Updated 4/6/2020
Evictions
- Under the Florida Supreme Court’s latest Administrative Order of April 6, 2020 (AOSC20-23) Writs of Possession, commonly used in eviction and foreclosure matters, will not be issued through the close of business on Friday, May 29, 2020.
- Many Judicial Circuits are issuing Orders suspending eviction activity.
- Recourse for unpaid rent which recently became due is unclear; however, WHWW will stay apprised of any federal or state legislation or future administrative orders related to landlords and tenants.
Foreclosures
- Under the Florida Supreme Court’s Administrative Order of April 6, 2020 (AOSC20-23) Writs of Possession, commonly used in eviction and foreclosure matters, will not be issued through the close of business on Friday, May 29, 2020.
- A moratorium on foreclosure actions related to FHA insured loans, and loans owned by Fannie Mae and Freddie Mac is in effect through May 18, 2020.
- The Department of Veterans Affairs (VA) has suspended foreclosure activity on VA backed loans through May 18, 2020.
- The Department of Agriculture (USDA) has suspended foreclosure activity on USDA backed loans through May 19, 2020.
- Many Judicial Circuits are issuing Orders suspending foreclosure actions.
- On April 2, 2020 Governor DeSantis signed Executive Order No. 20-94, which suspends and tolls
- a. any statute providing for a mortgage foreclosure cause of action, and
- b. any statue providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants for 45 days from the date of the Order, i.e., May 18, 2020.
Between Executive Order No. 20-94, Supreme Court Order AOSC20-23, and Orders issued by many Judicial Circuits, evictions and foreclosures in Florida are effectively suspended. Future Orders may grant additional extensions. WHWW continues to monitor state and federal agencies regarding the suspension of foreclosure procedures in Florida.
rweinman@whww.com
407-423-4246
Michael C. Caborn practices law in the areas of business litigation, bankruptcy, creditors rights and collections, foreclosure litigation, real property and receiverships. Mike holds both his law degree and undergraduate degree from the University of Florida. He currently serves as a board member and general counsel for the not-for-profit company Operation American Dream, Inc, which funds scholarships for children of U.S. Military, law enforcement and fire rescue personnel who have sacrificed their lives in the line of duty.
Latest posts by Michael C. Caborn, Esquire (see all)
- Take Note Lenders – New Florida Law Related to Estoppel Letters - December 4, 2023
- Hear Anything About Changes to Florida’s Property Insurance Laws? - February 1, 2023
- Florida Foreclosures and Evictions – Related to COVID-19 Emergency Measures - April 6, 2020
Richard B. Weinman is a shareholder in the firm’s litigation department and business practice departments. He practices mainly in the areas of commercial and business litigation, and matters involving contracts, creditor’s rights, businesses and real estate. Richard also focuses on helping businesses as their outside general counsel.
Latest posts by Richard B. Weinman, Esquire (see all)