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New York Declines to Extend the Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (§.9114/A.11181)

The foreclosure and eviction moratoriums in New York State officially ended on January 15, 2022. This means that previously stayed foreclosure and eviction cases will continue and new cases may be commenced. While the courts can expect an influx of new cases, it may take some time for new actions to be filed given the required statutory notice requirements. This may provide the courts some breathing room as they restart existing cases.  With the moratoriums ending, one should expect to see an increase in defenses to foreclosure actions that implicate title issues and a corresponding increase in title claim litigation.

To assist borrowers facing foreclosure, a New York Homeowner Assistance Fund has been established for those that are more than 30 days in arrears on their mortgage, property taxes, condominium fees or cooperative fees. The program is by application only and those who receive benefits are provided with a five-year forgivable grant of up to $50,000.00.