{"identifier":"/us/usc/t15/s9056","title":15,"num":"\u00a7\u202f9056.","heading":"Foreclosure moratorium and consumer right to request forbearance","text":"\u00a7\u202f9056.\nForeclosure moratorium and consumer right to request forbearance\n(a)\nDefinitions\nIn this section:\n(1)\nCOVID\u201319 emergency\nThe term \u201cCOVID\u201319 emergency\u201d means the national emergency concerning the novel coronavirus disease (COVID\u201319) outbreak declared by the President on\nMarch 13, 2020\n50 U.S.C. 1601\n(2)\nFederally backed mortgage loan\nThe term \u201cFederally backed mortgage loan\u201d includes any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families that is\u2014\n(A) insured by the Federal Housing Administration under title II of the National Housing Act (\n12 U.S.C. 1707\n(B) insured under section 255 of the National Housing Act (\n12 U.S.C. 1715z\u201320\n(C) guaranteed under section 1715z\u201313a or 1715z\u201313b of title 12;\n(D) guaranteed or insured by the Department of Veterans Affairs;\n(E) guaranteed or insured by the Department of Agriculture;\n(F) made by the Department of Agriculture; or\n(G) purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.\n(b)\nForbearance\n(1)\nIn general\nDuring the covered period, a borrower with a Federally backed mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID\u201319 emergency may request forbearance on the Federally backed mortgage loan, regardless of delinquency status, by\u2014\n(A) submitting a request to the borrower\u2019s servicer; and\n(B) affirming that the borrower is experiencing a financial hardship during the COVID\u201319 emergency.\n(2)\nDuration of forbearance\nUpon a request by a borrower for forbearance under paragraph (1), such forbearance shall be granted for up to 180 days, and shall be extended for an additional period of up to 180 days at the request of the borrower, provided that, at the borrower\u2019s request, either the initial or extended period of forbearance may be shortened.\n(3)\nAccrual of interest or fees\nDuring a period of forbearance described in this subsection, no fees, penalties, or interest beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract, shall accrue on the borrower\u2019s account.\n(c)\nRequirements for servicers\n(1)\nIn general\nUpon receiving a request for forbearance from a borrower under subsection (b), the servicer shall with no additional documentation required other than the borrower\u2019s attestation to a financial hardship caused by the COVID\u201319 emergency and with no fees, penalties, or interest (beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract) charged to the borrower in connection with the forbearance, provide the forbearance for up to 180 days, which may be extended for an additional period of up to 180 days at the request of the borrower, provided that, the borrower\u2019s request for an extension is made during the covered period, and, at the borrower\u2019s request, either the initial or extended period of forbearance may be shortened.\n(2)\nForeclosure moratorium\nExcept with respect to a vacant or abandoned property, a servicer of a Federally backed mortgage loan may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale for not less than the 60-day period beginning on\nMarch 18, 2020","url":"https://projectusc.org/usc/t15/s9056.html","content":[{"t":"sec","id":"/us/usc/t15/s9056","children":[{"t":"num","text":"\u00a7\u202f9056."},{"t":"heading","text":"Foreclosure moratorium and consumer right to request forbearance"},{"t":"subsec","id":"/us/usc/t15/s9056/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t15/s9056/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"COVID\u201319 emergency"},{"t":"content","children":[{"t":"p","text":"The term \u201cCOVID\u201319 emergency\u201d means the national emergency concerning the novel coronavirus disease (COVID\u201319) outbreak declared by the President on ","children":[{"t":"text","text":"March 13, 2020","tail":" under the National Emergencies Act ("},{"t":"ref","text":"50 U.S.C. 1601","href":"/us/usc/t50/s1601","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9056/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Federally backed mortgage loan"},{"t":"chapeau","text":"The term \u201cFederally backed mortgage loan\u201d includes any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families that is\u2014"},{"t":"subpara","id":"/us/usc/t15/s9056/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" insured by the Federal Housing Administration under title II of the National Housing Act (","children":[{"t":"ref","text":"12 U.S.C. 1707","href":"/us/usc/t12/s1707","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9056/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" insured under section 255 of the National Housing Act (","children":[{"t":"ref","text":"12 U.S.C. 1715z\u201320","href":"/us/usc/t12/s1715z\u201320","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9056/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" guaranteed under section 1715z\u201313a or 1715z\u201313b of title 12;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9056/a/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" guaranteed or insured by the Department of Veterans Affairs;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9056/a/2/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" guaranteed or insured by the Department of Agriculture;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9056/a/2/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" made by the Department of Agriculture; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9056/a/2/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9056/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Forbearance"},{"t":"para","id":"/us/usc/t15/s9056/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"During the covered period, a borrower with a Federally backed mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID\u201319 emergency may request forbearance on the Federally backed mortgage loan, regardless of delinquency status, by\u2014"},{"t":"subpara","id":"/us/usc/t15/s9056/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" submitting a request to the borrower\u2019s servicer; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9056/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" affirming that the borrower is experiencing a financial hardship during the COVID\u201319 emergency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9056/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Duration of forbearance"},{"t":"content","children":[{"t":"p","text":"Upon a request by a borrower for forbearance under paragraph (1), such forbearance shall be granted for up to 180 days, and shall be extended for an additional period of up to 180 days at the request of the borrower, provided that, at the borrower\u2019s request, either the initial or extended period of forbearance may be shortened.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9056/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Accrual of interest or fees"},{"t":"content","children":[{"t":"p","text":"During a period of forbearance described in this subsection, no fees, penalties, or interest beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract, shall accrue on the borrower\u2019s account.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9056/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Requirements for servicers"},{"t":"para","id":"/us/usc/t15/s9056/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Upon receiving a request for forbearance from a borrower under subsection (b), the servicer shall with no additional documentation required other than the borrower\u2019s attestation to a financial hardship caused by the COVID\u201319 emergency and with no fees, penalties, or interest (beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract) charged to the borrower in connection with the forbearance, provide the forbearance for up to 180 days, which may be extended for an additional period of up to 180 days at the request of the borrower, provided that, the borrower\u2019s request for an extension is made during the covered period, and, at the borrower\u2019s request, either the initial or extended period of forbearance may be shortened.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9056/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Foreclosure moratorium"},{"t":"content","children":[{"t":"p","text":"Except with respect to a vacant or abandoned property, a servicer of a Federally backed mortgage loan may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale for not less than the 60-day period beginning on ","children":[{"t":"text","text":"March 18, 2020","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}