Arkansas Supreme Court case on new eviction filings

[Mark Rogers]

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