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.
If you have any questions about this or any other issues relating to COVID-19 and community association or real estate law in general, please do not hesitate to contact any of the listed attorneys.