by James Clarke, Esq.
Orlans PC
USFN Member (DC, DE, MA, MD, MI, NH, RI, VA)
On May 5, in response to the COVID-19 crisis, Washington, District of Columbia passed emergency legislation relative to foreclosures of mortgages and condominium liens. Bill 23-0743 is titled “Foreclosure Moratorium Emergency Amendment Act of 2020, approved by the mayor on May 27, 2020 as Act 23-0318. The law is effective upon approval by the mayor but expires 90 days after enactment or August 25, 2020.
The legislation amends the D.C. Official Code §42-815 and creates a moratorium on initiating or conducting a judicial foreclosure or foreclosure under power of sale (nonjudicial) of a “residential mortgage” while a public health emergency is in effect or for sixty days thereafter. While the current state of emergency has been extended to July 24, the legislation ceases to have effect after August 25.
The legislation also prohibits initiating or conducting the foreclosure of a condominium lien on a residential unit while a public health emergency is in effect or for 60 days thereafter. The moratorium excludes vacant and tenant occupied condominiums.
Click here for copies of the legislation: https://lims.dccouncil.us/downloads/LIMS/44604/Signed_Act/B23-0743-Signed_Act.pdf
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