Tuesday, June 30, 2020

Florida Moratorium On Foreclosures And Evictions To Expire J̶u̶l̶y̶ August 1, 2020


UPDATE:  The information is modified in respect to Governor DeSantis extending the moratorium on evictions and foreclosures until August September 1, 2020.

In Florida, while evictions and foreclosures (sales) have been stayed through October 1, 2020, legal actions can be commenced.
Florida Gov. Ron DeSantis issued a moratorium on foreclosures and evictions through the end of May, 2020, which he extended to the end of June, 2020.  That means the moratorium is set to expire on July 1, 2020.

If you think you might be evicted or foreclosed upon, and you wish to remain in your property, it is important you seek the advise of competent legal council, and the sooner the better. Procrastination rarely, if ever, works in your favor. If you delay, you could lose rights you may otherwise have been able to use.

There may be defenses to eviction such as a violation of the Florida Landlord Tenant Act or breach of contract. There may be any host of defenses that could arise as in a foreclosure action I have previously listed in an earlier blog post. Should these not work out, a bankruptcy proceeding under Chapter 13, which is a form of reorganization, may be an alternative; however, this is usually a last case alternative for most.

Remember, from an attorney's perspective, every case is different. No 2 cases are the same. I would not recommend trying to self analyze your case unless you are well versed on the laws in these areas.
Seek out a competent attorney in your area that can give you legal advice. If you have a family attorney, this may be a good place to start. If you do not, ask friends and relatives for advise on finding a competent attorney. Remember, you are essentially looking for a good coach, meaning you may not want to pick your attorney based on price. I recommend picking your attorney based on experience and ability to handle these areas of the law.

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