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Yesterday, the office of Governor Desantis released this Memorandum. The Memorandum confirms that Executive Order 20-211 (Mortgage Foreclosure and Eviction Relief) will not be extended and has expired. The Memorandum states that Executive Order 20-211 was not extended in order to avoid confusion with the recent CDC Order, which provides relief to tenants that provide a valid Declaration to their landlord regarding their inability to pay rent due to COVID-19. The CDC Order is specific to tenants and landlords, and PLG has successfully argued in some Florida jurisdictions that it does not apply to mortgagees, note holders, and borrowers. Accordingly, with the expiration of Executive Order 20-211, there is no longer any foreclosure moratorium specific to the state of Florida. Foreclosure sales should now proceed as scheduled in all 67 counties absent an investor or client-imposed moratorium.
Contact Marissa Yaker, Esq., Managing Attorney of Foreclosure, or Steven Hurley, Esq. Supervising Attorney of Florida.
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