Sec. 103. Protecting renters and homeowners from evictions and foreclosures

5,583 words·~25 min read·/bill/116/hr/7301/eh/section-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The CARES Act is amended by striking section 4024 ( 15 U.S.C. 9058 ; Public Law 116–136 ; 134 Stat. 492) and inserting the following new section: The Congress finds that— according to the 2018 American Community Survey, 36 percent of households in the United States—more than 43 million households—are renters; in 2019 alone, renters in the United States paid $512 billion in rent; according to the Joint Center for Housing Studies of Harvard University, 20.8 million renters in the United States spent more than 30 percent of their incomes on housing in 2018 and 10.9 million renters spent more than 50 percent of their incomes on housing in the same year; according to data from the Department of Labor, more than 30 million people have filed for unemployment since the COVID-19 pandemic began; the impacts of the spread of COVID-19, which is now considered a global pandemic, are expected to negatively impact the incomes of potentially millions of renter households, making it difficult for them to pay their rent on time; and evictions in the current environment would increase homelessness and housing instability which would be counterproductive towards the public health goals of keeping individuals in their homes to the greatest extent possible.

During the period beginning on the date of the enactment of this Act and ending 12 months after such date of enactment, the lessor of a covered dwelling located in such State may not make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges. For purposes of this section, the following definitions shall apply: The term covered dwelling means a dwelling that is occupied by a tenant— pursuant to a residential lease; or without a lease or with a lease terminable at will under State law.

The term dwelling has the meaning given such term in section 802 of the Fair Housing Act ( 42 U.S.C. 3602 ) and includes houses and dwellings described in section 803(b) of such Act ( 42 U.S.C. 3603(b) ). After the expiration of the period described in subsection (b), the lessor of a covered dwelling may not require the tenant to vacate the covered dwelling by reason of nonpayment of rent or other fees or charges before the expiration of the 30-day period that begins upon the provision by the lessor to the tenant, after the expiration of the period described in subsection (b), of a notice to vacate the covered dwelling. .

Section 4022 of the CARES Act ( 15 U.S.C. 9056 ) is amended— by striking Federally backed mortgage loan each place such term appears and inserting covered mortgage loan ; and in subsection (a)— by amending paragraph

(2)to read as follows: The term covered mortgage loan means any credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a 1- to 4-unit dwelling or on residential real property that includes a 1- to 4-unit dwelling, except that it shall not include a credit transaction under an open end credit plan other than a reverse mortgage. ; and by adding at the end the following: With respect to a loan, the term covered period means the period beginning on the date of enactment of this Act and ending 12 months after such date of enactment. . Section 4022(c) of the CARES Act ( 15 U.S.C. 9056(c) ), as amended by paragraph

(5)of this subsection, is further amended by adding at the end the following: Notwithstanding any other law governing forbearance relief— any borrower whose covered mortgage loan became 60 days delinquent between March 13, 2020, and the date of enactment of this paragraph, and who has not already received a forbearance under subsection (b), shall automatically be granted a 60-day forbearance that begins on the date of enactment of this paragraph, provided that a borrower shall not be considered delinquent for purposes of this paragraph while making timely payments or otherwise performing under a trial modification or other loss mitigation agreement; and any borrower whose covered mortgage loan becomes 60 days delinquent between the date of enactment of this paragraph and the end of the covered period, and who has not already received a forbearance under subsection (b), shall automatically be granted a 60-day forbearance that begins on the 60th day of delinquency, provided that a borrower shall not be considered delinquent for purposes of this paragraph while making timely payments or otherwise performing under a trial modification or other loss mitigation agreement. An automatic forbearance provided under subparagraph

(A)shall be extended for up to an additional 120 days upon the borrower’s request, oral or written, submitted to the borrower’s servicer affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency. A forbearance extended under subparagraph

(B)shall be extended for up to an additional 180 days, up to a maximum of 360 days (including the period of automatic forbearance), upon the borrower’s request, oral or written, submitted to the borrower’s servicer affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency. With respect to a forbearance provided under this paragraph, the borrower of such loan may elect to continue making regular payments on the loan. A borrower who makes such election shall be offered a loss mitigation option pursuant to subsection

(d)within 30 days of resuming regular payments to address any payment deficiency during the forbearance. At a borrower’s request, any period of forbearance provided under this paragraph may be shortened. A borrower who makes such a request shall be offered a loss mitigation option pursuant to subsection

(d)within 30 days of resuming regular payments to address any payment deficiency during the forbearance. When any covered mortgage loan which is also a federally-insured reverse mortgage loan, during the covered period, is due and payable due to the death of the last borrower or end of a deferral period or eligible to be called due and payable due to a property charge default, or if the borrower defaults on a property charge repayment plan, or if the borrower defaults for failure to complete property repairs, or if an obligation of the borrower under the Security Instrument is not performed, the mortgagee automatically shall be granted a six-month extension of— the mortgagee’s deadline to request due and payable status from the Department of Housing and Urban Development; the mortgage’s deadline to send notification to the mortgagor or his or her heirs that the loan is due and payable; the deadline to initiate foreclosure; any reasonable diligence period related to foreclosure or the Mortgagee Optional Election; if applicable, the deadline to obtain the due and payable appraisal; and any claim submission deadline, including the 6-month acquired property marketing period. The mortgagee shall not request due and payable status from the Secretary of Housing and Urban Development nor initiate foreclosure during this six-month period described under subparagraph (A), which shall be considered a forbearance period. A forbearance provided under subparagraph

(B)and related deadline extension authorized under subparagraph

(A)shall be extended for an additional 180 days upon— the borrower’s request, oral or written, submitted to the borrower’s servicer affirming that the borrower is experiencing a financial hardship that prevents the borrower from making payments on property charges, completing property repairs, or performing an obligation of the borrower under the Security Instrument due, directly or indirectly, to the COVID–19 emergency; a non-borrowing spouse’s request, oral or written, submitted to the servicer affirming that the non-borrowing spouse has been unable to satisfy all criteria for the Mortgagee Optional Election program due, directly or indirectly, to the COVID-19 emergency, or to perform all actions necessary to become an eligible non-borrowing spouse following the death of all borrowers; or a successor-in-interest of the borrower’s request, oral or written, submitted to the servicer affirming the heir’s difficulty satisfying the reverse mortgage loan due, directly or indirectly, to the COVID-19 emergency. Where any covered mortgage loan which is also a federally insured reverse mortgage loan is in default during the covered period and subject to a prior event which provides for curtailment of debenture interest in connection with a claim for insurance benefits, the curtailment of debenture interest shall be suspended during any forbearance period provided herein. . Section 4022(c) of the CARES Act ( 15 U.S.C. 9056(c) ) is amended— in paragraph (2), by striking 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 March 18, 2020 and inserting may not initiate or proceed with any judicial or non-judicial foreclosure process, schedule a foreclosure sale, move for a foreclosure judgment or order of sale, execute a foreclosure related eviction or foreclosure sale for six months after the date of enactment of the ; and Emergency Housing Protections and Relief Act of 2020 by adding at the end the following: In the case of personal property, including any recreational or motor vehicle, used as a dwelling, no person may use any judicial or non-judicial procedure to repossess or otherwise take possession of such property for six months after date of enactment of this paragraph. . Section 4022 of the CARES Act ( 15 U.S.C. 9056 ) is amended— in subsection (b), by striking paragraphs (1), (2), and

(3)and inserting the following: During the covered period, a borrower with a covered mortgage loan who has not obtained automatic forbearance pursuant to this section and who is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency may request forbearance on the loan, regardless of delinquency status, by— submitting a request, orally or in writing, to the servicer of the loan; and affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency. Upon a request by a borrower to a servicer for forbearance under paragraph (1), such forbearance shall be granted by the servicer for the period requested by the borrower, up to an initial length of 180 days, the length of which shall be extended by the servicer, at the request of the borrower for the period or periods requested, for a total forbearance period of up to 12-months. For purposes of granting a forbearance under this paragraph, a servicer may grant an initial forbearance with a term of not less than 90 days, provided that it is automatically extended for an additional 90 days unless the servicer confirms the borrower does not want to renew the forbearance or that the borrower is no longer experiencing a financial hardship that prevents the borrower from making timely mortgage payments due, directly or indirectly, to the COVID–19 emergency. At a borrower’s request, any period of forbearance described under this paragraph may be shortened. A borrower who makes such a request shall be offered a loss mitigation option pursuant to subsection

(d)within 30 days of resuming regular payments to address any payment deficiency during the forbearance. A servicer shall not charge a borrower any 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) in connection with a forbearance, provided that a servicer may offer the borrower a modification option at the end of a forbearance period granted hereunder that includes the capitalization of past due principal and interest and escrow payments as long as the borrower’s principal and interest payment under such modification remains at or below the contractual principal and interest payments owed under the terms of the mortgage contract before such forbearance period except as the result of a change in the index of an adjustable rate mortgage. Any communication between a borrower and a servicer described under this section may be made in writing or orally, at the borrower’s choice. Upon request from a borrower, servicers shall communicate with borrowers who have a disability in the borrower's preferred method of communication. For purposes of this paragraph, the term disability has the meaning given that term in the Fair Housing Act, the Americans with Disabilities Act of 1990, or the Rehabilitation Act of 1973. ; and in subsection (c), by amending paragraph

(1)to read as follows: A servicer of a covered mortgage loan shall not require any documentation with respect to a forbearance under this section other than the borrower’s affirmation (oral or written) to a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency. An oral request for forbearance and oral affirmation of hardship by the borrower shall be sufficient for the borrower to obtain or extend a forbearance. . Section 4022(c) of the CARES Act ( 15 U.S.C. 9056(c) ), as amended by paragraph

(3)of this subsection, is further amended by adding at the end the following: Within 30 days of a servicer of a covered mortgage loan providing forbearance to a borrower under subsection

(b)or paragraph

(9)or (10), or 10 days if the forbearance is for a term of less than 60 days, but only where the forbearance was provided in response to a borrower’s request for forbearance or when an automatic forbearance was initially provided under paragraph

(9)or (10), and not when an existing forbearance is automatically extended, the servicer shall provide the borrower with a notice in accordance with the terms in paragraph (5). The written notice required under paragraph

(4)shall state in plain language— the specific terms of the forbearance; the beginning and ending dates of the forbearance; that the borrower is eligible for up to 12 months of forbearance; that the borrower may request an extension of the forbearance unless the borrower will have reached the maximum period at the end of the forbearance; that the borrower may request that the initial or extended period be shortened at any time; that the borrower should contact the servicer before the end of the forbearance period; a description of the loss mitigation options that may be available to the borrower at the end of the forbearance period based on the borrower’s specific loan; information on how to find a housing counseling agency approved by the Department of Housing and Urban Development; in the case of a forbearance provided pursuant to paragraph

(9)or (10), that the forbearance was automatically provided and how to contact the servicer to make arrangements for further assistance, including any renewal; and where applicable, that the forbearance is subject to an automatic extension including the terms of any such automatic extensions and when any further extension would require a borrower request. During any forbearance provided under this section, a servicer shall pay or advance funds to make disbursements in a timely manner from any escrow account established on the covered mortgage loan. During the period that begins 90 days after the date of the enactment of this paragraph and ends at the end of the covered period, each servicer of a covered mortgage loan shall be required to— make available in a clear and conspicuous manner on their webpage accurate information, in English and Spanish, for borrowers regarding the availability of forbearance as provided under subsection (b); and notify every borrower whose payments on a covered mortgage loan are delinquent in any oral communication with or to the borrower that the borrower may be eligible to request forbearance as provided under subsection (b), except that such notice shall not be required if the borrower already has requested forbearance under subsection (b). As long as a borrower’s payment on a covered mortgage loan was not more than 30 days delinquent on March 13, 2020, a servicer may not deem the borrower as delinquent while a forbearance granted under subsection

(b)is in effect for purposes of the application of sections 6 and 10 of the Real Estate Settlement Procedures Act and any applicable regulations. . Section 4022 of the CARES Act ( 15 U.S.C. 9056 ) is amended by adding at the end the following: With respect to any covered mortgage loan as to which forbearance under this section has been granted and not otherwise extended, including by automatic extension, a servicer shall, no later than 30 days before the end of the forbearance period, in writing, notify the borrower that additional forbearance may be available and how to request such forbearance, except that no such notice is required where the borrower already has requested an extension of the forbearance period, is subject to automatic extension pursuant to subsection (b)(2)(B), or no additional forbearance is available. No later than 30 days before the end of any forbearance period that has not been extended or 30 days after a request by a consumer to terminate the forbearance, which time shall be before the servicer initiates or engages in any foreclosure activity listed in subsection (c)(2), including incurring or charging to a borrower any fees or corporate advances related to a foreclosure, the servicer shall, in writing— offer the borrower a loss mitigation option, without the charging of any fees or penalties other than interest, such that the borrower’s principal and interest payment remains the same as it was prior to the forbearance, subject to any adjustment of the index pursuant to the terms of an adjustable rate mortgage, and that either— defers the payment of total arrearages, including any escrow advances, to the end of the existing term of the loan, without the charging or collection of any additional interest on the deferred amounts; or extends the term of the mortgage loan, and capitalizes, defers, or forgives all escrow advances and other arrearages; provided, however, that the servicer may offer the borrower a loss mitigation option that reduces the principal and interest payment on the loan and capitalizes, defers, or forgives all escrow advances or arrearages if the servicer has information indicating that the borrower cannot resume the pre-forbearance mortgage payments; and concurrent with the loss mitigation offer in subparagraph (A), notify the borrower that the borrower has the right to be evaluated for other loss mitigation options if the borrower is not able to make the payment under the option offered in subparagraph (A). Before a servicer may initiate or engage in any foreclosure activity listed in subsection (c)(2), including incurring or charging to a borrower any fees or corporate advances related to a foreclosure on the basis that the borrower has failed to perform under the loss mitigation offer in paragraph (2)(A) within the first 90 days after the option is offered, including a failure to accept the loss mitigation offer in paragraph (2)(A), the servicer shall— unless the borrower has already submitted a complete application that the servicer is reviewing— notify the borrower in writing of the documents and information, if any, needed by the servicer to enable the servicer to consider the borrower for all available loss mitigation options; exercise reasonable diligence to obtain the documents and information needed to complete the borrower’s loss mitigation application; upon receipt of a complete application or if, despite the servicer’s exercise of reasonable diligence, the loss mitigation application remains incomplete sixty days after the notice in paragraph (2)(A) is sent, conduct an evaluation of the complete or incomplete loss mitigation application without reference to whether the borrower has previously submitted a complete loss mitigation application and offer the borrower all available loss mitigation options for which the borrower qualifies under applicable investor guidelines, including guidelines regarding required documentation. An application, offer, or evaluation for loss mitigation under this section shall not be the basis for the denial of a borrower’s application as duplicative or for a reduction in the borrower’s appeal rights under Regulation X (12 CFR 1024) in regard to any loss mitigation application submitted after the servicer has complied with the requirements of paragraphs

(2)and (3). Any loss mitigation option authorized by the Federal National Mortgage Association, the Federal Home Loan Corporation, or the Federal Housing Administration that either— defers the payment of total arrearages, including any escrow advances, to the end of the existing term of the loan, without the charging or collection of any additional interest on the deferred amounts, or extends the term of the mortgage loan, and capitalizes, defers, or forgives all escrow advances and other arrearages, without the charging of any fees or penalties beyond interest on any amount capitalized into the loan principal, shall be deemed to comply with the requirements of paragraph (1)(B). For a covered mortgage loan which is also a federally-insured reverse mortgage loan, a servicer’s conduct shall be deemed to comply with this section provided that if the loan is eligible to be called due and payable due to a property charge default, the mortgagee shall, as a precondition to sending a due and payable request to the Secretary or initiating or continuing a foreclosure process— make a good faith effort to communicate with the borrower regarding available home retention options to cure the property charge default, including encouraging the borrower to apply for home retention options; and consider the borrower for all available home retention options as allowed by the Secretary. The Secretary shall amend its allowable home retention options to permit a repayment plan of up to 120 months in length, and to permit a repayment plan without regard to prior defaults on repayment plans. The Secretary may not curtail interest paid to mortgagees who engage in loss mitigation or home retention actions through interest curtailment during such loss mitigation or home retention review or during the period when a loss mitigation or home retention plan is in effect and ending 90 days after any such plan terminates. . Section 505 of the Housing Act of 1949 ( 42 U.S.C. 1475 ) is amended— by striking the section heading and inserting ; Loss Mitigation and Foreclosure Procedures in subsection (a), by striking the section designation and all that follows through During any and inserting the following: In determining a borrower’s eligibility for relief, the Secretary shall make all eligibility decisions based on the borrower’s household’s income, expenses, and circumstances. During any . by redesignating subsection

(b)as subsection (c); and by inserting after subsection

(a)the following new subsection:

(1)Notwithstanding any other provision of this title, for any loan made under section 502 or 504, the Secretary may modify the interest rate and extend the term of such loan for up to 30 years from the date of such modification. At the end of any moratorium period granted under this section or under the Emergency Housing Protections and Relief Act of 2020 , the Secretary shall determine whether the borrower can reasonably resume making principal and interest payments after the Secretary modifies the borrower’s loan obligations in accordance with paragraph (1). . Section 4023 of the CARES Act ( 15 U.S.C. 9057 ) is amended— by striking Federally backed multifamily mortgage loan each place such term appears and inserting multifamily mortgage loan ; in subsection (b), by striking during and inserting due, directly or indirectly, to ; in subsection (c)(1)— in subparagraph (A), by adding and at the end; by striking subparagraphs

(B)and

(C)and inserting the following: provide the forbearance for up to the end of the period described under section 4024(b). ; and by redesignating subsection

(f)as subsection (g); by inserting after subsection

(e)the following: With respect to a multifamily mortgage loan provided a forbearance under this section, the servicer of such loan— shall provide the borrower with a 12-month period beginning at the end of such forbearance to become current on the payments under such loan; may not charge any late fees, penalties, or other charges with respect to payments on the loan that were due during the forbearance period, if such payments are made before the end of the 12-month period; and may not report any adverse information to a credit rating agency (as defined under section 603 of the Fair Credit Reporting Act with respect to any payments on the loan that were due during the forbearance period, if such payments are made before the end of the 12-month period.). ; and in subsection (g), as so redesignated— in paragraph (2)— by striking that— and all that follows through

(A)is secured by and inserting that is secured by ; by striking ; and and inserting a period; and by striking subparagraph (B); and by amending paragraph

(5)to read as follows: With respect to a loan, the term covered period has the meaning given that term under section 4022(a)(3). . A borrower that receives a forbearance pursuant to section 4022 or 4023 of the CARES Act ( 15 U.S.C. 9056 or 9057) may not, for the duration of the forbearance— evict or initiate the eviction of a tenant solely for nonpayment of rent or other fees or charges; or charge any late fees, penalties, or other charges to a tenant for late payment of rent. Section 1026.43(e)(4)(iii)(B) of title 12, Code of Federal Regulations, shall have no force or effect. The special rules in section 1026.43(e)(4) of title 12, Code of Federal Regulations, shall apply to covered transactions consummated prior to June 1, 2022, or such later date as the Director of the Bureau of Consumer Financial Protection may determine, by rule. A servicer of covered mortgage loans or multifamily mortgage loans shall be deemed not to have violated any duty or contractual obligation owed to investors or other parties regarding such mortgage loans on account of offering or implementing in good faith forbearance during the covered period or offering or implementing in good faith post-forbearance loss mitigation (including after the expiration of the covered period) in accordance with the terms of sections 4022 and 4023 of the CARES Act to borrowers, respectively, on covered or multifamily mortgage loans that it services and shall not be liable to any party who is owed such a duty or obligation or subject to any injunction, stay, or other equitable relief to such party on account of such offer or implementation of forbearance or post-forbearance loss mitigation. Any person, including a trustee of a securitization vehicle or other party involved in a securitization or other investment vehicle, who in good faith cooperates with a servicer of covered or multifamily mortgage loans held by that securitization or investment vehicle to comply with the terms of section 4022 and 4023 of the CARES Act, respectively, to borrowers on covered or multifamily mortgage loans owned by the securitization or other investment vehicle shall not be liable to any party who is owed such a duty or obligation or subject to any injunction, stay, or other equitable relief to such party on account of its cooperation with an offer or implementation of forbearance during the covered period or post-forbearance loss mitigation, including after the expiration of the covered period. During the covered period, notwithstanding any contractual restrictions, it is deemed to be standard industry practice for a servicer to offer forbearance or loss mitigation options in accordance with the terms of sections 4022 and 4023 of the CARES Act to borrowers, respectively, on all covered or multifamily mortgage loans it services. Nothing in this paragraph may be construed as affecting the liability of a servicer or other person for actual fraud in the servicing of a mortgage loan or for the violation of a State or Federal law. In this paragraph: The term covered mortgage loan has the meaning given that term under section 4022(a) of the CARES Act. The term covered period has the meaning given that term under section 4023(g) of the CARES Act. The term multifamily mortgage loan has the meaning given that term under section 4023(g) of the CARES Act. The term servicer — has the meaning given the term under section 6(i) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605(i) ); and means a master servicer and a subservicer, as such terms are defined, respectively, under section 1024.31 of title 12, Code of Federal Regulations. The term securitization vehicle has the meaning give that term under section 129A(f) of the Truth in Lending Act ( 15 U.S.C. 1639a(f) ). Section 541(b) of title 11, United States Code, is amended— in paragraph (9), in the matter following subparagraph (B), by striking or ; in paragraph (10)(C), by striking the period at the end and inserting ; or ; and by inserting after paragraph

(10)the following: payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19). . Section 525 of title 11, United States Code, is amended by adding at the end the following: A person may not be denied any forbearance, assistance, or loan modification relief made available to borrowers by a mortgage creditor or servicer because the person is or has been a debtor, or has received a discharge, in a case under this title. . Section 522 of title 11, United States Code, is amended— in subsection (d)(1), by striking $15,000 and inserting $100,000 ; and by adding at the end the following: Notwithstanding any other provision of applicable nonbankruptcy law, a debtor in any State may exempt from property of the estate the property described in subsection (d)(1) not to exceed the value in subsection (d)(1) if the exemption for such property permitted by applicable nonbankruptcy law is lower than that amount. . Section 1328 of title 11, United States Code, is amended by adding at the end the following: A debtor shall not be denied a discharge under this section because, as of the date of discharge, the debtor did not make 6 or fewer payments directly to the holder of a debt secured by real property. Notwithstanding subsections

(a)and (b), upon the debtor’s request, the court shall grant a discharge of all debts provided for in the plan that are dischargeable under subsection

(a)if the debtor— has made payments under a confirmed plan for at least 1 year; and is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID–19) pandemic. . Section 109(e) of title 11, United States Code, is amended— by striking $250,000 each place the term appears and inserting $850,000 ; and by striking $750,000 each place the term appears and inserting $2,600,000 . Chapter 13 of title 11, United States Code, is amended by adding at the end thereof the following: Notwithstanding subsections (b)(2) and

(d)of section 1322, if the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID–19) pandemic, a plan may provide for the curing of any default within a reasonable time, not to exceed 7 years after the time that the first payment under the original confirmed plan was due, and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the expiration of such time. Any such plan provision shall not affect the applicable commitment period under section 1325(b). For purposes of sections 1328(a) and 1328(b), any cure or maintenance payments under subsection

(a)that are made after the end of the period during which the plan provides for payments (other than payments under subsection (a)) shall not be treated as payments under the plan. Notwithstanding section 1329(c), a plan modified under section 1329 at the debtor’s request may provide for cure or maintenance payments under subsection

(a)over a period that is not longer than 7 years after the time that the first payment under the original confirmed plan was due. Notwithstanding section 362(c)(2), during the period after the debtor receives a discharge and the period during which the plan provides for the cure of any default and maintenance of payments under the plan, section 362(a) shall apply to the holder of a claim for which a default is cured and payments are maintained under subsection

(a)and to any property securing such claim. Notwithstanding section 1301(a)(2), the stay of section 1301(a) terminates upon the granting of a discharge under section 1328 with respect to all creditors other than the holder of a claim for which a default is cured and payments are maintained under subsection (a). . The table of sections of chapter 13, title 11, United States Code, is amended by adding at the end thereof the following: Sec. 1331. Special provisions related to COVID–19 Pandemic. . The amendments made by this paragraph shall apply only to any case under title 11, United States Code, commenced before 3 years after the date of enactment of this Act and pending on or commenced after such date of enactment, in which a plan under chapter 13 of title 11, United States Code, was not confirmed before March 27, 2020.

Connectionstraces to 10

Traces to 10 documents

U.S. Code