On March 19, 2020, Indiana Governor Eric Holcomb issued an Executive Order placing a moratorium on evictions for landlords, and foreclosures in homeowner and condominium associations, due to the coronavirus pandemic. The moratorium had been extended throughout the pandemic; however, Executive Order 20-39 states that the moratorium expired on August 14, 2020 and Associations may now move forward with foreclosure actions.
Foreclosure & Evictions
Now that the stay has been lifted, homeowner and condominium associations, as well as landlords, can once again issue foreclosure notices and pursue collection actions, and landlords may proceed with filing evictions.
It is important to note that the Executive Order at no time waived a tenant’s obligation to pay rent.
Further, rent continued to accrue as the lease dictates. Some tenants may have misinterpreted the Governor’s Order and believed rent was waived which has resulted in large unpaid balances on renter’s accounts.
Federal
As part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, a federal moratorium was issued on properties covered by Federal Housing Authority (FHA) backed mortgages through July 25, 2020.
It is also important for Indiana landlords to keep in mind that the federal “Foreclosure and Eviction Moratorium in Connection with the Presidentially-Declared COVID-19 National Emergency” also provides an additional stay for evictions. Specifically, the federal provision prohibits landlords who own rental properties with federally backed loans from proceeding with foreclosures and evictions through August 31, 2020.
Our law firm will continue to monitor the ongoing changes with the foreclosure and eviction process and their impact on Indiana condominium and homeowner associations, as well as landlords and rental property managers.
If you would like to speak to one of our attorneys for additional explanations of the Executive Order, the CARES Act, and/or the Indiana evictions process, KSN can be reached by calling 855-537-0500 or by visiting ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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