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COVID-19

COVID-192020-06-05T11:01:41+00:00

LINKS TO RESOURCES/ABOUT COVID-19 (CORONAVIRUS) AND ANSWERS TO YOUR LEGAL ISSUES

LANDLORD-TENANT MATTERS

Governor Whitmer’s Executive Order 2020-85 extended moratorium on evictions for nonpayment of rent through June 11, 2020 11:59 pm “except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property.”

Executive Order 2020-85:

https://content.govdelivery.com/attachments/MIEOG/2020/05/14/file_attachments/1451861/EO%202020-85%20Emerg%20order%20-%20evictions%20-%20re-issue.pdf

CARES Act – moratorium on some nonpayment of rent evictions against tenants with housing choice vouchers (Sec. 8), subsidies and other housing funded through the federal government and also where the landlord has a federally related/federally insured mortgage on the rental property.

Moratorium is until July 25, 2020, then a 30 day notice required.

www.36thdistrictcourt.org

  • May 1, 2020 – Masks must be worn
  • May 7, 2020 – Limited Operations Extended to May 28, 2020
  • May 15, 2020 – Moratorium on Evictions Extended to June 11, 2020
  • Zoom Hearings filing by fax or mail
  • Virtual Courtroom instructions
  • Filing instructions

FAMILY LAW MATTERS – Custody and Parenting Time during the COVID-19 Outbreak are now online here: https://courts.michigan.gov/Administration/SCAO/Resources/Documents/COVID-19/CustodyPT-FAQ.pdf

PERSONAL PROTECTION ORDERS: Gov. Whitmer issued and Executive Order Temporarily suspending the expiration of personal protection orders: https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-527092–,00.html

VARIOUS LEGAL PROBLEMS – COVID-19 www.michiganlegalhelp.org

  • “How will the COVID-19 (coronavirus) Emergency Affect My Legal Problem?” Such as: UIA – family cases – courts – money and debt – crime, traffic, identity theft – evictions, foreclosures, housing issues, income tax, PPOs, public assistance and probate
  • “About the CARES Act” – stimulus checks, federal student loans, eviction and foreclosures, UIA, etc.

UTILITIES – https://www.michigan.gov/mpsc/0,9535,7-395-93253_99286-525246–,00.html

  • Assistance Available for residential customers
  • Contact information for your regulated Utility Company
  • Telecommunications or broadband providers pledge not to terminate services, to waive late fees, provide Wi-Fi for the next 60 days. List of service providers who agreed.

Utilities across the state have agreed to pause service disconnections for low-income and senior customers through June 1, 2020, while many businesses are closed and residents are under Gov. Gretchen Whitmer’s extended Stay Home, Stay Safe Order.
https://www.michigan.gov/mpsc/0,9535,7-395-93253_99286—,00.html

CITY OF DETROIT WATER – https://detroitmi.gov/sites/detroitmi.localhost/files/2020-04/DWSD%20Update%20-%20Coronavirus%20Water%20Restart%20Plan%20-%2004092020_0.pdf

The Water Restart Program. The COVID-19 Water Restart Plan is designed to mitigate any prospective health risks from the COVID-19 virus by helping ensure all Detroiters have access to water in their homes. The COVID-19 Water Restart Plan does not apply to customers with water currently on and were not at-risk of a service interruption for nonpayment (did not receive a door hanger) and shown as “Did Not Qualify” in chart below. Detroiters who need their water turned on can sign up for DWSD’s Water Restart Plan. Just call 313-386-9727 to begin the restart. During the COVID-19 outbreak, Detroiters who sign up for the Water Restart Plan are eligible to keep their water flowing for only $25 per month.

STATE OF MICHIGAN – www.Michigan.gov/Coronavirus Find Answers to questions about:

COVID-19 Symptoms and Testing; Employee or Employer issues; Executive Orders & Directives; Food & Agriculture; Outdoor Recreation; Schools & Universities; Secretary of State Services; Veterans; Childcare; Housing; and Insurance & Financial Services

IRS STIMULUS CHECKS – https://www.irs.gov/coronavirus/economic-impact-payments

Protection of CARES Act Payments to Individuals: The CARES Act provides for $1200 payments to many Americans with an additional $500 for each child. These amounts are generally protected from seizure by the United States for debts owed to the United States. See CARES Act § 2201(d). Links for filers and Non-filers.

CONSUMER LAW

“SURVIVING DEBTS” a FREE digital book. www.library.nclc.org Six rules regarding surviving debt (downloadable, 1-page printouts) – entitled:

  • Rule #1 – Prioritizing Debts Whose Non-Payment Immediately Harms Your Family
  • Rule #2 – Don’t Let Debt Collection, Credit Scores, Worries, Stress or other Factors Force You into Bad Decisions
  • Rule #3 – Stretch Your Dollars and Your Debts, but Also Think Long Term
  • Rule #4 – Avoid Scams and Other Rip-offs Preying on Those in Debt
  • Rule #5 – Know Whether and When to File Bankruptcy
  • Rule #6 – Get Help from a Counselor or Lawyer

MORTGAGE FORECLOSURES

Federal Foreclosure & Eviction Suspensions; Mortgage Loan Forbearance
CARES Act Relief from Foreclosure: CARES Act § 4022 provides foreclosure relief for “federally-backed loans,” which means loans (for 1–4 family properties) purchased, securitized, owned, insured, or guaranteed by Fannie Mae or Freddie Mac, or owned, insured, or guaranteed by FHA, VA, or USDA. See § 4022(a)(2). To determine if a mortgage loan is “federally-backed,” see “Determining If a Mortgage Loan is Federally Backed,” infra.

Searchable databases to find Multi-Family Housing subject to CARES ACT – Fannie Mae and Freddie Mac have easy loan look-up websites to determine if they own a mortgage. See https://ww3.freddiemac.com/loanlookup/ and https://www.knowyouroptions.com/loanlookup#.

How to Look Up Your Mortgage Loan – https://www.knowyouroptions.com/loanlookup#.

To determine if a loan is FHA-insured, look for an FHA case number on the mortgage document, specific language in the mortgage and note forms, or through the payment of an FHA premium on the mortgage statement. In some cases, unfortunately, loans may have been stripped of their FHA-insured status; call HUD’s National Servicing Center at 877-622-8525 if there are questions.

A VA-guaranteed loan also has specific language in the note and mortgage identifying it as a VA loan, and there are fees paid to the VA noted in closing documents. homeowners’ closing documents.

Links to Foreclosure Suspensions by Federally Backed Mortgage Investors in Effect Prior to the CARE Act:

MICHIGAN MORTGAGE FORECLOSURES

Michigan (non-judicial foreclosure): The Governor and Department of Insurance and Financial Services announced on April 23, 2020 the MiMortgage Partnership Program with a list of participating financial institutions that have agreed to a voluntary plan protecting homeowners: 60-day moratorium on foreclosures and a streamlined process to apply for a 90-day forbearance, and for those homeowners, no late fees or adverse credit reporting.

Michigan (nonjudicial foreclosure), Governor’s Executive Order 2020-19 (March 20, 2020, effective April 17, 2020): Bars execution of eviction process against tenants, vendees under executory contracts (installment land sale contracts) and manufactured home owners. Does not specifically reference post-mortgage foreclosure evictions.

Michigan (nonjudicial foreclosure), Governor’s Executive Order 2020-14 (March 18, 2020): Temporarily suspends tax sale redemption deadline from March 31, 2020 until the later of (a) May 29, 2020 or (b) 30 days after the termination of the state of emergency.

Consumer Law Information found at: https://library.nclc.org/major-consumer-protections-announced-response-covid-19

Unemployment Insurance Agency-Unemployment Benefits UIA) (https://www.michigan.gov/leo/0,5863,7-336-78421_97241—,00.html

UIA Resources:

Economic Impact Payment/Stimulus Payment https://www.irs.gov/coronavirus/get-my-payment

The payments, also referred to by some as stimulus payments, are automatic for most taxpayers. No further action is needed by taxpayers who filed tax returns in 2018 and 2019 and most seniors and retirees.

Earned Income Tax Credit (EITC)

Resources:

United Way 2-1-1: Food, Medical, other needs; www.unitedwaysem.org

Wayne Metro Community Action Agency: www.waynemetro.org/cares/ ; Wayne Metro CONNECT Center at (313) 388-9799.

Food and Income Support, Water and Energy Assistance, Rent and Mortgage Assistance, Property Tax Assistance, Emergency Plumbing Repair, Funeral Assistance