Gov. DeSantis extended the Florida moratorium on foreclosures and evictions again until Sept. 1, but gave some relief to lenders and landlords with obligations in default. The Executive Order 20-180 clarifies for the Courts that this moratorium does not prevent proceeding as to commercial foreclosures and commercial evictions.
He indicates that as to single-family mortgagors or residential tenants, a lender and landlord can proceed with foreclosure or eviction, but stop short of the final action – meaning proceed through the foreclosure sale or judgment of eviction, but stop at the Writ of Possession.
This moratorium is only in place for single-family mortgagors and residential tenants “adversely affected by the COVID-19 emergency”. He defines “adversely affected by the COVID-19 emergency” as diminished wages, or business income or other monetary loss realized during the Florida State of Emergency directly impacting the ability of a single-family mortgagor to make mortgage payments.
COVID-19 has adversely effected many, but there may be some single family mortgagors and tenants whose income has increased during COVID-19. For additional questions contact Sally B. Fox at sfox@esclaw.com or call 850.433-6581.
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