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.
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