State and Local Restrictions on Lien Sales
When the coronavirus began to spread throughout the United States, several states and localities enacted restrictions on foreclosures and evictions. Although most covered residential foreclosures and evictions that are not applicable to self storage, some states expanded those restrictions to cover commercial or non-residential evictions and foreclosures as well. Self storage lien sales are not evictions in the usual sense of that word; however, SSA urges all operators to exercise great caution if they operate in an area covered by a moratorium on commercial or non-residential evictions or foreclosures.
As of this writing in mid-October, most states and localities have lifted their restrictions on commercial and non-residential evictions. The states and localities with continued restrictions are listed below. Self storage operators are urged to consult with knowledgeable counsel before proceeding with lien sales or imposing late fees in the states and localities with continued restrictions.
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