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COVID-19

Brian Korte • March 26, 2020

Are all Courts closed due to COVID-19?

At this time many Courts are closed to the public but that does not mean hearings are canceled. Many Judges are still proceeding as normal through the use of telephonic hearings.

How do I know if my local Courthouse is closed to the public?

You can visit the website for your local courthouse or see the attached link from the Florida Supreme Court who has an ongoing list of courthouse closures:
https://www.floridasupremecourt.org/Emergency

I was told the Courts stopped all foreclosures due to COVID-19?

That is not correct. Many counties have cancelled only foreclosure sales up to a certain date. You can find out if your specific county has cancelled foreclosure sales here:  https://www.floridasupremecourt.org/Emergency

If the Court canceled all foreclosure sales, does that mean my foreclosure is over?

No. The Courts continue to take new cases and many are continuing to hear foreclosure cases. The Courts cancelling foreclosure sales will not preclude the Court from proceeding to a Final Hearing and Final Judgment at this time. Further, the Courts will likely reset the foreclosure sales immediately after the restrictions are lifted.

My bank told me they won’t foreclose due to COVID-19.

Though we cannot speak to all banks, our office is unaware of a general freeze on foreclosures by the banks. Expect that the banks will continue to push forward. Additionally, read any document you receive to the contrary very carefully.

My bank said I don’t have to pay my mortgage right now because of a COVID-19 forbearance.

Be very careful with the fine print before deciding not to make a mortgage payment. You may be opening yourself up to an immediate default when the forbearance is lifted.

The Government said foreclosures were suspended.

Make sure to read the published information carefully as only certain mortgages qualify for the statements made regarding suspension of foreclosures. Further a suspension of foreclosure does not mean your debt disappears. Make sure to read carefully the statements and qualifications.

Foreclosures-and-Evictions-for-Enterprise-Backed-Mortgages.aspx

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