On May 7, 2020, Governor Cuomo issued Executive Order #202.28, which provides in pertinent part as follows:

There shall be no initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant for nonpayment of rent or a foreclosure of any residential or commercial mortgage for nonpayment of such mortgage, owned or rented by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic for a period of sixty days beginning on June 20, 2020.

This order seemingly prohibits both (i) the filing of new foreclosure actions, and (ii) motions in pending cases. The exceptions are the very small group of borrower(s) who are either not eligible for unemployment insurance or other benefits under state/federal law, or do not face financial hardship due to COVID 19. Moreover, the term “enforcement” utilized in this Executive Order, as well as the Governor’s previous order (#202.8), lacks clear definition. Whether the intention was to stay only foreclosure sales or the entire foreclosure process is left for interpretation and although Judge Marks, in his Memorandum dated April 30, 2020 and Administrative Order dated May 1, 2020, allows for the filing of motions and applications in pending cases, with no exception for foreclosure, it has yet to be reconciled with the Governor’s Executive Order prohibiting “enforcement” of foreclosures.

We will be seeking clarification from the Governor’s office as well as Chief Judge DiFiore in the hope of resolving some of these questions. We hope to receive direction over the course of the next few weeks and will keep you apprised of any new developments as they arise.

Should you need assistance, please do not hesitate to reach out to us.

For more information contact:

Attorney: Natalie A. Grigg, Esq.

Phone: 585-445-2610

Email: ngrigg@woodsdefaultservices.com