Foreclosures filed with the Public Trustee on or after August 1, 2009, may be eligible for a 90-day deferment. The holder or the attorney for the holder will make an initial determination of eligibility for the program. If this determination is made, the holder or the attorney for the holder will notify the Public Trustee and will post a notice on the property. The property owner then has 20 days to contact a HUD-approved housing counselor. This information will be on the posted notice. The HUD-approved housing counselor will determine if the property qualifies for the program, and will notify the Public Trustee if it does. If notified, the Public Trustee will place the foreclosure into deferment for up to 90 days. The borrower must meet certain requirements during this period, or the deferment will terminate early. After the 90 day period expires, or upon notification of early termination by the housing counselor, the Public Trustee will resume the foreclosure process.
The Public Trustee has no role in determining eligibility for deferment, qualification for deferment, or the early termination of a deferment.