Revised CARES Act Affidavit

This week Chief Justice Beasley modified and extended Emergency Directive 18, extending the requirement for landlords to file an affidavit confirming compliance with the Federal CARES Act in all residential evictions for nonpayment.

This now includes forbearance finding requirements. In the revised affidavit, (question 4 in link below) landlords are to specify whether the mortgage loan of the property is currently in forbearance. This affidavit should be used for all ejectment filings for nonpayment moving forward. While we anticipate the Chief Justice will continuously extend this Directive every 30 days for the remainder of the year, the expiration date of this emergency order is set for October 15, 2020.

Revised CARES Act Affidavit