Florida Moratorium on Certain Residential Evictions and Single Family Mortgage Foreclosures Extended Until October 1, 2020

On August 31, 2020 Florida Governor, Ron DeSantis, signed Executive Order 20-211. The effect of the August 31 Executive Order is simply to extend Executive Order 20-180 until 12:01 am on Thursday, October 1, 2020, which has the practical effect of suspending and tolling the following items until such date and time:

  • Any statute providing for final action at the conclusion of a mortgage foreclosure proceeding under Florida law solely when the proceeding arises from non-payment of mortgage by a single-family mortgagor adversely affected by the COVID-19 emergency; and
  • Any statute providing for final action at the conclusion of an eviction proceeding under Florida law solely when the proceeding arises from non-payment of rent by a residential tenant adversely affected by the COVID-19 emergency.

You will notice the qualifier in each, “when the proceeding arises from non-payment of [mortgage or rent because a person has been] adversely affected by the COVID-19 emergency, which the Executive Order defines as: “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 residential tenant to make [mortgage or rent] payments.”

It is important to note that “[n]othing in Executive Order 20-180 shall be construed to:

  • suspend or otherwise affect foreclosure proceedings unrelated to non-payment of mortgage; and/or
  • suspend or otherwise affect eviction proceedings unrelated to non-payment of rent.

Finally, Executive Order 20-180 specifically states: “Nothing in this Executive Order shall be construed as relieving an individual from his or her obligation to make mortgage payments or rent payments. All payments, including tolled payments, are due when an individual is no longer adversely affected by the COVID-19 emergency.

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