What Happens if The Federal Ban on Evictions is Overturned?

In September of 2020 the Centers for Disease Control and Prevention ordered a nation-wide ban on evictions, but earlier this month a federal judge ruled that the CDC had exceeded its authority by imposing that federal eviction moratorium. You can read all about it in this Banker & Tradesman article. On May 14th, this ruling was stayed pending an appeal and the judge allowed the moratorium to continue. As we wait for a final verdict, it’s important to be aware of a few key points which could result in a flood of foreclosures in the near future.

If the federal ban on evictions is overturned, this won’t affect state and local eviction moratoriums. Some states still have eviction moratoriums in place, so even if a person finds that they are not covered by the CDC’s Agency Order (which you can read about on Nolo.com, which also has a chart of states that may still have eviction bans in place) they may still be under the protection of a state-level ban.

Properties backed by enterprise loans such as FHA loans or those procured through Fannie Mae or Freddie Mac still can not evict. Because of their ability to enter forbearance, multi-family property owners may not evict a tenant for non-payment due to COVID-19 until June 30. You can read about this moratorium on FHFA.gov.

There’s still a lot of debate. While landlords argue that the CDC doesn’t have the authority and the ban has caused undue financial stress, others argue that evictions contribute to the spread of COVID-19 and prevent families from accessing much-needed healthcare. Some judges agree with the ruling and others do not. You can read up on a few of the arguments from either side in this article from The Washington Post.

This ruling does not affect foreclosure moratoriums. As we previously mentioned, there are other moratoriums protecting property owners in place, and those are set to expire on June 30 of this year, assuming there is not further extension.

Though foreclosure moratoriums will remain in place, some homeowners will be facing foreclosure because of the financial burdens of the pandemic. Real estate, mortgage, and legal professionals can prepare by talking to a Data Solutions Specialist about our foreclosure data solutions, including data on foreclosures with pre-foreclosures and foreclosure data. Click here to check out what this data can offer then reach out to a specialist to discuss a plan that works for you.