CARES Act Consumer Right to Request Forbearance
Montana Housing homeowners with a federally backed mortgage loan experiencing financial hardship due directly or indirectly to the COVID-19 pandemic may request forbearance on their federally backed mortgage loan, regardless of delinquency status.
On March 27, 2020, Congress passed, and President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) which provides for the right to request forbearance.
Please review the Montana Housing COVID-19 Response letter for details.
FHA’s Foreclosure and Eviction Moratorium Extended Through June 30, 2021
The Federal Housing Administration (FHA) published Mortgagee Letter (ML 2021-05). This ML announces the extension of the foreclosure and eviction moratorium through June 30, 2021. This guidance is applicable to all FHA Title II single family forward mortgage and Home Equity Conversion Mortgage (reverse) programs, except for those secured by vacant and/or abandoned properties.
RD’s Foreclosure and Eviction Moratorium Extended Through June 30, 2021
The Foreclosure and Eviction Moratorium announced by USDA, Single Family Housing Guaranteed Loan Program (SFHGLP) on March 19, 2020 is extended until June 30, 2021. The moratorium does not apply in cases where the servicer has documented the property is vacant or abandoned.
VA’s Foreclosure and Eviction Moratorium Extended Through June 30, 2021
Department of Veterans Affairs (VA) guaranteed loans are subject to a moratorium Circular 26-21-05 on foreclosure through June 30, 2021. The moratorium applies to the initiation of foreclosures, and to the completion of foreclosures in process.
To Request a Forbearance
Montana Housing borrowers must submit a completed Montana Housing COVID19 Forbearance Acknowledgment form. Upon receipt of the completed form, Montana Housing Loan Servicing Specialist will contact the borrower to discuss next steps. It is critical that borrowers keep in contact with us during this time so we can identify the best option available to each borrower, based on individual circumstances.
FHA Timeframe to Request the Initial Forbearance Extended
Pursuant to Mortgagee Letter (ML 2021-05), FHA is allowing mortgagees to approve the initial COVID-19 Forbearance through June 30, 2021. Additionally, borrowers may request two COVID-19 Forbearance and COVID-19 HECM extension periods of up to three months each for borrowers who requested their initial COVID-19 Forbearance or COVID-19 HECM extension period on or before June 30, 2020 and are coming to the end of their 12 month period.
RD Timeframe to Request the Initial Forbearance Extended
RD has extended the timeframe for borrower to request the initial forbearance from previous guidance. Recent guidance provides, Servicers may approve the initial 180 day COVID-19 Forbearance no later than the earlier of the termination date of the national emergency declared by the President on March 13, 2020 or June 30, 2021 and the borrower may request an extension of up to an additional 180 days. Borrowers who received an initial CARES Act forbearance before June 30, 2020, may be granted up to two additional three-month payment forbearances. The borrower must request each extension individually.
VA Timeframe to Request the Initial Forbearance Extended
Department of Veterans Affairs (VA) guaranteed loans has extended the timeframe to request the initial forbearance per Circular 26-21-04 through June 30, 2021. For Veterans who requested their initial COVID-19 forbearance on or before June 30, 2020, the Veteran may request, up to two additional three-month COVID-19 forbearance periods, after twelve months of COVID-19 forbearance. The Veteran must request each three-month extension individually. Neither of the two additional three month COVID-19 forbearance periods may extend beyond December 31, 2021.
Montana Housing must follow the guidelines set forth by the insurer/guarantor (FHA, VA, RD, HUD-184) of your loan. These guidelines allow Montana Housing to offer loan modifications, payment plans, and forbearance but do not allow us to defer payments. Montana Housing, as a loan servicer of federally insured mortgages, applauds the passage of the federal CARES Act to provide relief for our homeowners.
Consumer Finance Protection Agency Guide to coronavirus mortgage relief options
CARES Act Forbearance Fact Sheet for Borrowers with FHA, VA, or USDA Loans
Federal Housing Administration COVID-19 Questions and Answers
Post Forbearance Options:
Upon completion of the forbearance, Montana Housing will work with borrowers to resolve past due payments by offering an affordable repayment plan or evaluate borrowers for all available loss mitigation options.