Article Courtesy of JD SUPRA
By Roetzel & Andress
Published
September 7, 2020
Florida Governor Ron DeSantis issued a new executive
order that extends mortgage foreclosures and eviction relief until
October 1. Executive Order 20-211 does not make any further changes, but
only extends the same language that was already in place through this
past month.
The original executive order did not prevent an association from
proceeding with the processing of a pre-lien notice or a lien for the
non-payment of assessments, nor did it include lien foreclosure causes
of action under Florida Statutes 718 and 720 for condominium and
homeowners’ associations in the list of those that could not be pursued.
In addition, Executive Order 20-180 limited the applicability of the
moratorium to only those mortgage foreclosures where a single-family
mortgagor (borrower) is unable to pay as a result of lost employment,
diminished wages or business income, or some other monetary loss
directly related to the COVID-19 emergency. It similarly limits
applicability of the moratorium to those eviction cases where a
residential tenant is unable to pay rent for the same reasons. The
Executive Order applies only to residential tenants, not to commercial
evictions.
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