CARES Act Consumer Right to Request Forbearance
On March 27, 2020, congress passed, and President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Under the CARES Act, Montana Housing homeowners with a Federally backed mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID–19 emergency may request forbearance on their Federally backed mortgage loan, regardless of delinquency status. Please review our Montana Housing COVID-19 Response letter for details.
FHA’s Foreclosure and Eviction Moratorium Extended Through December 31, 2020
The Federal Housing Administration (FHA) published Mortgagee Letter (ML) 2020-27. This ML announces a third extension of the foreclosure and eviction moratorium through December 31, 2020. 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 December 31, 2020
The 60-day Foreclosure and Eviction Moratorium announced by USDA, Single Family Housing Guaranteed Loan Program (SFHGLP) on March 19th, is extended until December 31st, 2020. 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 December 31, 2020
Department of Veterans Affairs (VA) guaranteed loans are subject to a moratorium on foreclosure through December 31, 2020. 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 Expires October 30, 2020
FHA provides, “Mortgagees may approve the initial COVID-19 Forward Forbearance no later than October 30, 2020.”
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 December 31, 2020.
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.