California Judicial Council Postpones Decision on Resuming Foreclosures and Evictions

The Judicial Council of California delayed voting on whether to restart court actions related to foreclosures and evictions during the coronavirus outbreak.

In early April, the Judicial Council of California, which is the policy-making arm of the state’s court system, approved temporary emergency rules putting judicial foreclosure actions and evictions on hold during the coronavirus (COVID-19) crisis. (While the majority of California foreclosures are nonjudicial, lenders sometimes opt to file lawsuits to foreclose with the courts. An eviction action after a nonjudicial foreclosure also has to go through the court system.) On June 10, 2020, the Judicial Council was scheduled to vote on a proposal that would have allowed judicial foreclosure and eviction proceedings to resume in August. But the Council instead has delayed making a decision.

The Council postponed its vote on whether foreclosure and eviction court proceedings should continue after Chief Justice Tani Cantil-Sakauye spoke with California Governor Gavin Newsom, legislators, and other judicial leaders. The purpose of the delay is to give both the executive and legislative branches more time to evaluate various policy proposals on how and when to proceed with foreclosures and evictions in the state. Housing policy decisions are typically left to the state legislature, which was unable to hold sessions during the start of shelter-in-place restrictions.

So, for the time being, court actions related to foreclosures and evictions remain suspended in California.

Effective date: June 10, 2020