Federal judge vacates CDC's eviction moratorium

This is when it gets real. They will appeal though

quote:

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Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not

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No fricking shite

I have a question for real estate agents.

During covid and especially in the last few months looking at homes as a possible move, on realtor.com. I saw foreclosures. Very few but enough. How was this allowed during the covid moratorium?

ETA: a friend's daughter had squatters in a home she owned; and they were evicted and the judge ruled their squatting started before covid.

So it takes so long making it's way through the courts is the answer?

I swear this eviction thing has been thrown out by the courts multiple times because CDC doesn't have the authority.

Am I taking crazy pills?

quote:

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Trump said "it's not their fault that CHYNA did this".

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Does it really matter what Trump said? Will it matter if Biden said the same thing? It shouldn't.

I'm dumbfounded that the Federal Government has any authority when it comes to setting a moratorium on eviction.

I also expect at any moment Biden will say he is sending trillions to bail out everyone from missing their mortgage/rent payments for a year?

This will piss many off as they struggled but paid their mortgage/rent, over getting a new $1000 iphone.

In Texas, there's a loan foreclosure and a tax foreclosure.

For loans, the foreclosure sale is handled on the courthouse steps, just like the tax sale, except the loan sale is handled by an appointed trustee and the tax sale is handled by the sheriff.

The loan foreclosure is separate from an eviction, in that sometimes the resident of a foreclosed property leaves the premises following the sale. Loan foreclosure sales are non-judicial in Texas (meaning you don't have to go to court. Possession is separate from a title issue, the latter of which does go to court).

All federally-backed home loans (about half of all such loans) have received a separate moratoriums through various federal agencies. I don't think those have been challenged.

At the sale, the bank usually "buys" the property because no one meets the minimum bid, and then they try to sell it later (hence, a foreclosed property for sale on the open market).

Sometimes the occupants stay after the sale (or leave stuff behind or don't contact the law firm handling the foreclosure to tell them they're leaving), so the agent of foreclosure deems it necessary to go to court and get an eviction and take legal possession of the property, which then prompts the constable to put their stuff on the curb.

That last part is what's been halted by the CDC. All of this started under the Trump administration.

Blaming this on Trump after all of that?

This is all convoluted as I thought under the emergency powers act of the President this was legal?

So will Biden step in now and say this? Or will they create trillions more in spending to pay all the people that were lazy and just didn't pay their rent or mortgage even if they had the money from UE?

IIRC: the emergency powers act on this moratorium runs out soon or in Oct anyway. It has to be dealt with. This judge's ruling seems to take the heat off of Biden for a bit. Before 2022 they don't want to cause a housing crisis; so big govt payoffs to somebody is most likely coming....

Also another convoluted section of this is: Some banks did some kind of forbearance, and allowed non payment for 6 months or a certain time.

Some made it very clear all would be due at the end. No way can all of this be paid back --in one payment equaling 6 mos due-- and they know it.

I presume this is because certain govt ran banks like Citi, BOA, got paid off bigly, most banks, mortgage companies, didn't...

Because they thought a portion of the health code under which they operate allowed them to do it.