Over the past several months, this series has devoted a good deal of ink (actually electrons) to the Florida and Federal eviction and foreclosure moratoria. 1 (Do note the proper pluralization…) During the course of the COVID-19 pandemic, residential and commercial (mostly residential) tenants and mortgage borrowers have been afforded protection against the enforcement of cases and orders which would dispossess them from the real property they occupied. Given the duration of the pandemic, those temporary protections were extended multiple times.
But not forever.
As reported in the October 1st e-mail edition of the Florida Bar Daily News Summary:
Florida Gov. Ron DeSantis allowed the statewide moratorium on evictions and foreclosures to expire at 12:01 a.m. Thursday [Oct. 1]. The state said in a news release Wednesday [Sept. 30] that DeSantis did not extend Florida’s moratorium “to avoid any confusion over whether the CDC’s evictions order should apply in a particular circumstance.” The Centers for Disease Control and Prevention (CDC) enacted an order in September that provides eviction relief for renters who prove that they have not been able to pay because of COVID-19. The CDC’s evictions order expires Dec. 31.2
For information about the CDC’s moratorium extension visit here. For lovers of details, here is the CDC’s order on the matter. And for more details about the FHFA and FHA’s coordinated extensions for covered loans visit here.
Then what will happen after December 31? As with many issues where politics and the law overlap, the question remains open. These extensions do not benefit residential landlords and mortgage lenders. As a consequence, lawsuits challenging the moratoria have started. 3
While the matter appears to be resolved in Florida – subject to the interceding Federal actions – it is possible more ‘action’ will ensue. (Meaning it is resolved in Florida ‘for the time-being’.) And this series will be ‘watching’… So keep checking back, because we will keep checking back.
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1 See https://www.boginmunns.com/blog/lights-camera-real-estate, https://www.boginmunns.com/blog/you-are-late-with-your-apartment-rent, https://www.boginmunns.com/blog/florida-businesses-residents-three-important-foreclosure-eviction-updates/, https://www.boginmunns.com/community/three-things-to-know-now/.
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– For more information, call Philip N. Kabler of the Gainesville, FL office of Bogin, Munns & Munns at 352.332.7688, where he practices in the areas of business, banking, real estate, and equine law. He has taught business and real estate law courses at the University of Florida Warrington College of Business Administration and Levin College of Law and is the President-Elect of the Eighth Judicial Circuit Bar Association.
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