Foreclosures and Evictions during COVID-19 – An UPDATE
This is an update to our previous post on March 20, 2020: Foreclosures and Evictions during COVID-19
Governor Laura Kelly has issued a new Executive Order that rescinds, and clarifies, Executive Order 20-06 previously issued on March 17, 2020. The new Executive Order, Order No. 20-10, issued on March 23, 2020, makes clear that foreclosures and evictions that were pending as of the effective date of Executive Order 20-06 were NOT stayed. Further, new evictions and foreclosures arising from breaches that are not caused by a financial hardship resulting from the COVID-19 pandemic are not stayed. The burden is on the party seeking foreclosure or eviction to prove that the claim does not arise from a financial hardship caused by the pandemic. The new order further makes clear that foreclosures initiated by the United States government are not restricted. The order is effective immediately and remains in force until rescinded, May 1, 2020, or until the State of Disaster expires, whichever is earlier.
This new Executive Order should be read in conjunction with Administrative Order 20-PR-016 issued by the Kansas Supreme Court on March 18, 2020 and a follow-up e-mail regarding that order from Chief Justice Marla Luckert dated March 20, 2020 which essentially state that although statutes of limitations and other statutory timelines (such as the requirement to file an answer to a petition within 21 days after service in Kansas) are suspended, civil lawsuits can still be filed although no hearings in civil cases may be held until further order of the Kansas Supreme Court.
Again, if you currently are involved in a mortgage foreclosure or eviction matter we recommend working with your legal counsel to ensure you are complying with these new orders.
If you have questions on this order, or other foreclosure or eviction questions, please contact us at 316-267-2000.