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Update on Foreclosure Moratorium

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.

Virtual Happy Hour Hosted by SVL Law Firm

COVID-19 has brought challenges for our clients and the way we serve our clients. Sorenson Van Leuven has remained committed to hosting virtual events from Roundtable Meetings, Educational Events, and Interviews to keep our clients informed and to remain connected to the Credit Union industry we serve.
As we continue to adapt, we thought it would be fun to host a Virtual Happy Hour. Join Jim, Tyler and members of the SVL team for an informal gathering on

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.”

Space is limited to the first twenty people to RSVP. If interest is high, we will plan to host another Happy Hour in the coming weeks.

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.

Join Zoom Meeting

https://svllaw.zoom.us/j/8506335847

Meeting ID: 850 633 5847

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Meeting ID: 850 633 5847

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Virtual Training Event: Collections, Loss Mitigation, and COVID-19

Sorenson Van Leuven is hosting its sixth virtual roundtable meeting on Collections, Loss Mitigation, and COVID-19. The event is set for Tuesday, August 18th, at 3:30 p.m. EST (2:30 p.m. CST). We have allotted 60 minutes for this meeting. This meeting will include a presentation of helpful and timely information and a time for questions and answers. There is no cost to attend, but you must RSVP as indicated below.

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.

Join Zoom Meeting

https://svllaw.zoom.us/j/8506335847

Meeting ID: 850 633 5847

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Meeting ID: 850 633 5847

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Foreclosure Moratorium Update

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.

Virtual Training Event: Foreclosure and Loss Mitigation in COVID-19 World

Our fourth virtual training event in July is scheduled for Tuesday, July 28th at 2:00 p.m. EST (1:00 p.m. CST). This event will provide a presentation related to foreclosure and loss mitigation, including information related to COVID-19 impacts. We have allotted 75 minutes for this event. This training will include a time for questions and answers. There is no cost to attend but you must RSVP as indicated below.

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.

Join Zoom Meeting

https://svllaw.zoom.us/j/96277849676

Meeting ID: 962 7784 9676

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+1 253 215 8782 US (Tacoma)

Meeting ID: 962 7784 9676

Find your local number:
https://svllaw.zoom.us/u/aeH83PeQrt

Virtual Training Event: Repossession and Replevins in COVID-19 World

Our third virtual training event in July is scheduled for Thursday, July 23rd at 3:00 p.m. (2:00 p.m. CST). This event will provide training related to repossessions and replevins, including information related to COVID-19 impacts. We have allotted 75 minutes for this event. This training will include a time for questions and answers. There is no cost to attend, but you must RSVP as indicated below.

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 Tuesday, July 21st, at 5:00 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.

Join Zoom Meeting

https://svllaw.zoom.us/j/96102676714

Meeting ID: 961 0267 6714

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+13017158592,,96102676714# US (Germantown)

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+1 312 626 6799 US (Chicago)
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+1 346 248 7799 US (Houston)

Meeting ID: 961 0267 6714

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Florida Governor Extends Foreclosure Moratorium

Yesterday evening, June 30, 2020, Florida Governor Ron DeSantis issued an executive order extending his moratorium on mortgage foreclosures. The moratorium was scheduled to expire on July 1, 2020 but based on the Governor’s most recent executive order it is now extended to August 1, 2020. It remains to be seen whether he will continue to extend the moratorium beyond August 1, 2020.

As has been the case with prior executive orders, we must suspend and place on hold all mortgage foreclosures currently pending in Florida until August 1, 2020. This means we may not file any new cases, proceed with any hearings or foreclosure sales that may be scheduled before August 1, 2020, seek any defaults, complete service of process or move for entry of a final judgment of foreclosure. If further executive orders are issued or further guidance is provided by the Courts or Executive Branch related to this most recent order, we will reevaluate and provide further insight and guidance.

In addition to the moratorium imposed by the Governor, Fannie Mae and Freddie Mac have issued a moratorium on their foreclosures until August 31, 2020. There is an exception to this moratorium in that foreclosures on any property deemed abandon or vacated can proceed once the Governor’s moratorium ends.

We are continuing to monitor all COVID related developments as it pertains to foreclosure and Creditor’s Rights, so if you have any questions or concerns, please do not hesitate to reach out to myself or one of the other attorneys at Sorenson Van Leuven.

Virtual Training Event: Regulatory Update for Collections and Delinquent Loan Servicing

Our second virtual training event in July is scheduled for Wednesday, July 15th, at 2:00 p.m. (1:00 p.m. Central Time). This training will provide a regulatory update for collections and delinquent loan servicing. We will look at recent regulatory actions or guidance of NCUA and CFPB. We will also provide an update on TCPA and FCRA. We have allotted 75 minutes for this event. This training will include a presentation of helpful and timely information and a time for questions and answers. There is no cost to attend but you must RSVP as indicated below.

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 13th, at 5:00 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.

Join Zoom Meeting

https://svllaw.zoom.us/j/8506335847

Meeting ID: 850 633 5847

One tap mobile
+19294362866,,8506335847# US (New York)
+13017158592,,8506335847# US (Germantown)

Dial by your location:
+1 929 436 2866 US (New York)
+1 301 715 8592 US (Germantown)
+1 312 626 6799 US (Chicago)
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)

Meeting ID: 850 633 5847

Find your local number:
https://svllaw.zoom.us/u/ab9qj6fdLx