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News & Knowledge

Governor DeSantis Extends Florida's Moratorium on Evictions and Foreclosures to October 1

September 02, 2020

By: Michael Provenzale, Nicole Cuccaro and Emmett Egger

On Monday, September 1, 2020, Florida Governor Ron DeSantis extended (for a fifth time) a previous executive order that suspended and tolled the Florida statutes that provide for final action at the conclusion of a residential eviction and a foreclosure proceeding with respect to a single-family mortgage to October 1, 2020. The executive order, as previously extended, was set to expire yesterday, September 1, 2020.

In sum, landlords can commence residential eviction proceedings due to the non-payment of rent but cannot seek a final judgment if the tenant has been adversely affected by COVID-19. In addition, lenders can commence mortgage foreclosure proceedings against all mortgagors (subject to any applicable federal restrictions) and may proceed toward a final judgment unless the collateral is a single-family residence and the borrower has been adversely affected by COVID-19.

For a more in-depth analysis of Governor DeSantis’ previous executive order suspending and tolling residential evictions and the CARES Act’s moratorium on foreclosures, please click here

Please contact an attorney with any questions on whether and how a landlord can evict a tenant or foreclose on a mortgage.


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Michael

Mike Provenzale is a shareholder in the Creditors’ Rights Group, representing institutional and private lenders in commercial loan foreclosure and other collection lawsuits, receiverships, workouts, bankruptcies, and REO dispositions throughout the state. His litigation practice also includes business, real estate, and condominium litigation.

Additionally, Mike has experience in the area of Real Estate Transactions, Development and Finance, where he has represented a myriad of private and public clients in connection with the leasing, financing, acquisition, and disposition of commercial real estate, and has published several articles on current creditors’ rights and real estate issues.

Nicole

Nicole Cuccaro focuses her practice on real estate transactions, real estate development and commercial leasing.


Nicole's practice includes the acquisition, disposition, leasing and financing of commercial real estate in the retail and hospitality industries. Before she began her career in real estate law, her practice was focused on commercial and corporate litigation where she regularly represented lenders and business entities.

Emmett

Emmett Egger focuses his practice on assisting clients with acquiring, developing, financing and leasing commercial real estate assets, including multifamily, office buildings, condominiums, shopping centers, hospitality and leisure assets, and senior living facilities. He has experience with a wide range of complex commercial real estate transactions, including real estate portfolio deals and sale-leaseback transactions. He has also represented property owners and management companies in commercial landlord-tenant disputes.

A tennis player from a very young age, Emmett served as captain of the men’s tennis team at the University of Washington and qualified to play in all four junior majors (Australian, French, Wimbledon, and U.S. Open). Utilizing the discipline, focus and determination that he cultivated as a competitive athlete, he provides timely and high-quality legal solutions for clients faced with a variety of complex real estate acquisition, development, finance and commercial leasing issues.

Emmett serves as chair of the Orange County Bar Association’s Real Property Committee. He is also a member of the Orange County Teen Court Advisory Board and the Victim Service Center of Central Florida Young Professional Board.

Still an avid tennis player, Emmett also enjoys sports, hiking, fishing and the great outdoors.

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