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DannLaw COVID-19 Update 15

Marc Dann

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DannLaw founder Marc DannAs America struggles to shake the curse of COVID-19, millions of homeowners impacted by the pandemic continue to face numerous challenges, including determining what to do when mortgage forbearance ends. In this update, we’ll outline the available options and offer sound advice on how–and how not–to proceed.

Before we discuss the options available to homeowners already in forbearance, we want to share some breaking news as well as a reminder. The US Department of Housing and Urban Development just announced that it has indefinitely extended the deadline for borrowers with FHA loans to enter forbearance. The window for new applications was to close on Thursday, September 30, 2021.
The FHA’s decision brings the agency in line with Fannie Mae and Freddie Mac which have not set deadlines for initial applications. If you are not in forbearance but are struggling to make your house payment due to the pandemic and have an FHA or Fannie or Freddie-backed mortgage we urge you to take advantage of the opportunity to apply. If you have doubts or questions about what to do  please reach out Attorney Whitney Horton [email protected].
We also want to remind borrowers currently in forbearance that a number of extensions are available, but remember, extensions are not granted automatically. You must apply. For more information visit the CFPB forbearance information center.
That’s what’s new regarding initial forbearance and applications. Now we’ll take a look at the numerous and complicated options available to the nearly 2,000,000 homeowners who are preparing to resume making their mortgage payments.
As we’ve noted on numerous occasions, forbearance is not forgiveness. At some point, and that point is rapidly approaching for borrowers who paused payments early in the pandemic, homeowners will be responsible for missed payments, taxes, and other fees. That means now is the time to plan and execute an exit strategy based on the options that are available to borrowers whose loans are backed by the government which include repayment plans, deferral or partial claims, loan modifications, and lump sum reinstatements.
An explanation of each option may be found in our August 2021 update and the terms differ depending on whether the mortgage is insured by the Federal Housing Administration (FHA), The Veterans Administration (VA) the U.S. Department of Agriculture (USDA) or is owned by Fannie Mae, Freddie Mac, or Ginnie Mae.
While we are glad that so many options are available, each is extremely complicated. Making the wrong choice can lead to devastating consequences, up to and including foreclosure. For that reason, we strongly suggest that you seek legal advice as you consider your options.
Homeowners whose mortgages are held by private lenders are especially at risk at the end of forbearance. If you are in forbearance, please stay in regular contact with your servicer because they have the ability to change the terms of your plan at any time. They can also require you to make a lump sum payment when forbearance ends. In addition, it is highly likely that any repayment options they offer will be designed to maximize their profit at your expense.
Whether you have a government-backed or private mortgage (or just don’t know) , the experienced DannLaw/Advocate Attorneys legal team is here to help. We invite you to contact us to arrange a free consultation so we can assess your situation and help ensure that your home and your finances don’t become victims of the pandemic.
Unfortunately, as often happens in crisis situations, the nation is being overrun by con men engaged in loan modification scams. If a company or individual makes promises that seem too good to be true, they probably are. Don’t put your financial security and your home at risk. Please seek help from reputable law firms–and remember, we regularly sue and recover damages from charlatans who bilk consumers. If you believe you are the victim of consumer fraud contact us right away.
Important notice about foreclosures.
The federal government’s foreclosure moratorium ended on July 31, 2021. Under new rules issued by the Consumer Financial Protection Bureau, foreclosure actions may proceed if the borrower:
  • Has abandoned the property.
  • Was more than 120 days behind on their mortgage before March 1, 2020.
  • Is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days
  • Has been evaluated for all options other than foreclosure and it is determined that foreclosure is unavoidable.
While foreclosure proceedings may begin, foreclosure is not necessarily a done deal. DannLaw’s experienced foreclosure defense attorneys have helped hundreds of families save their homes and their financial futures. We know how to use the law to protect borrowers and to hold lenders who violate the rules accountable.
If you were in foreclosure when the moratorium went into effect last year or believe your servicer or lender is about to begin proceedings to take your home, do not delay, contact DannLaw today to arrange a no-cost, no-obligation foreclosure defense consultation.
If you even suspect that a foreclosure will be initiated or reinstated Do not delay, contact us TODAY!  Click here to schedule an in-person, video conference, or telephone appointment or call us at 877-475-8100
Thanks for taking the time to read this important update. Be well, stay safe, and as always feel free to contact us should you have questions or need our help.
Sincerely,
Marc Dann
DannLaw
dannlaw.brmcstaging.com
877-475-8100

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DannLaw founder Marc DannThe DannLaw/Advocate Attorneys LLP legal team leading the battle to force Governor Mike DeWine to restore federally funded supplemental unemployment benefits he is callously denying hundreds of thousands of Ohioans devastated by the COVID-19 pandemic that is now raging through the state, have once again asked him to reconsider his ill-advised decision. In a letter to Attorney General David Yost, Marc Dann calls attention to an email that signals the U.S. Department of Labor’s willingness to restore FPUC benefits to states including Ohio that rescinded them earlier

In the letter, Dann states the DOL’s position provides an opportunity for the governor to both abide by the Ohio law that requires the state to accept all available federal unemployment compensation benefits and eliminate the possibility that the state could be on the hook for as much as $900 million if it continues to turn down the federal dollars:

“This would mean the Governor could follow the law as enumerated in the 10th District Opinion and the state would be completely indemnified by the Federal Government for the payment of the benefit in question in the pending litigation. Should the Federal Government’s position change in the future and should we be successful in our efforts on behalf of our clients the State of Ohio would be at risk for potentially up to $900 Million.”

“We believe we will eventually win–indeed we have already won in the 10th District Court of Appeals and Franklin County Common Pleas Court–and that Ohioans who desperately need the supplemental benefits to pay for housing, food, clothing, utilities, and other necessities of life, will be paid,” Dann said. “The critical question for the state is ‘who pays?’ the federal government which has already set aside the money and is willing to send it to us, or the state which will have to find nearly a billion dollars to meet this obligation. The feds have made it clear that all the governor has to do to access the money is ask. He should ask today.”

In the email referenced in the letter to AG Yost, Jim Garner, Administrator of the Employment and Traning Administration’s Office of Unemployment Insurance notifies all states that suspended  FPUC payments that the DOL is both prepared to fund benefits on a retroactive basis and assume all administrative costs:

The Department will consider a request to rescind that is submitted in writing and signed by the Governor or their appointed designee. Should the Department agree to having a termination notice be rescinded, the state will need to continue to accept applications and issue payments as if there had been no effective termination. Further, following an accepted rescission, all weeks of unemployment after the earlier termination will be covered under the state’s previously signed implementing agreement and all administrative and benefit costs will be federally funded.

“The Governor is never going to get a better deal for the people of this state,” Dann said. “He needs to say ‘yes’ to the $900 million in federal dollars that will both provide relief to families ravaged by COVID and strengthen Ohio’s economy. The clock is ticking and the meter is running. He needs to call the DOL and ask for the check.”

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The legal team of DannLaw and Advocate Attorneys LLP scored an important victory today when the Tenth District Court of Appeals ruled that Franklin County Common Pleas Court Judge Michael Holbrook erred when he denied the firms’ request for an order that would force the state to restore federally funded supplemental unemployment insurance benefits cut off by Governor DeWine in May. The decision may be viewed/downloaded here: Appeals decision

In a 2-1 decision Judges Michael Mentel and Terri Jamison denied the state’s motion to dismiss the case and sent it back to Judge Holbrook for further proceedings. According to former Ohio Attorney General and DannLaw founder Marc Dann, an evidentiary hearing has been set for Friday at 9:00 A.M. in Courtroom 5B located in the Franklin County Government Center, 345 South High Street, Columbus, OH.

“We are obviously pleased by the ruling and excited to have the opportunity to continue fighting to restore these much-needed benefits,” Andrew Engel of Advocate Attorneys LLP said. “Throughout this state thousands of people have been crushed by the pandemic and the situation is growing worse as the Delta variant spreads across Ohio. The impact of the Governor’s callous, politically motivated decision to rescind the benefits has been devastating and it should be reversed as quickly as possible.”

“While we are more than ready to continue to argue the case in court, we urge the Governor to contact the Biden Administration and ask for the benefits to be restored retroactively,” Dann said. “Not only would that be the right thing to do from a legal, moral, and ethical standpoint, it makes sense economically because it would immediately pump tens of millions of dollars into the coffers of Ohio businesses and the pockets of their employees. That means restoring the supplemental payments would help the unemployed who desperately need them and the state as a whole.”

DannLaw’s Brian Flick noted that after the state of Indiana lost a similar lawsuit, officials asked for and received retroactive benefits. “If Governor DeWine makes the request, I’m confident the Biden Administration will say ‘yes’ and the federal dollars will begin flowing. The Governor should end the legal wrangling and make the request today.”

For more information please contact Marc Dann at 330-651-3131 or email [email protected]

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Lawyers from DannLaw and Advocate Attorneys LLP will continue the legal battle to force Governor Mike DeWine to accept federally funded supplemental unemployment insurance benefits today in the Tenth District Court of Appeals.  The hearing in the case, Bowling et al v. DeWine et al will begin at 1:00 PM and may be viewed here: (3) Ohio Tenth District Court of Appeals – YouTube.

The DannLaw/Advocate Attorneys legal team filed the lawsuit in Franklin County Common Pleas Court shortly after the governor and Matt Damschroeder, Director of the Ohio Department of Jobs and Family Services, announced that the state would terminate Ohio’s participation in the Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA), and Pandemic Emergency Unemployment Compensation (PEUC) programs on June 26, 2021. The plaintiffs argue that Ohio Revised Code Section ORC 4141.43(I) requires the state to accept the benefits and that DeWine and Damschroeder lacked the legal authority to cut them off.

On July 29 Franklin County Common Pleas Court Judge Michael Holbrook denied the plaintiff’s request for a writ of mandamus that would force the state to restore the $300 a week supplemental benefits through September 6, the sunset date set by the Biden Administration. The plaintiffs are asking the Tenth District Court to reverse the trial court’s decision and order the state to immediately restore the federally funded benefits. The brief may be viewed here: Bowling Candy 2021 07 30 Appellate Brief

Former Ohio Attorney General and DannLaw founder Marc Dann was set to argue the case, but he is now in quarantine after testing positive for COVID-19 despite having been vaccinated earlier this year. “My situation illustrates the fact that COVID-19 remains a serious threat to the health and financial well-being of Ohioans,” Dann said. “While I am fortunate enough to be able to work from home, many Ohioans, including our clients in this case, simply cannot. That is why we are fighting to force the governor to rescind his callous and politically motivated decision to terminate benefits people need to survive during the ongoing crisis.”

Andrew Engel, who will present the plaintiff’s case, noted that although the policy considerations and practical impact of DeWine’s decision are important, the Bowling case raises two purely legal issues: May the State refuse to participate in the FPUC for its entire term and did the Governor possess the authority, by himself, to terminate Ohio’s participation in the FPUC program? “If the answer to either of these questions is ‘no,’ then we believe the Court must reverse the trial court and order the state to restore the benefits,” Engel concluded.

For more information please contact Marc Dann at 216-373-0539 or [email protected]

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DannLaw founder Marc DannIt seems like just weeks ago we saw bright light at the end of the COVID-19 tunnel. Turns out that thanks to people who refuse to be vaccinated and the resultant spread of the highly contagious Delta variant of the Coronavirus that light may once again be an oncoming train that puts both lives and the nation’s economic recovery at risk. To eliminate that risk, we encourage everyone who has not already been vaccinated to roll up their sleeves and get their shot ASAP.

Unfortunately, the economic slowdown, more than 400,000 people a week are now filing new jobless claims, combined with Ohio Mike DeWine and other governors’ decision to rescind federally funded unemployment benefits leave millions of people at risk for losing their homes via eviction or foreclosure.

With that in mind, this update includes vital information about evictions, forbearance, and foreclosure…

First, a few updates on what we’ve been up to:

DannLaw Leads the Fight to Restore $1 Billion in Federal Benefits that Governor Dewine turned down for Unemployed Ohioans

You may have read about our effort to have the supplemental unemployment benefits restored to over 330,000 Ohioans. We argued in court that  Governor Dewine lacked the legal authority to refuse benefits made available to unemployed Ohioans by the Federal Government. While we lost the first round in Franklin County Court we are urging that the 10th District Court of Appeals to reverse the trial Judge’s decision. We are optimistic that our legal arguments on behalf of over 330,000 Ohioans will prevail. This is important not only to unemployed people but also to all of us. Those benefits will (and would have) pumped over $100 Million a week into Ohio’s economy. That money would be spent to support small businesses and employed workers throughout the state.

Ryder v. Wells Fargo Class Action Settles for $12 million: DannLaw Leads the Way

DannLaw and its co-counsel recently helped their clients resolve a class-action lawsuit against Wells Fargo related to glitches in the bank’s loan modification program: Ryder v. Wells Fargo Bank N.A., No. 1:19-cv-00638-TSB (S.D. Ohio). Through the settlement, roughly 1,830 class members will receive over $ 9 million in direct cash payments. No claim forms are required–checks will be issued directly to the class members. The rest of the settlement amount will be used to pay settlement administration fees and expenses, attorneys’ fees and expenses, and class representatives’ incentive awards. A copy of the settlement agreement may be found here and Plaintiffs’ Unopposed Motion for Preliminary Approval, filed on July 2, 2021, may be viewed here.

Foreclosure Moratorium Ends

The federal government’s foreclosure moratorium ended on July 31, 2021. Under new rules issued by the Consumer Financial Protection Bureau, foreclosure actions may proceed if the borrower:

  • Has abandoned the property.
  • Was more than 120 days behind on their mortgage before March 1, 2020.
  • Is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days
  • Has been evaluated for all options other than foreclosure and it is determined that foreclosure is unavoidable.

While foreclosure proceedings may begin, foreclosure is not necessarily a done deal. DannLaw’s experienced foreclosure defense attorneys have helped hundreds of families save their homes and their financial futures. We know how to use the law to protect borrowers and to hold lenders who violate the rules accountable.

If you were in foreclosure when the moratorium went into effect last year or believe your servicer or lender is about to begin proceedings to take your home, do not delay, contact DannLaw today to arrange a no-cost, no-obligation foreclosure defense consultation.

If you even suspect that a foreclosure will be initiated or reinstated Do not delay, contact us TODAY!  Click here to schedule an in-person, video conference, or telephone appointment or call us at 877-475-8100.

In Forbearance? Now is the time to begin planning your exit strategy…

There is also good news for homeowners in forbearance. The CFPB recently issued new rules designed to protect homeowners as mortgage forbearance programs and the moratorium on foreclosures end. The CFPB said the regulations, which take effect August 31, 2021, will give borrowers who stopped making their mortgage payments time to explore their options and require servicers to “redouble their efforts to work to prevent avoidable foreclosures.”

Among other things, the new rules will:

  • Give borrowers a meaningful opportunity to pursue loss mitigation options. To ensure that borrowers can pursue foreclosure avoidance options, servicers must meet temporary special procedural safeguards before initiating foreclosures through the end of the year.
  • Allow mortgage servicers to help borrowers faster.Servicers can now offer streamlined loan modifications to borrowers without making borrowers submit all the paperwork for every possible option. These streamlined loan modifications cannot increase borrowers’ payments and have other protections built into them.
  • Tell borrowers their options.Servicers will be required to increase their outreach to borrowers before initiating foreclosure and tell borrowers key information about their repayment or other options when they communicate with borrowers who are exiting forbearance or struggling to make mortgage payments.

Along with issuing the new rules, the federal government is also:

  • Extending the application deadline for homeowners who have not previously requested forbearance from July 1, 2021 to September 30, 2021. Six months of forbearance is available for new filers.
  • Providing homeowners who entered forbearance between July 1, 2020, and September 30, 2020, one additional three-month extension that will allow them to recover financially before resuming mortgage payments.

 Now is the time to begin planning your forbearance exit strategy.

Remember: forbearance is not forgiveness. At some point, borrowers will be responsible for missed payments, taxes, and other fees. The phase-out of the forbearance program and end of the foreclosure moratorium means now is the time for borrowers to plan and execute an exit strategy.

Fortunately, the CFPB’s new rules provide a clear roadmap to the future for many homeowners. Let’s take a look at the options available based on the type of loan you have. As always, the experienced legal team at DannLaw is available to help assess your situation and select the path that is right for you and your family. To arrange a no-cost, no-obligation consultation please complete and submit our contact form. We are eager to help you.

Generally speaking, borrowers whose loans are backed by the federal government have four ways to repay balances that accumulated during forbearance:

Repayment Plan

This option might be right for you if…
You can afford to pay more than your regular mortgage payment for a few months.

How it works
A portion of the amount you owe will be added to the amount you pay each month.

Deferral or Partial Claim

This option might be right for you if…
You can resume your regular payments but can’t afford to increase your payments.

How it works
These options will either move your missed payments to the end of your loan or put them into a subordinate lien repayable only when you refinance, sell, or terminate your mortgage.

Loan Modification

This option might be right for you if…
You can no longer afford to make your regular mortgage payment.

How it works
Your payment can be reduced to an affordable amount and your missed payments will be added to the amount you owe. Your monthly payments could also be lower, but it could take longer to pay off your loan.

Lump-sum Reinstatement

This option might be right for you if…
You want to pay back all of your missed payments at once.

How it works
For most loans, servicers cannot require you to pay a lump sum. So, if you only hear about a lump-sum repayment, ask about other options.

Now let’s look at the options available by the type of loan:

Fannie Mae/Freddie Mac.

Fannie Mae and Freddie Mac do not require a lump sum payment at the end of forbearance and offer repayment plans, deferrals and partial claims, and loan modifications. Your servicer should reach out to you about 30 days before your forbearance plan ends to determine which program is best for you.

HUD/FHA

HUD/FHA  does not require lump sum repayment at the end of the forbearance. Servicers will determine if the borrower is eligible for FHA’s COVID-19 Recovery Standalone Partial Claim home retention option no later than at the end of the forbearance period. This program is for homeowners able to resume making their monthly mortgage payments and places arrearages into a subordinate lien that is repaid only when the home is refinanced, sold, or the mortgage is terminated. This lien does not accrue interest.

Borrowers who cannot resume making existing monthly mortgage payments may be eligible for the COVID-19 Recovery Modification which extends the term of the mortgage to 360 months at a fixed rate and targets reducing the monthly principal and interest portion of monthly mortgage payments.

USDA Rural Housing Service 

USDA does not require a lump sum payment at the end of the forbearance. Borrowers able to resume making regular payments should be offered an affordable repayment plan or term extension that defers arrearages to the end of the loan. Servicers should determine if borrowers unable to begin making regular payments qualify for other loss mitigation options.

VA Loans

Servicers of VA loans cannot require borrowers to make a lump sum payment at the end of forbearance. VA currently offers repayment plans and loan modifications and is now evaluating other options that may be made available in the future.

An important note for borrowers with private loans.

Homeowners whose mortgages are held by private lenders are especially at risk at the end of forbearance. If you are in forbearance, please stay in regular contact with your servicer because they have the ability to change the terms of your plan at any time. They can also require you to make a lump sum payment when forbearance ends. In addition, it is highly likely that any repayment options they offer will be designed to maximize their profit at your expense.

DannLaw’s experienced legal team knows how to deal with and hold private lenders accountable. If you have a private mortgage, don’t hesitate to contact us to arrange a free consultation so we can assess your situation and help ensure that your home and your finances don’t become victims of the pandemic.

For comprehensive information about forbearance, repayment options, and other COVID-19-related mortgage issues please visit the CFPB’s Help for Homeowners webpage.

For Renters

The good news: on Tuesday, August 3, the Centers for Disease Control and Prevention (CDC) extended the eviction moratorium that had expired on July 31 until October 3, 2021. The eviction ban is in effect for areas of the nation experiencing “substantial and high levels of community transmission” of the coronavirus. That means 90% of the nearly 11 million people behind in their rent are protected.

According to the Biden administration, the extension will give renters and landlords time to access the more than $46 billion in aid that has been approved by Congress. To date only $3 billion has been disbursed. That means lots of dollars are available to pay for rent, late fees, utilities, and moving costs. You can learn more about the assistance programs here.

If you are behind in your rent payments, we strongly urge you to take the following steps:

  1. Determine if you are eligible for assistance. To be eligible you must have an agreement to pay rent for your home or mobile home lot. You don’t need to have a signed lease, and your home could be an apartment, house, mobile home, or other place. In addition, these factors must apply to at least one member of your household:
  • They did or should qualify for unemployment benefits;
  • They lost income
  • They owe large expenses or had other financial hardships
  • They are experiencing housing instability, which means they are at risk of becoming homeless or would have trouble finding a stable place to live.

Eligibility is also determined by household income based on where you live. For detailed information about eligibility click here then select your state, territory, or tribe from the pulldown menu.

  1. If you are eligible, apply TODAY! Do not wait, take advantage of the help that is available as soon as possible by clicking here then select your state, territory, or tribe from the pulldown menu.
  2. Communicate with your landlord. If you are behind in your rent, please communicate with your landlord. If you have applied for aid tell them. If you are not eligible, keep them advised of your situation and explore the possibility of working out a payment plan that will enable you to stay in your home when the moratorium ends.
  3. Do not ignore letters or summonses issued by a court. When and if you receive an eviction notice or are summoned to court, you must respond. Ignoring letters or failing to appear practically guarantees that you will be evicted.

Thanks for taking the time to read this important update, and as always feel free to contact us should you have questions or need our help. https://calendly.com/mdann

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The team of attorneys who filed suit in Cuyahoga Common Pleas Court to force Governor Mike DeWine and Matt Damschroeder, Director of the Ohio Department of Jobs and Family Services to rescind their decision to terminate federally-funded supplemental unemployment benefits announced today that they have refiled the action in Franklin County Common Pleas Court. The decision comes after Judge Michael Shaughnessy granted the state’s motion for a change of venue. The case has been assigned to Franklin County Common Pleas Judge Michael Holbrook.

Former Ohio AG Marc Dann and Brian Flick of DannLaw and Andrew Engel of Advocate Attorneys LLP said they are refiling in Franklin County because battling over venue would have delayed hearings on the substantive issues raised in the case and their motion for a temporary restraining order and preliminary injunction that would compel the state to restore the benefits. They hope to have an initial hearing on or before July 21.

“We want to get to a hearing before a judge as quickly as possible because, as the emails and phone calls we’ve received since we filed the suit clearly demonstrate, many, many Ohioans are being hurt by the governor’s callous and illegal decision to cut off these essential benefits,” Dann said.

The Mandamus complaint may be viewed here: Bowling Candy 2021 07 15 TS Franklin County Complaint1

The motion for a TRO and preliminary injunction may be viewed here: Bowling Candy 2021 07 15 TS Motion for TRO Franklin1

DannLaw’s response to the State’s motion may be viewed here: Bowling Candy 2021 07 21 Reply in Response to Memorandum in Opp