Law Offices of Jonathan I. Jacobson PLLC
General law firm practice. Serving all of Florida. Free consultation.
My Firm helps both Florida Landlords and Tenants. Call me if you have any questions. I offer free consultations to get you headed in the right direction! Thank you.
https://www.reuters.com/world/us/us-supreme-court-ends-federal-residential-eviction-moratorium-2021-08-27/
U.S. Supreme Court ends CDC's pandemic residential eviction moratorium The U.S. Supreme Court on Thursday ended the pandemic-related federal moratorium on residential evictions imposed by President Joe Biden's administration in a challenge to the policy brought by a coalition of landlords and real estate trade groups.
Good afternoon:
As a reminder the CDC Eviction Moratorium is set to expire on July 31, 2021. If Landlords or Tenants in Florida have legal questions, please contact my office.
Below is a CDC link for assistance.
https://www.consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/renter-protections/find-help-with-rent-and-utilities/?utm_source=vanity&utm_medium=outreach&utm_campaign=renthelp
Find rental assistance programs for your location | Consumer Financial Protection Bureau Federal rental assistance is being distributed in communities to help landlords and renters who are struggling to keep up with rent and other bills.
https://apnews.com/article/eviction-ban-extended-biden-coronavirus-9e7c4dc97c49cbb42a1ecb55b06e3b4c
The Biden administration on Thursday extended the nationwide ban on evictions for a month to help millions of tenants unable to make rent payments during the coronavirus pandemic, but said this is the last time it plans to do so.
Dr. Rochelle Walensky, director of the Centers for Disease Control and Prevention, extended the evictions moratorium from June 30 until July 31. The CDC said “this is intended to be the final extension of the moratorium.”
CDC extends eviction moratorium a month, says it's last time WASHINGTON (AP) — The Biden administration on Thursday extended the nationwide ban on evictions for a month to help millions of tenants unable to make rent payments during the coronavirus pandemic, but said this is the last time it plans to do so.
The Consumer Financial Protection Bureau (CFPB) today issued an interim final rule in support of the Centers for Disease Control and Prevention (CDC)’s eviction moratorium. The CFPB’s rule requires debt collectors to provide written notice to tenants of their rights under the eviction moratorium and prohibits debt collectors from misrepresenting tenants’ eligibility for protection from eviction under the moratorium.
CFPB Rule Clarifies Tenants Can Hold Debt Collectors Accountable for Illegal Evictions | Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB) today issued an interim final rule in support of the Centers for Disease Control and Prevention (CDC)’s eviction moratorium.
Just announced - Eviction Moratorium Extended to end of June!
With many Americans behind on their rent during the pandemic, the Centers for Disease Control and Prevention is extending an order aimed at preventing evictions through June.
https://www.cdc.gov/media/releases/2021/s0329-Eviction-Moratorium.html
https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html
CDC Likely To Extend Eviction Moratorium With Millions Of People Behind On Rent The Center for Disease Control and Prevention is moving to extend an order aimed at preventing evictions during the pandemic. Housing groups say the order could prevent up to 1 million evictions.
The Biden administration announced Tuesday that it would extend the foreclosure moratorium and mortgage forbearance through the end of June.
The actions would block home foreclosures and offer delayed mortgage payments until July, as well as offer six months of additional mortgage forbearance for those who enroll on or before June 30.
The eviction moratorium remains in effect through March but was not included in the actions announced Tuesday.
FHFA Extends Foreclosure and REO Eviction Moratoriums and COVID Forbearance Period
The Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac (the Enterprises) are extending the moratoriums on single-family foreclosures and real estate owned (REO) evictions until March 31, 2021.
FHFA also announced that borrowers with a mortgage backed by Fannie Mae or Freddie Mac may be eligible for an additional forbearance extension of up to three months. Eligibility for the extension is limited to borrowers who are on a COVID-19 forbearance plan as of February 28, 2021, and other limits may apply. Further, COVID-19 Payment Deferral for borrowers with an Enterprise-backed mortgage can now cover up to 15 months of missed payments. COVID-19 Payment Deferral allows those borrowers to repay their missed payments at the time the home is sold, refinanced, or at mortgage maturity.
If you have any questions regarding your loan or need assistance with loss mitigation options (modification, forbearance, short sale, deed in lieu, etc.), please contact my office.
Happy New Year!
https://www.housingwire.com/articles/fha-extends-foreclosure-and-forbearance-policies-to-2021/
FHA extends foreclosure and forbearance policies to 2021 - HousingWire HUD announced that the FHA is providing a two-month extension of its foreclosure and eviction moratorium and request for forbearance through Feb. 28, 2021.
Breaking News
The House and Senate passed the Consolidated Appropriations Act, 2021 (the "Act") and now it is heading to the President for signature.
Section 532 of the Act extends the eviction moratorium as provided by the Centers for Disease Control and Prevention ("CDC"). The CDC extended the moratorium on evictions for non payment of rent due to COVID-19 hardships until 12/31/20. However, the newly passed act extends the CDC moratorium until 1/31/21.
Section 532 states as follows:
SEC. 502. EXTENSION OF EVICTION MORATORIUM.
The order issued by the Centers for Disease Control
and Prevention under section 361 of the Public Health
Service Act (42 U.S.C. 264), entitled ‘‘Temporary Halt
in Residential Evictions To Prevent the Further Spread
of COVID–19’’ (85 Fed. Reg. 55292 (September 4, 2020)
is extended through January 31, 2021, notwithstanding
the effective dates specified in such Order.
Please be aware that you can still be evicted for other reasons under your lease and you may have to prove to the Court that you have faced a hardship due to COVID-19. Further, upon expiration of the moratorium, you will be responsible for all unpaid rent, attorney's fees and costs.
The CDC issued guidance and a declaration form to be filled out to provide to your landlord or to the Courts in response to an eviction complaint.
If you need further assistance, my firm provides a free consultation to discuss you needs, whether you are a landlord or a tenant.
Thank you and Happy Holidays to all.
My firm handles many cases involving sellers and buyers in regards to "AS IS" Residential Contract for Sale and Purchase of residential properties. I am seeing disputes from both sides.
Most of the disputes arise when the buyer has failed to close by the date agreed upon in the contract or in addendums extending the closing date. Sellers and buyers should be more understanding and patient with one another during this difficult COVID-19 era.
Make sure that your brokers are incorporating enough time to close in the contract so the transaction goes smoothly. For example, having a COVID-19 clause, which allows both sides more time due to unexpected delays caused because of the obstacles the COVID-19 era. Both sides put in time, effort and money to either sell or buy a house.
Happy Holidays to all!
If you have any questions or need help with your loss mitigation matters with your loan servicer (for example: help with your loan modification), please contact me for a fee consultation.
If you have any legal questions regarding residential or commercial evictions and other landlord/tenant disputes, please contact my office for a free consultation. Thank you.
As a reminder, many foreclosure/forebeance holds are being lifted. If you need help with foreclosure defense or help with loss mitigation (such as modifications), please contact my office for a free consultation. Thank you!
If you have any questions regarding Landlord/Tenant issues, including eviction and security deposit questions, please reach out to me for a free consultation.
Breaking News:
Governor DeSantis decided to let the moratorium expire on foreclosures and evictions. You may still fall under the CDC moratorium but the qualification criteria is much narrower. The CDC moratorium only applies to evictions and does not cover foreclosures.
If you are facing foreclosure or an eviction and need legal assistance, please contact my office. My initial consultation is always free!!!
https://www.google.com/amp/s/www.tampabay.com/news/business/2020/09/30/desantis-will-let-floridas-eviction-and-foreclosure-moratorium-expire/%3foutputType=amp
DeSantis will let Florida’s eviction and foreclosure moratorium expire This means some single-family homeowners may be left without protections against foreclosure proceedings.
Gov. Ron DeSantis issued a new executive order that extends mortgage foreclosure and eviction relief for another month.
Executive Order 20-211 extends the relief stated in Executive Order 20-180 until 12:01 a.m. on October 1.
Changes made to Executive Order 20-180 that remain in effect are:
A property owner may initiate a mortgage foreclosure or eviction process in any situation allowed under existing Florida statutes. The Executive Order only halts the final action of certain foreclosures and evictions.
The protections of halting final action for certain foreclosures and evictions are only for persons affected by the COVID-19 emergency.
The Executive Order does not cover tenants whose lease expires or when non-payment occurs due to reasons other than the COVID-19 emergency.
The Executive Order applies only to residential tenants, not to commercial evictions.
Law Offices of Jonathan I. Jacobson LLC · 20% off Legal Services - Foreclosure Defense and Landlord/Tenant Disputes — Nextdoor Find Local Deals on Nextdoor, the neighborhood hub.
Good afternoon Florida Renters:
For those renting out there, you must understand that you may not be protected by the current eviction moratorium instituted by Governor DeSantis. If your landlord attempts to evict you and you cannot prove that your non-payment of rent is due to COVID-19, then the eviction can proceed.
If you have questions regarding your rights or need my assistance in fighting an eviction, please reach out to me.
Thank you!
Attention Florida Homeowners and Renters:
Governor DeSantis has just extended the stay on mortgage foreclosures and evictions to September 1, 2020.
If you or someone you know is currently facing foreclosure or eviction and needs legal assistance, please contact me so I can help. I will answer all your questions and we can come up with a strategy that best suits your needs. Thank you.
Attention Florida Homeowners and Renters:
As a reminder the stay on mortgage foreclosures and evictions ends on August 1, 2020. I will let you know if the stay is extended by Governor DeSantis next week.
If you or someone you know is currently facing foreclosure or eviction and needs legal assistance, please contact me so I can help. I will answer all your questions and we can come up with a strategy that best suits your needs. Thank you.
Law Offices of Jonathan I. Jacobson LLC · 35% off Legal Services — Nextdoor Find Local Deals on Nextdoor, the neighborhood hub.
Attention Florida Homeowners and Renters:
Governor DeSantis has just extended the stay on mortgage foreclosures and evictions to August 1, 2020.
If you or someone you know is currently facing foreclosure or eviction and needs legal assistance, please contact me so I can help. I will answer all your questions and we can come up with a strategy that best suits your needs. Thank you.
Attention Florida Homeowners and Renters:
As a reminder the stay on mortgage foreclosures and evictions ends on July 1, 2020. I will let you know if the stay is extended by Governor DeSantis next week.
If you or someone you know is currently facing foreclosure or eviction and needs legal assistance, please contact me so I can help. I will answer all your questions and we can come up with a strategy that best suits your needs. Thank you.
FHA (Federal Housing Administration) Loan and the Mandatory Face to Face Meeting
An FHA loan is a mortgage issued by an FHA-approved lender and insured by the Federal Housing Administration (FHA).
The Code of Federal Regulations (CFR) contains a very important section, 24 CFR § 203.604 - Contact with the mortgagor. This section outlines what a loan servicer must due prior to filing a foreclosure against a borrower with an FHA loan.
§ 203.604 Contact with the mortgagor.
Relevant Sections
(b) The mortgagee must have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting, before three full monthly installments due on the mortgage are unpaid. If default occurs in a repayment plan arranged other than during a personal interview, the mortgagee must have a face-to-face meeting with the mortgagor, or make a reasonable attempt to arrange such a meeting within 30 days after such default and at least 30 days before foreclosure is commenced.
(c) A face-to-face meeting is not required if:
(1) The mortgagor does not reside in the mortgaged property,
(2) The mortgaged property is not within 200 miles of the mortgagee, its servicer, or a branch office of either,
(3) The mortgagor has clearly indicated that he will not cooperate in the interview,
(4) A repayment plan consistent with the mortgagor's circumstances is entered into to bring the mortgagor's account current thus making a meeting unnecessary, and payments thereunder are current, or
(5) A reasonable effort to arrange a meeting is unsuccessful.
(d) A reasonable effort to arrange a face-to-face meeting with the mortgagor shall consist at a minimum of one letter sent to the mortgagor certified by the Postal Service as having been dispatched. Such a reasonable effort to arrange a face-to-face meeting shall also include at least one trip to see the mortgagor at the mortgaged property, unless the mortgaged property is more than 200 miles from the mortgagee, its servicer, or a branch office of either, or it is known that the mortgagor is not residing in the mortgaged property.
(2) The mortgagee must also:
(i) Inform the mortgagor that HUD will make information regarding the status and payment history of the mortgagor's loan available to local credit bureaus and prospective creditors;
(ii) Inform the mortgagor of other available assistance, if any;
(iii) Inform the mortgagor of the names and addresses of HUD officials to whom further communications may be addressed.
If you have an FHA loan and are currently being sued in foreclosure, you may have this valuable condition precedent defense to foreclosure. Your case may be dismissed for a lender or servicer's failure to comply with this CFR.
Please contact me if you have any questions or need assistance with you legal matter. Thank you.
Attention Florida Homeowners and Renters:
Late last night Governor DeSantis extended the stay on mortgage foreclosures and evictions until July 1, 2020.
If you or someone you know is currently facing foreclosure or eviction and needs legal assistance, please contact me so I can help. I will answer all your questions and we can come up with a strategy that best suits your needs. Thank you.
Attention Florida Homeowners and Renters:
As a reminder, tomorrow is the final day for the moratorium on mortgage foreclosures and evictions ordered by Governor DeSantis. I will continue to monitor to see if the the moratorium is extended once more.
If you or someone you know is currently facing foreclosure or eviction and needs legal assistance, please contact me so I can help. I will answer all your questions and we can come up with a strategy that best suits your needs. Thank you.
I will never forget the men and women who paid the ultimate price for our freedom! Thank you and RIP!
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