On August 31, 2020, Governor Ron DeSantis issued Executive Order 20-211 extending the current limited moratorium on evictions and foreclosures in Florida until October 1, 2020. As we stated in our last e-mail update, the moratorium now only prevents a residential foreclosure from proceeding to the final action (foreclosure sale) if the foreclosure is the result of non-payment, and the non-payment is by a borrower who has been adversely affected by the COVID-19 emergency. Affected” as a loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency directly impacting the borrower’s ability to make the mortgage payments. The moratorium on evictions suspends the final action in an eviction (issuance of the Writ of Possession) if the eviction is based on the non-payment of rent.

If you have any questions or concerns regarding this Order or any other matters related to COVID-19, please do not hesitate to reach out to one of the attorneys at the Sorenson Van Leuven Law Firm.

Thursday, September 17th at 6:00 pm Eastern (5:00 pm Central).

Grab your favorite wine, beer, cocktail, mocktail or soft drink and join us.

The meeting will be held via Zoom, and we encourage you to log in using a computer, tablet, or smartphone so that we can see each other and participate in more of a “face to face” gathering. We ask that you RSVP for this event by emailing Whitney at whitneyw@svllaw.com no later than Tuesday, September 15th, at 5:00 p.m. Upon receiving your RSVP, Whitney will send you an email with the password for entering the zoom meeting and a “coupon” for your “free drink on SVL.”

You will not get the password to join the meeting unless you RSVP. If you plan to attend, remember to mark your calendar and copy the link below into your calendar for future reference. We look forward to sharing a drink with you.

Since our last roundtable meeting, COVID-19 has continued to provide unique challenges and changes related to collections, recovery, and loss mitigation. We will be addressing new issues and recent changes or updates to the law.

The meeting will be held via Zoom, and we encourage you to log in using a computer, tablet, or smartphone so that we can see each other and participate in more of a “face to face” meeting. We ask that you RSVP for this event by emailing Cathi at cathib@svllaw.com no later than Monday, August 17th, at 12:00 p.m. Upon receiving your RSVP, Cathi will send you an email with the password for entering the zoom meeting. You will not get the password to join the meeting unless you RSVP.

This meeting will be recorded and those who RSVP will get access to a copy of the recording.

If you plan to attend, remember to mark your calendar, and copy the link below into your calendar for future reference. We look forward to your participation.

On July 29, 2020, Governor Ron DeSantis issued Executive Order 20-180, which addresses the ongoing moratorium on foreclosures and evictions in Florida. In this latest order the Governor provided some clarification on the ongoing moratorium in Florida. More specifically, the moratorium now applies only to foreclosures that are a result of nonpayment by a borrower that is adversely affected by the COVID-19 emergency. If the moratorium does apply, we are prevented from proceeding to the final action in the foreclosure which is the foreclosure sale. Unless extended by a later order, this moratorium expires on September 1, 2020. The order defines “Adversely Affected” as a loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency directly impacting the borrower’s ability to make the mortgage payments.

Based on this latest order, our interpretation is that a commercial foreclosure may proceed as normal. In addition, any foreclosure pending where the default is unrelated to COVID-19 may also proceed as normal. In cases where the borrower has been adversely affected by COVID-19, we can still file the foreclosure and proceed with the foreclosure, we just cannot hold a foreclosure sale until the moratorium expires. Ultimately, the Governor’s latest order is open to interpretation by the Courts and may result in some Judges taking a different approach then the ones we have outlined.

Please keep in mind that this does not apply to Fannie Mae or Freddie Mac foreclosures, unless you have confirmed that the property is vacant or abandoned. The Fannie Mae and Freddie Mac moratorium is scheduled to expire on August 31, 2020.

This latest order also addresses evictions by suspending the final action at the conclusion of an eviction proceeding when the eviction arises from non-payment of rent by a residential tenant adversely affected by COVID-19. The same definition applies for “Adversely Affected”. For purposes of “Final Action” this is likely the issuance and service of the Writ of Possession. This moratorium is also set to expire on September 1, 2020, unless extended by further order.

If further executive orders are issued or further guidance is provided by the Courts or Executive Branch related to this order, we will reevaluate and provide further insight and guidance.

If you have any questions or concerns regarding this Order or any other matters related to COVID-19, please do not hesitate to reach out to one of the attorneys at the Sorenson Van Leuven Law Firm.

The training will be held via Zoom, and we encourage you to log in using a computer, tablet, or smartphone so that we can see each other and participate in more of a “face to face” meeting. We ask that you RSVP for this event by emailing Cathi at cathib@svllaw.com no later than Monday, July 27th, at 12:00 p.m. Upon receiving your RSVP, Cathi will send you an email with the password for entering the zoom meeting. You will not get the password
to join the meeting unless you RSVP.

This meeting will be recorded, and those who RSVP will get access to a copy of the recording.

If you plan to attend, remember to mark your calendar and copy the link below into your calendar for future reference. We look forward to your participation.