP. All rights reserved. Please contact Hill Wallack for permission to reprint. Notice: The purpose of this Client Alert is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, accuracy and completeness of which cannot be assured. This Client Alert should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.