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Florida Mortgage Foreclosure Cases Starting Up Again Despite Covid-19 Spikes

As you may know, Florida Governor Ron DeSantis has just signed Executive Order 20-180. This Executive Order amends the previously entered Executive Order 20-94 and extends Florida’s moratorium on Foreclosures and Evictions through September 1, 2020, for “Single-Family mortgagors and residential tenants adversely affected by the COVID-19 emergency.”

As a Florida homeowner it is extremely important to note that Executive Order 20-180 amends the language of Section 1 of Executive Order 20-94 as followed:

A. I hereby suspend and toll any statute providing for final action at the conclusion of a mortgage foreclosure proceeding under Florida law solely when the proceeding arises from nonpayment of mortgage by a single-family mortgagor adversely affected by the COVID-19 emergency.

B. For purposes of this section, adversely affected by the COVID-1 9 emergency means loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency directly impacting the ability of a single-family mortgagor to make mortgage payments.

C. Nothing in this Executive Order shall be construed to suspend or otherwise affect foreclosure proceedings unrelated to non-payment of mortgage.

What Section 1 (A) of the amended language means for Florida Homeowners that have defaulted on or become delinquent on their mortgage prior to April 2, 2020, (the date Executive Order 20-94 was initially entered), is that they can expect their bank/lender to begin initiating a Florida Foreclosure Action against them. If there was already a Florida Foreclosure action initiated against them, the Foreclosure Action will pick back up where it left off at an even faster rate.

Moreover, what Section 1 (A) of the amended language means for Florida Homeowners affected by COVID-19, as defined in Section 1 (B) of the amended language, who have defaulted on or become delinquent on their mortgage after April 2, 2020, is that their bank/lender can now begin initiating Florida Foreclosure Actions against them. However, although a Florida Foreclosure Action can now be initiated against a Florida Homeowner affected by COVID-19, Executive Order 20-180 prevents “suspends and tolls any statute providing for final action at the conclusion of a mortgage foreclosure proceeding.” Meaning that a Florida Foreclosure Auction of the homeowner’s property cannot take place until after September 1, 2020.

These are unprecedented and stressful times for all Florida Homeowners, and adding the threat of losing one’s home due to circumstances outside of their control can be disheartening and worrisome. If you are a Florida Homeowner that is behind on their mortgage payments, please give me a call and I will personally give you a free consultation.

At the Haynes Law Group, we have experienced Attorneys that have handled thousands of pre-foreclosure and existing foreclosure matters all over the state of Florida. Not only will we fight for your home in Court to slow down and preserve your rights in the Foreclosure process, but we will ultimately work with you to save your home!

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