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We want to make you all aware that Governor Ron DeSantis allowed the foreclosure and eviction moratorium in Florida to expire. As you will recall, the Governor issued an executive order in April 2020 that placed a moratorium on all foreclosures and evictions in Florida. This moratorium was extended several times by further executive orders, with his latest order scheduled to expire at 12:01 A.M. on October 1, 2020. By allowing this moratorium to expire, any limitations on residential and commercial foreclosures in Florida are eliminated. What this means for you is that with the exception of any Fannie Mae or Freddy Mac loans you can proceed with foreclosures, including a foreclosure sale on all residential and commercial foreclosures. As you will recall, Fannie Mae and Freddie Mac extended the moratorium on their loans through December 31, 2020. An exception to the Fannie Mae and Freddie Mae moratorium is where the property is clearly vacant or abandon.

The expiration of this moratorium by the Governor also allows residential evictions to continue. However, please keep in mind that the CDC published an Agency Order on September 4, 2020, that can place a moratorium on certain residential evictions. For the tenant to be eligible for the moratorium, and thus protected from an eviction, they must submit an affidavit to the Court setting forth various information about the impact of COVID-19.

If you have any questions or concerns about the lapsing of the moratorium and the CDC Order, or any other matters related to creditor’s rights, please do not hesitate to reach out to one of the attorneys at Sorenson Van Leuven, PLLC.