Moratorium on Mortgage Foreclosures and Residential Evictions
On April 2, 2020, Governor DeSantis executed Executive Order 20-94 suspending mortgage foreclosures and residential evictions for non-payment of rent for 45 days from the date of the Order, including any extensions. Additionally, properties with federally backed mortgages have additional restrictions for mortgage foreclosures and evictions as set forth in the CARES Act executed by the President Trump on March 27, 2020.
Effectively, all mortgage foreclosures and residential evictions are suspended until May 18, 2020. This date will be extended in the event there are additional orders executed for this purpose by the Governor.
While the Order, by its express terms, does not suspend non-mortgage foreclosures or commercial evictions or evictions for reasons other than non-payment – most courts are not proceeding at this time on these cases. With that said, before filing a foreclosure action or an eviction you should check with your counsel as each county court has additional administrative orders in place that further restrict filings. Some counties will allow the filing but will not issue the necessary summons.
The Florida Supreme Court issued an Order on April 6, 2020 which suspends the issuance of writ of possessions until after May 29, 2020. Therefore, even if you receive a final judgment in a foreclosure or eviction action you will not be able to obtain a writ of possession until after May 29, 2020.