Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 08/04/21

CDC ISSUES TEMPORARY ORDER HALTING EVICTIONS THROUGH OCTOBER 3, 2021, IN COUNTIES WITH HEIGHTENED LEVELS OF COVID-19 TRANSMISSIONS

August 4, 2021
Tampa, FL

On Tuesday, August 3, 2021, the U.S. Centers for Disease Control (CDC) issued a new order temporarily halting evictions in counties with heightened levels of COVID-19 transmissions. The Order extends through October 3, 2021, and was issued in response to recent developments in the trajectory of the COVID-19 pandemic, including the rise of the Delta variant. The CDC’s stated intention is, “to target specific areas of the country where cases are rapidly increasing, which likely would be exacerbated by mass eviction.” Each county’s COVID-19 transmission level and analysis may be found here.

It is unclear whether this Order will face legal challenge, in light of the Supreme Court’s June 29, 2021 ruling affirming the extension of moratoria through July 31, 2021. In the 5-4 opinion, Justice Kavanaugh concurred with affirming the previous moratorium extension, but noted that further extension would require congressional legislation.Gilbert Garcia Group will continue to monitor these issues, and will share updated information as quickly as possible. Should you have questions or concerns, please do not hesitate to contact Michelle Garcia Gilbert, Managing Partner.

Michelle Garcia Gilbert, Esq.
Managing Partner

Gilbert Garcia Group, P.A.
Sapphire Title & Escrow Company
2313 West Violet Street
Tampa, Florida 33603
Direct Office: (813) 638-8920
Mobile: (813)810-1414

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 06/28/21

FORECLOSURE & EVICTION MORATORIA EXTENDED ONE FINAL MONTH, TO EXPIRE JULY 31, 2021

June 28, 2021
Tampa, FL

On June 24, 2021, federal agencies granted one-month extensions to COVID-related moratoria on foreclosures and evictions previously set to expire at the end of this month. Moratoria set to expire June 30, 2021 are now extended to July 31, 2021.

The Federal Housing Finance Agency (FHFA) foreclosure moratorium applies to single-family mortgages backed by Fannie Mae and Freddie Mac, and properties that have been acquired by one of these government-sponsored enterprises through foreclosure or deed-in-lieu of foreclosure transactions. FHFA’s extension followed the Center for Disease Control (CDC) Order, announcing what it says will be the final one-month extension of a moratorium on residential evictions enacted last September to “further prevent the spread of COVID-19”.

Following the CDC’s decision to extend the eviction moratorium, the Biden-Harris Administration announced a series of actions to help state and local governments prevent evictions, as well as efforts to support homeowners. Three federal agencies that back mortgages – the Department of Housing and Urban Development (HUD), Department of Veterans Affairs (VA), and Department of Agriculture (USDA) – will also extend their respective foreclosure moratorium for one final month, until July 31, 2021.

Gilbert Garcia Group will continue to monitor these issues, and will share updated information as quickly as possible. Should you have questions or concerns, please do not hesitate to contact Michelle Garcia Gilbert, Managing Partner.

 

Michelle Garcia Gilbert, Esq.
Managing Partner

Gilbert Garcia Group, P.A.
Sapphire Title & Escrow Company
2313 West Violet Street
Tampa, Florida 33603
Direct Office: (813) 638-8920
Mobile: (813)810-1414

Post by – Gilbert Garcia Group, PA​ – www.gilbertgrouplaw.com

Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 05/17/21

FORECLOSURE AND FORBEARANCE MORATORIUM SET TO EXPIRE JUNE 30, 2021: WHAT NOW?

June 16, 2021
Tampa, FL

The CARES Act, signed by President Trump on March 27, placed a moratorium on foreclosures and evictions for loans owned by Fannie Mae, Freddie Mac, VA, and USDA, affecting approximately two thirds of the single family residential lending market.[1] On February 16, 2021, the White House released a statement announcing a coordinated extension and expansion of forbearance and foreclosure relief programs by the Department of Housing and Urban Development, Department of Veterans Affairs, and Department of Agriculture. Foreclosure and forbearance protections previously set to expire in March were extended through June 30, 2021.[2]

In tandem with the White House statement, the U.S. Department of Agriculture announced an extension of eviction and foreclosure moratoriums on USDA single family housing direct and guaranteed loans through June 30, 2021.[3] The U.S. Department of Housing and Urban Development issued an extension of their foreclosure and eviction moratorium through June 30, 2021, as special COVID-19 relief for homeowners with FHA-insured single family mortgages.[4] The Department of Veterans Affairs issued an updated Circular, extending the moratorium on foreclosure and eviction through June 30, 2021 for all properties secured by VA-guaranteed loans.[5]

With the moratorium set to expire, and with the caveat that it may be extended, we believe that foreclosure proceedings will resume more or less as normal in Florida; the exception being that some courts may require a COVID-19 affidavit, which states that borrowers were in forbearance, were offered a work-out and declined or were ineligible. As communicated last week, Florida Supreme Court Chief Justice Canady issued an order that requires judges to set case management conferences for pending cases and to identify pending cases as streamlined. The order provides that courts are to issue case management conference orders (it is anticipated that trial dates will be set therein) within 30-45 days of the ending of moratoria.[6]

We believe this order provides a process to handle judicial backlog from the pandemic, including foreclosure cases that are considered streamlined cases.
There may be some individual counties, courts, or investors that handle cases differently than described above, but in the cases with which we have been able to proceed since March 27, 2020, we have not experienced impediments or change to how foreclosure cases are managed, other than the above-referenced Order.

Gilbert Garcia Group will continue to monitor these issues, and will share updated information as quickly as possible. Should you have questions or concerns, please do not hesitate to contact Michelle Garcia Gilbert, Managing Partner.

[1] https://www.urban.org/urban-wire/price-tag-keeping-29-million-families-their-homes-162-billion
[2] https://www.whitehouse.gov/briefing-room/statements-releases/2021/02/16/fact-sheet-biden-administration-announces-extension-of-covid-19-forbearance-and-foreclosure-protections-for-homeowners/
[3] https://www.usda.gov/media/press-releases/2021/02/16/biden-administration-announces-another-foreclosure-moratorium-and
[4] https://fha.gov/covid-19.html
[5] https://www.benefits.va.gov/HOMELOANS/documents/circulars/26_21_05.pdf
[6] https://www.floridasupremecourt.org/content/download/746675/file/AOSC21-17.pdf


Michelle Garcia Gilbert, Esq.
Managing Partner

Gilbert Garcia Group, P.A.
Sapphire Title & Escrow Company
2313 West Violet Street
Tampa, Florida 33603
Direct Office: (813) 638-8920
Mobile: (813)810-1414

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 05/17/21

Chief Justice Canady Lifts COVID-19 Entry Restrictions to Florida Courthouses

Tampa, FL – On May 6, 2021, Chief Justice Charles Canady amended prior orders issued during the pandemic to end restrictions on entering and moving through public parts of courthouses in the state of Florida. These amended orders maintain mask wearing and social distancing requirements during in-person courtroom proceedings. (Source: The Florida Bar News, May 6, 2021).

Justice Canady’s amended orders govern health and safety precautions, emergency measures for trial courts, and emergency measures for appellate courts. These orders, in addition to all COVID-19 emergency orders and advisories, are provided on the Florida Supreme Court’s website. Chief Justice Canady also provided a video message detailing the amended orders.

Our firm will continue to keep you informed regarding any further action with COVID-19 orders and advisories.

Please contact Gilbert Garcia Group at gilbertstatus@gilbertgrouplaw.com, or Michelle Gilbert at mgilbert@gilbertgrouplaw.com for any questions.

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 10/01/20

Florida Moratorium Ends- CDC orders protection for tenants

Florida Governor Ron DeSantis announced on September 30, 2020 that he allowed the state moratorium on foreclosures and evictions, which was extended to October 1,  to expire.  DeSantis cited the federal order issued by Centers for Disease Control and Prevention that freezes some evictions.  To qualify under the CDC order, tenants must submit a declaration form to landlords which states they had a substantial loss of income and have made best efforts to seek government assistance.  This form is found at https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf.

https://www.tampabay.com/news/business/2020/09/30/desantis-will-let-floridas-eviction-and-foreclosure-moratorium-expire/

Please contact Gilbert Garcia Group at gilbertstatus@gilbertgrouplaw.com, or Michelle Gilbert at mgilbert@gilbertgrouplaw.com for any questions.

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 09/02/20

Florida Covid-19 update- extension of foreclosure and eviction final actions attributable to COVID-19

On August 31, 2020, Florida Governor Ron DeSantis extended the suspension of final actions in single-family foreclosure and residential evictions adversely affected by COVID-19 emergency until October 1, 2020.  Please recall that the governor suspended the final action only if the single-family mortgagor or residential tenant is adversely affected by the COVID-19 emergency which means loss of employment, diminished wages or business income, or other monetary loss realized during the pandemic directly impacting the ability to pay.

The link for this order is found at https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-211.pdf.

Please contact Gilbert Garcia Group at gilbertstatus@gilbertgrouplaw.com, or Michelle Gilbert at mgilbert@gilbertgrouplaw.com for any questions.

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 07/30/20

Florida Governor Ron DeSantis extended the foreclosure and eviction moratorium until September 1, 2020, with notable limitations.  The order only suspends final action on residential foreclosures and evictions which result from financial difficulties due to the COVID-19 emergency.  Adversely affected means loss of employment, diminished wages or business income, or other monetary loss directly impacting the ability of a single-family mortgagor to make mortgage payments. 

The Governor further stated:  “Nothing in this Executive Order shall be construed as relieving an individual from his or her obligation to make mortgage payments or rent payments.  All payments, including tolled payments, are due when an individual is no longer adversely affected by the COVID-19 emergency.

Our firm is reviewing pending cases to ascertain which are not in default due to COVID-19 and are proceeding forward with those cases.  Please note that judges have begun to reset sales dates under the guidance of this Order.  A link to the order is below.  Please reach out for additional information and questions. 

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-180.pdf

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 07/09/20

Florida’s Chief Justice Charles Canady issued two new administrative orders on July 2, 2020, to provide more detailed guidance on the four-phase system the state courts will use to govern pandemic operations, especially focusing on Phase 3.  The first amended order revises AOSC20-32 and establishes a certification process for moving to Phase 3 – the time when in-person contact is more broadly authorized and protective measures are relaxed.  The second amended order revises AOSC20-23 which originally suspended certain kinds of legal deadlines due to the pandemic. This amendment updates those suspensions to address the new Phase 3 guidelines.

Please see full press release here https://www.floridasupremecourt.org/content/download/639139/7265664/07-02-2020-Press-Release-Pandemic-Procedures-Amendments.pdf.

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 07/01/20

Florida Governor Ron DeSantis extended the moratorium on foreclosures and evictions to August 1, 2020, per this order.  https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-159.pdf.  The Florida Supreme Court’s order entered  on March 11, 2020, which limits court operations, remains in effect.  Florida Supreme Court Justice Charles T. Canady set up a task force to provide guidance for reopening of Florida courts.  https://www.floridasupremecourt.org/content/download/637719/7250529/AOSC20-51.pdf

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 06/23/20

Florida Supreme Court Justice Charles T. Canady announced on June 16th (see link below) the transition of the Florida court system to Phase 2, limited in-person contact for certain authorized purposes, with the use of protective measures.  On April 20, 2020, the Chief Justice established a Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 to develop findings and recommendations on the continuation of all court operations and proceedings statewide.    The Workgroup will continue to review and make recommendations about Phase 3, with more in-person contact, and finally, Phase 4, when COVID-19 no longer presents a significant risk.

AOSC20-32 Amendment 1 Public Safety Precautions for Phase 2 – 06162020 Including COVID 19 Workgroup Court Ops Subgroup Benchmarks to Transition to Limited in Person Hearings

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 06/03/20

In breaking news, Florida Governor Ron Desantis signed an order on June 1, 2020 extending foreclosure and eviction relief in Florida to July 1, 2020. As always, we will continue to handle cases in compliance with this order, and will inform you about impact on your cases.

For the order, please see the following link  https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-137.pdf.

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Gilbert Garcia Group, PA

Florida state COVID-19 update provided by Gilbert Garcia Group, PA

Posted: 06/02/20

In breaking news, Florida Governor Ron Desantis signed an order on June 1, 2020 extending foreclosure and eviction relief in Florida to July 1, 2020. As always, we will continue to handle cases in compliance with this order, and will inform you about impact on your cases.
 
Broward County, Florida (Ft. Lauderdale) Chief Judge issued an order effective June 2, 2020 that states:
 
        “All plaintiffs in residential foreclosure cases shall file a verified statement of compliance with the CARES Act in the same format as provided in Attachment A: declaring under penalty of perjury whether or not the property subject of the foreclosure proceeding has a federally backed mortgage loan that is insured by the Federal Housing Administration.”
 
No judgment can be entered or sale set or rescheduled unless this verified statement, which can be signed by the plaintiff or plaintiff’s attorney, is filed. 
 
For the order and the format click here.  
 
This form has been incorporated into our case management system and will be used immediately.

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