UPDATE #3 (May 29, 2020): For more recent updates, refer to this blog post.
UPDATE #2 (April 14, 2020): The Chief Justice of the North Carolina Supreme Court entered two orders in April of 2020.
- The April 2nd order directs that all proceedings, including proceedings before clerks of superior court, must be scheduled or rescheduled for a date no sooner than June 1 unless an exception to this directive applies. One exception includes if the proceeding will be conducted remotely; a remote proceeding may not be without the consent of each party. See April 2nd Order, Emergency Directive 1 and 3. This order extends the dates in the March 16 order discussed in the post below from April 15 to June 1.
- The April 13th order extends the date to file documents and to take certain acts to the close of business on June 1. This extends the dates in the March 19 order discussed in the post below from April 17 to June 1.
UPDATE #1 (March 30, 2020): On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Section 4022(c)(2) of the CARES Act provides that “a servicer of a Federally back mortgage loan may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale for not less than the 60-day period beginning on March 18, 2020.” This moratorium does not apply to a vacant or abandoned property. A “Federally backed mortgage loan” is defined in Section 4022(a)(2) as “any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families that isContinue Reading