UPDATE: Statewide Eviction/Foreclosure Prohibition

By: Tracy Turner

We have been following the eviction moratoriums put in place during the COVID-19
pandemic and last week we put a note on our web page due to the impact of the 120 day eviction
moratorium put in place under the CARES Act for any person on a government program or a
facility that was funded by a government loan such as VA, FHA, Fannie Mae or Freddie Mac.
Until Friday, there were no official eviction moratoriums in place in the State of Alabama.
Certain Alabama Sheriffs were refusing to execute writs of possession, but otherwise there was
no state-wide prohibition. That all came to an end Friday afternoon when Governor Ivey issued
a Proclamation granting protection against evictions for the entire State of Alabama.
Unlike the Federal moratoriums put in place, Governor Ivey’s Order (copy attached) does
not prevent the filing of evictions or foreclosures, nor does it prevent the application for a writ of
possession. What the Order does is prohibit State, County and Local Law Enforcement Officers
from serving the writ of possession to displace any person from their residence for the duration
of the public health emergency. As such, it is open-ended with no specific end date.
Considering the Governor’s Proclamation, for those people who are not prohibited by
President Trump’s March 18, 2020 Order, or the CARES Act 120 day eviction moratorium
beginning on March 27, 2020, you may still file for and receive an eviction Order and ask for a
writ of possession, but it will not be issued and the tenant will not be set out, if they don’t
voluntarily leave, until the Governor lifts her Proclamation, whenever that may be.

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