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foreclosure moratorium florida

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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