ERAP Stay Vacated For Owner Who Remained in Premises Post-Foreclosure

June 27, 2022

LVT Number: #32097

A mortgage lender, FNMA, sued to evict occupant, who had owned the property, in a post-foreclosure eviction proceeding. Occupant signed a settlement agreement in 2019 but failed to vacate as agreed. Eviction was delayed by the onset of the COVID-19 pandemic. Occupant then filed both a Hardship Declaration and ERAP application. FNMA asked the court to lift any stays in effect. The court ruled for FNMA, noting that the eviction moratorium based on hardship declaration had expired on Jan. 15, 2022, whether or not it applied to occupant.

A mortgage lender, FNMA, sued to evict occupant, who had owned the property, in a post-foreclosure eviction proceeding. Occupant signed a settlement agreement in 2019 but failed to vacate as agreed. Eviction was delayed by the onset of the COVID-19 pandemic. Occupant then filed both a Hardship Declaration and ERAP application. FNMA asked the court to lift any stays in effect. The court ruled for FNMA, noting that the eviction moratorium based on hardship declaration had expired on Jan. 15, 2022, whether or not it applied to occupant. FNMA proved that it had foreclosed on the property and that occupant had been the owner of the property. She wasn't a tenant or lawful occupant. So the ERAP stay must be vacated and lifted. 

Federal Natl. Mtg. Assn. v. Godette: Dckt. No. 1198-18, 2022 NY Slip Op 22151 (City Ct. Mt. Vernon; 5/16/22; Johnson, J)

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