Arkansas Supreme Court case on new eviction filings

Arkansas Supreme Court case on new eviction filings

Rental Property Investor · Little Rock, AR · Member since 2016 · 157 posts · 143 votes

If you file a new case in Arkansas between now and July 25, 2020 seeking an eviction, you "are required to affirmatively plead that the property that is the subject of the eviction dispute is not a covered dwelling under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act)".  IN RE RESPONSE TO THE COVID-19 PANDEMIC—EVICTION FILINGS, 2020 Ark. 166 (April 28, 2020).

Covered dwellings  are rental units in properties: (1) that participate in federal assistance programs, (2) are subject to a “federally backed mortgage loan,” or (3) are subject to a “federally backed multifamily mortgage loan.  A “federally backed mortgage loan” is a single-family (1-4 units) residential mortgage owned or securitized by Fannie Mae or Freddie Mac or insured, guaranteed, or otherwise assisted by the federal government.  If you have a 30-year-fixed on the property that has been sold into the secondary market, it is almost certainly a "covered dwelling." 

https://opinions.arcourts.gov/ark/supremecourt/en/470061/1/document.do

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  • Investor · Hot Springs Village, AR · Member since 2018 · 112 posts · 56 votes
    6y

    Does that mean that if the property were financed by private money or was owned free and clear that eviction could proceed as usual?

  • Rental Property Investor · Little Rock, AR · Member since 2016 · 157 posts · 143 votes
    6y

    Probably not yet, and it will be a County by County issue.   In Pulaski County, only one Judge will issue Writs of Possession at the moment, and I don't believe that the Sheriff's Office will execute the Writs yet.  I have not heard any indication of when the Pulaski County Judges will start issuing Writs again or when the Sheriff's Office will resume enforcing them.  Hopefully, long before the July 25 date that will still apply to federally covered dwellings.

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