Gov. DeSantis’s Fake Moratorium

DeSantis’ changes to moratorium mean fewer families protected from eviction, foreclosure

By Emily L. Mahoney and Christopher O'Donnell

Published Aug. 5

Updated Aug. 5

Gov. Ron DeSantis’ decision last week to extend the state’s eviction and foreclosure moratorium until Sept. 1 appeared to be a welcome cushion for tenants who have fallen behind on their ...To continue reading, subscribe to The Tampa Bay Times.

The extension also included changes that lawyers who represent tenants say put more people at risk of losing their homes, exposing some who have been protected since April under the order’s previous version. In the least, they caution the changes could create more confusion in the courts about who is protected.

Under the new order, only renters and single-family homeowners who have been “adversely affected by the COVID-19 emergency” are protected. When that no longer applies, their unpaid bills become due, the order says, though it’s unclear if that means immediately upon a person getting re-hired.

And the order now makes it clearer that renters can be evicted for reasons other than losing their job, like overstaying their lease or causing property damage.

Previously, the executive orders suspended the state laws that allowed for evictions and mortgage foreclosures, which likely discouraged landlords and banks from filing any eviction cases. Now, it only halts the “final action” in court — a term that has no legal definition, but which housing lawyers have interpreted as meaning that new cases will be allowed to proceed up until the final judgment.

Ryan Torrens, a Tampa foreclosure defense lawyer who ran in 2018 as a Democrat for attorney general, sent out a newsletter over the weekend under the heading: “Gov. DeSantis’s Fake Moratorium.” He said he wanted to get people’s attention after seeing a rush of headlines proclaiming the freeze had been extended without mentioning its safeguards had been tapered.

“I’m like, ‘Wait a minute, that’s not a real moratorium,’” he said.

Already, he’s seen a client’s 2018 foreclosure filing, which was frozen in April, start to move again.

That person’s foreclosure wasn’t caused by the pandemic, but he worries about people whose already perilous financial situations were worsened by the shutdowns being left uncovered by the new wording. In the end, it’ll be left up to judges to decide.

“Interpreting the amended executive order is going to be left to the courts, which means there’s risk of inconsistent application of the law,” Torrens said.

Featured Posts
Recent Posts
Archive
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Ryan for Attorney General Instagram


4016 HENDERSON BLVD |SUITE D | TAMPA, FL 33618

Thank you for visiting our page! I am a consumer protection attorney who defends Florida homeowners in foreclosure and sues big banks, debt collectors, and other big corporations for ripping people off.

On June 1, 2017, I announced my candidacy for Florida Attorney General. Believing that how much justice you get should not depend on how much money you have, I ran on a platform of fighting for everyday Floridians and standing up to big corporate interests. During our 15 month campaign, I followed through on our pledge to refuse even one penny in big corporate campaign contributions. Though we fell short, we are proud of the grassroots campaign we ran and over 365,000 Floridians joined our cause and voted for our campaign. On election night, I promised to never stop fighting and I asked you to never stop fighting! So in this connection, we are going to keep this page - what used to be our campaign Facebook page - up and running. I am going to be focusing on the causes I’m most passionate about - fighting for our consumers, advocating for addiction recovery, and doing everything I can to make sure we advance a progressive, pro-people agenda here in Florida!

- Ryan Torrens

© 2018 by Ryan Torrens | Site by Witt IT Consulting