COVID-19 Foreclosure/Eviction Update

I hope this update finds you and your family members doing as well as possible during these difficult times. The purpose of this post is to inform individuals and homeowners of the legal ramifications of the Governor’s extension of the moratorium of evictions and foreclosures and how you can better protect yourself now that some foreclosures will resume in Florida.

Governor DeSantis has placed a moratorium on banks and lenders effectively prohibiting them from proceeding with foreclosure cases. This ban has been extended multiple times and is has just been extended until September1, 2020. However, this latest extension of the moratorium contains a few very important differences from previous versions.

The current executive order specifies that final actions in eviction or foreclosure proceedings are paused only when the tenant or homeowner has been “adversely affected” by the coronavirus pandemic.

Someone is "adversely affected" by the pandemic if he or she endures "loss of employment, diminished wages or business income or other monetary losses realized during the Florida State of Emergency" that impacts the ability to make rent or mortgage payments, according to the executive order. This order does not excuse renters or homeowners of their obligations to pay rent or make mortgage payments.

The language of this new executive order has opened the door to allow foreclosures that were filed prior to the covid-19 pandemic hitting to start again. We are already seeing banks and lenders moving at a fast pace to push forward on foreclosures.

If you or someone you know is currently in foreclosure or in fear of having a foreclosure proceeding initiated against you, call an experienced foreclosure defense attorney immediately. The Courts are going to move fast to try and clear this backlog and you could be subject to losing your home sooner than you thought. RTRLaw is here to assist and answer any questions you may have. Do not hesitate to give us a call.

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