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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