Gilbert Garcia Group, PA

Florida state update provided by Gilbert Garcia Group, PA

Posted: 05/01/24

 

As you likely know, Florida Statute 701.04 was revised effective 10/1/2023 and requires payoffs to be sent within 10, not 14, calendar days. As such, we wanted to share more information on the statute, as well as our adapted approach for handling estoppels.

 

The statute requires that a corrected estoppel received by 3 p.m. in the receiver’s time zone at least one (1) business day before a payment is issued, and it supersedes all prior estoppel letters. The statute goes on to say that if a corrected estoppel is not timely received, the original estoppel must be accepted. Any unpaid amount may be collected as a personal debt.

 

The statute has an exception for active foreclosure and bankruptcy cases, but it is unclear if the exception does not require a servicer/investor to send a corrected estoppel within the one (1) business day timeframe.

 

We are aware that some borrowers’ attorneys are seeking sanctions for collecting full amounts despite the exception part of the statute. We ask that any change in estoppel payoff figures be escalated to firms as soon as possible.

 

Thank you for your continued trust in Gilbert Garcia Group. Feel free to utilize the resources linked below, and please don’t hesitate to reach out to our team should you have any questions.

 

Official Florida Legislative Update

ALFN Snapshot Article by Michelle Gilbert – “Florida Shortens Mortgage Estoppel Deadline to 10 Days, Delineates New Requirements”

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 update provided by Gilbert Garcia Group, PA

Posted: 04/01/24

 

As you likely know, Florida Statute 701.04 was revised effective 10/1/2023 and requires payoffs to be sent within 10, not 14, calendar days. As such, we wanted to share more information on the statute, as well as our adapted approach for handling estoppels.

 

The statute requires that a corrected estoppel received by 3 p.m. in the receiver’s time zone at least one (1) business day before a payment is issued, and it supersedes all prior estoppel letters. The statute goes on to say that if a corrected estoppel is not timely received, the original estoppel must be accepted. Any unpaid amount may be collected as a personal debt.

 

The statute has an exception for active foreclosure and bankruptcy cases, but it is unclear if the exception does not require a servicer/investor to send a corrected estoppel within the one (1) business day timeframe.

 

We are aware that some borrowers’ attorneys are seeking sanctions for collecting full amounts despite the exception part of the statute. We ask that any change in estoppel payoff figures be escalated to firms as soon as possible.

 

Thank you for your continued trust in Gilbert Garcia Group. Feel free to utilize the resources linked below, and please don’t hesitate to reach out to our team should you have any questions.

 

Official Florida Legislative Update

ALFN Snapshot Article by Michelle Gilbert – “Florida Shortens Mortgage Estoppel Deadline to 10 Days, Delineates New Requirements”

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 update provided by Gilbert Garcia Group, PA

Posted: 03/01/24

 

As you likely know, Florida Statute 701.04 was revised effective 10/1/2023 and requires payoffs to be sent within 10, not 14, calendar days. As such, we wanted to share more information on the statute, as well as our adapted approach for handling estoppels.

 

The statute requires that a corrected estoppel received by 3 p.m. in the receiver’s time zone at least one (1) business day before a payment is issued, and it supersedes all prior estoppel letters. The statute goes on to say that if a corrected estoppel is not timely received, the original estoppel must be accepted. Any unpaid amount may be collected as a personal debt.

 

The statute has an exception for active foreclosure and bankruptcy cases, but it is unclear if the exception does not require a servicer/investor to send a corrected estoppel within the one (1) business day timeframe.

 

We are aware that some borrowers’ attorneys are seeking sanctions for collecting full amounts despite the exception part of the statute. We ask that any change in estoppel payoff figures be escalated to firms as soon as possible.

 

Thank you for your continued trust in Gilbert Garcia Group. Feel free to utilize the resources linked below, and please don’t hesitate to reach out to our team should you have any questions.

 

Official Florida Legislative Update

ALFN Snapshot Article by Michelle Gilbert – “Florida Shortens Mortgage Estoppel Deadline to 10 Days, Delineates New Requirements”

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 update provided by Gilbert Garcia Group, PA

Posted: 02/01/24

 

As you likely know, Florida Statute 701.04 was revised effective 10/1/2023 and requires payoffs to be sent within 10, not 14, calendar days. As such, we wanted to share more information on the statute, as well as our adapted approach for handling estoppels.

 

The statute requires that a corrected estoppel received by 3 p.m. in the receiver’s time zone at least one (1) business day before a payment is issued, and it supersedes all prior estoppel letters. The statute goes on to say that if a corrected estoppel is not timely received, the original estoppel must be accepted. Any unpaid amount may be collected as a personal debt.

 

The statute has an exception for active foreclosure and bankruptcy cases, but it is unclear if the exception does not require a servicer/investor to send a corrected estoppel within the one (1) business day timeframe.

 

We are aware that some borrowers’ attorneys are seeking sanctions for collecting full amounts despite the exception part of the statute. We ask that any change in estoppel payoff figures be escalated to firms as soon as possible.

 

Thank you for your continued trust in Gilbert Garcia Group. Feel free to utilize the resources linked below, and please don’t hesitate to reach out to our team should you have any questions.

 

Official Florida Legislative Update

ALFN Snapshot Article by Michelle Gilbert – “Florida Shortens Mortgage Estoppel Deadline to 10 Days, Delineates New Requirements”

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 update provided by Gilbert Garcia Group, PA

Posted: 01/01/24

 

As you likely know, Florida Statute 701.04 was revised effective 10/1/2023 and requires payoffs to be sent within 10, not 14, calendar days. As such, we wanted to share more information on the statute, as well as our adapted approach for handling estoppels.

 

The statute requires that a corrected estoppel received by 3 p.m. in the receiver’s time zone at least one (1) business day before a payment is issued, and it supersedes all prior estoppel letters. The statute goes on to say that if a corrected estoppel is not timely received, the original estoppel must be accepted. Any unpaid amount may be collected as a personal debt.

 

The statute has an exception for active foreclosure and bankruptcy cases, but it is unclear if the exception does not require a servicer/investor to send a corrected estoppel within the one (1) business day timeframe.

 

We are aware that some borrowers’ attorneys are seeking sanctions for collecting full amounts despite the exception part of the statute. We ask that any change in estoppel payoff figures be escalated to firms as soon as possible.

 

Thank you for your continued trust in Gilbert Garcia Group. Feel free to utilize the resources linked below, and please don’t hesitate to reach out to our team should you have any questions.

 

Official Florida Legislative Update

ALFN Snapshot Article by Michelle Gilbert – “Florida Shortens Mortgage Estoppel Deadline to 10 Days, Delineates New Requirements”

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 update provided by Gilbert Garcia Group, PA

Posted: 12/01/23

 

As you likely know, Florida Statute 701.04 was revised effective 10/1/2023 and requires payoffs to be sent within 10, not 14, calendar days. As such, we wanted to share more information on the statute, as well as our adapted approach for handling estoppels.

 

The statute requires that a corrected estoppel received by 3 p.m. in the receiver’s time zone at least one (1) business day before a payment is issued, and it supersedes all prior estoppel letters. The statute goes on to say that if a corrected estoppel is not timely received, the original estoppel must be accepted. Any unpaid amount may be collected as a personal debt.

 

The statute has an exception for active foreclosure and bankruptcy cases, but it is unclear if the exception does not require a servicer/investor to send a corrected estoppel within the one (1) business day timeframe.

 

We are aware that some borrowers’ attorneys are seeking sanctions for collecting full amounts despite the exception part of the statute. We ask that any change in estoppel payoff figures be escalated to firms as soon as possible.

 

Thank you for your continued trust in Gilbert Garcia Group. Feel free to utilize the resources linked below, and please don’t hesitate to reach out to our team should you have any questions.

 

Official Florida Legislative Update

ALFN Snapshot Article by Michelle Gilbert – “Florida Shortens Mortgage Estoppel Deadline to 10 Days, Delineates New Requirements”

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 update provided by Gilbert Garcia Group, PA

Posted: 11/01/23


ALFN Angle Winter – Amy – PDF pages
25-27: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Winter.pdf
ALFN Angle Spring – Joe – PDF pages
22-26: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Spring.pdf
ALFN WILLed Winter – Michelle – PDF pages 30-34: 
https://www.alfn.org/Files/WILLed/2023_WILLed_Winter.pdf

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 update provided by Gilbert Garcia Group, PA

Posted: 10/01/23


ALFN Angle Winter – Amy – PDF pages
25-27: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Winter.pdf
ALFN Angle Spring – Joe – PDF pages
22-26: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Spring.pdf
ALFN WILLed Winter – Michelle – PDF pages 30-34: 
https://www.alfn.org/Files/WILLed/2023_WILLed_Winter.pdf

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 update provided by Gilbert Garcia Group, PA

Posted: 09/01/23


ALFN Angle Winter – Amy – PDF pages
25-27: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Winter.pdf
ALFN Angle Spring – Joe – PDF pages
22-26: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Spring.pdf
ALFN WILLed Winter – Michelle – PDF pages 30-34: 
https://www.alfn.org/Files/WILLed/2023_WILLed_Winter.pdf

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 update provided by Gilbert Garcia Group, PA

Posted: 08/01/23


ALFN Angle Winter – Amy – PDF pages
25-27: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Winter.pdf
ALFN Angle Spring – Joe – PDF pages
22-26: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Spring.pdf
ALFN WILLed Winter – Michelle – PDF pages 30-34: 
https://www.alfn.org/Files/WILLed/2023_WILLed_Winter.pdf

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 update provided by Gilbert Garcia Group, PA

Posted: 07/01/23


ALFN Angle Winter – Amy – PDF pages
25-27: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Winter.pdf
ALFN Angle Spring – Joe – PDF pages
22-26: 
https://www.alfn.org/Files/ANGLE/2023_ANGLE_Spring.pdf
ALFN WILLed Winter – Michelle – PDF pages 30-34: 
https://www.alfn.org/Files/WILLed/2023_WILLed_Winter.pdf

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 update provided by Gilbert Garcia Group, PA

Posted: 06/01/23

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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 update provided by Gilbert Garcia Group, PA

Posted: 05/01/23

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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 update provided by Gilbert Garcia Group, PA

Posted: 04/01/23

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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 update provided by Gilbert Garcia Group, PA

Posted: 03/01/23

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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 update provided by Gilbert Garcia Group, PA

Posted: 02/01/23

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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 update provided by Gilbert Garcia Group, PA

Posted: 01/01/23

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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: 12/01/22

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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: 11/01/22

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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: 10/12/22

Florida Foreclosure Sales Issues: Servicers Beware By Amy Kiser, Partner, Gilbert Garcia Group, P.A., Florida Foreclosure Counsel With home values increasing, more and more properties are selling to third party purchasers at foreclosure sales. Additionally, more borrowers are remitting payoffs or reinstating prior to the foreclosure sale. When a borrower remits a payoff or reinstatement the day before the sale, it is unlikely the sale can be cancelled. To cancel a foreclosure sale, most courts require a motion and hearing. Moreover several judges require that a motion be filed at least two weeks prior to a scheduled foreclosure sale. As such, it is recommended that requests to cancel the sales be made two weeks prior to the sale. If the sale cannot be cancelled due to a last minute payoff or reinstatement, the sale will need to be vacated. If the property has sold to a third party, litigation can arise regarding which party is liable to reimburse the third party purchaser for the non-refundable clerk registry fees. Depending on the purchase price, these fees can be significant. Therefore, payoff quotes should include language advising the borrower that additional sums may become due from the borrower if the payment is not made in time to cancel the scheduled foreclosure sale. Another issue can arise when the borrower redeems the judgment prior to sale. Sums necessary to “redeem” a judgment are generally defined as the amount of the judgment, plus interests, plus costs. Indian River Farms v. YBF Partners, 777 So.2d 1096,1098 (Fla. 4th DCA 2001); Sedra Family Ltd. Partnership & 4750, LLC, 124 So.3d 935, 936 (Fla. 4th DCA. 2012). Further, a party entitled to redeem can redeem through the mortgagee (servicer) or clerk. Indian River Farms v. YBF Partners, 777 So.2d at 1099; Verneret v. Foreclosure Advisors, LLC, 45 So.3d 889, 892 (Fla. 3d DCA 2010). Accordingly, the borrower can submit funds to redeem to the servicer and if those funds may be insufficient to payoff, the loan may be considered sufficient for redemption, or payoff, of the judgment. For example, if taxes or insurance was advanced after the foreclosure sale, the borrower can omit those amounts from the redemption funds and the court may hold the borrower still properly redeemed the judgment. As such, if taxes or insurances advances are made, and the loan is redeemed, we recommend amending the judgment or filing an affidavit of additional advances so all parties are on notice of the additional amounts due. In conclusion, when a borrower reinstates or pays off prior to the sale, the loan must be reviewed to determine if there is sufficient time to cancel the sale, and if not, whether the payment may be considered a redemption, requiring amendment of the judgment. The attorneys at Gilbert Garcia Group are always available to answer questions and to review these issues with you on a case-by-case basis.

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: 10/01/22

There have been no substantial or even minor changes to Florida law affecting default legal work in Florida since our prior update. Foreclosure and bankruptcy processes remain the same with the exception of any national changes that have occurred.

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: 08/29/22

Disclaimers of Interest in Florida Foreclosure Cases

 

By Ian Patrick Hudson, Esq.

Gilbert Garcia Group, P.A.

 

As we gear up for what is shaping up to be another influx of foreclosures, we have found a potential area of liability to be addressed. In the past, it has been common practice to offer heirs of deceased borrowers a disclaimer of interest in order to remove themselves from the foreclosure. However, the language of Chapter 739, the Florida Uniform Disclaimer of Property Interests Act, renders that practice problematic.

 

§ 739.201, “Disclaimer of interest in property,” specifically subsection (3)(a), states in pertinent part that “If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the interest was created, unless under the governing instrument or other applicable law the disclaimed interest is contingent on surviving to the time of distribution, in which case the disclaimed interest passes as if the disclaimant had died immediately before the time for distribution.” Therefore, anytime an heir disclaims interest under the statute, the heirs of the dislaimant would then need to be named, and any foreclosure complaint would have to be amended to include them.

 

Due to the additional time and expense involved in allowing that, we strongly advise that a disclaimer of interest not be offered to parties in foreclosure actions. Best practice is to serve all heirs and proceed forward with the case. As always, please check with your local counsel for legal advice. 

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: 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

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

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 [email protected] 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 [email protected] 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 [email protected] 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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