At the beginning of the Covid-19 Pandemic in March, Governor Ron DeSantis issued a ban on new residential foreclosure filings which also served to freeze pending foreclosure actions. This gave struggling Florida homeowners much-needed relief.
On October 1st, Gov. DeSantis allowed the foreclosure ban to expire. What does this mean for South Florida homeowners?
Banks are now allowed to file new foreclosure actions on residential properties and judges are allowed to let ongoing cases proceed. Florida is a judicial foreclosure state—meaning that lenders must file a lawsuit against a homeowner and prove the elements of a foreclosure action in order to prove its right to foreclose. A lender must prove that:
A valid mortgage exists;
That the lender has power under the terms of the mortgage to actually enforce the terms of the mortgage;
That the homeowner breached the terms of the mortgage; and
The amount of damages owed.
Gov. DeSantis’ new order only allows a stay on foreclosure actions where the homeowner affirmatively proves that the breach of the terms of the mortgage were a result of hardship caused by the pandemic.
Homeowners looking to fight newly-filed foreclosure cases must act fast to respond to the Bank’s foreclosure complaint timely so as to present these arguments to the court. An experienced South Florida foreclosure attorney can assist you in preserving your rights and keep you in your home longer.
The Law Office of Lisa Weber offers affordable payment plans for residential foreclosure defense. Book a consultation by calling 561-235-2495.