Sheryl Ann Edwards’s Answers

Sheryl Ann Edwards

Sarasota Real Estate Attorney.

Contributor Level 12
  1. Pecking Order? Curious to know how foreclosure hearings are scheduled? Is it by representation? If some defendants have

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Shawn Michael Yesner
    2 lawyer answers

    With the large number of foreclosure cases currently pending in Florida, many of the circuits have hired retired judges to hear foreclosure cases freeing up the other civil judges to hear other types of cases. If you have hired an attorney to defend you, or if you have otherwise filed some type of pleading in the case, your case is scheduled for the foreclosure "Contested Case Docket." If you have not hired an attorney and have not otherwise filed some type of pleading in your case, your case...

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  2. Bought house at foreclosure. Boat in side yard and automobile in carport. What can I do to claim these? Do I have them towed?

    Answered almost 2 years ago.

    1. Sheryl Ann Edwards
    2. Robert Jason De Groot
    2 lawyer answers

    You may have them towed under the provisions of Section 715.07, Florida Statutes.

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  3. URGENT: Buyer walked on our house saying it was due to inspection BEFORE they got report. What are our rights and options?

    Answered almost 2 years ago.

    1. Marshall C Deason Jr.
    2. Sheryl Ann Edwards
    3. Brian Christian Chase
    4. Pamela Koslyn
    4 lawyer answers

    If it was an "as-is" contract, the Buyer can cancel for any reason. It is likely that the Buyer obtained a verbal report from the inspector as to some defects that they did not want to deal with and cancelled the transaction based upon that verbal report. And, they are clearly within their rights to do so under the "as-is" form contracts in urse in Florida. You also may have an obligation to disclose any defects that this new inspection revealed that were communicated to you. I strongly...

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  4. Dispute over equity of a property with two names on a quit claim deed ?

    Answered almost 3 years ago.

    1. Sheryl Ann Edwards
    2. Dennis Andrew Chen
    2 lawyer answers

    More information is necessary to answer your question conclusively, however, I am going to make some assumptions on the facts to be able to respond. You indicate that there are two names on a quit claim deed - I am assuming that a third person "quit-claimed" a property to you and the plaintiff. Without words in that quit claim deed that you were taking as "joint tenants with rights of survivorship", you and the plaintiff take as tenants in common - which means that you each own a percentage...

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  5. Foreclosure question about bank mergers and the two-dismissal rule

    Answered 11 months ago.

    1. Michael Patrick Fuino
    2. Sheryl Ann Edwards
    3. Margery Ellen Golant
    4. Jeffrey Alan Klein
    4 lawyer answers

    As you are probably aware, the "two dismissal rule" states that if a plaintiff voluntarily dismisses a lawsuit based on the same facts and circumstances (including the same payment default) on two separate occasions, a defense is established as to any future attempt to obtain a judgment based on those same facts and circumstances. The facts of your situation are more complex than most and you should consult with an experienced foreclosure defense attorney in your area to determine if you can...

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  6. Have rental home in FC process. We were never served. Now has Affidavit of Avoidance filed. What happens now?

    Answered about 1 year ago.

    1. Sheryl Ann Edwards
    2. Brian David Zinn
    3. Monica Denise Shepard
    3 lawyer answers

    The documents that were filed are evidence of actions that the lender took when they could not find you to personally serve you with the summons and complaint. If done properly, in the eyes of the court, you have been served. The worst thing you can do is nothing. You need to hire an attorney experienced in foreclosure law to help defend your mortgage foreclosure action.

    3 lawyers agreed with this answer

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  7. I am a homestead owner of a condo. Can I be evicted?

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Jeffrey Alan Klein
    3. Jaitegh Singh
    4. Barbara Billiot Stage
    4 lawyer answers

    Yes, even though the property is homestead property, if "you don't pay, you don't stay"

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  8. Will I qualify under Mortgage Debt Forgiveness Act if homeowner association gets title to my property through a foreclosure?

    Answered over 1 year ago.

    1. Margery Ellen Golant
    2. Sheryl Ann Edwards
    3. Jacqueline Alicia Salcines
    4. Rex Edward Russo
    4 lawyer answers

    I agree with Attorney Salcinas - you can maintain control over your financial situation by being proactive and initiating a short sale. In a short sale, so long as your association dues are less than 1 year past due, your lender should pay them in a short sale. It sounds like the property is your primary residence - in a short sale, the lender may foregive the deficiency balance if you can demonstrate a financial hardship and you may be excused from paying federal income tax on the debt you...

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  9. Is a bank suppose to issue a forgiveness debt letter to the homeowners on the closing/selling the house as a short sale?

    Answered over 2 years ago.

    1. Sheryl Ann Edwards
    2. Marshall C Deason Jr.
    3. Royce Brent Bishop
    3 lawyer answers

    When the attorney who is negotiating your short sale receives the "short sale approval letter", initially, it will probably not include a waiver of deficiency - meaning that the lender will agree to allow you to sell your property but does not waive the ability to seek to collect the deficiency from you in the future. If the lender agrees to waive the deficiency, you need to get that express waiver of deficiency in the short sale approval letter. You need to instruct your attorney that he...

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  10. On a month to month lease could one tenant give notice even if the other person doesn't want to move. What happens to sec. dep?

    Answered almost 3 years ago.

    1. Sheryl Ann Edwards
    2. Frankie J. Adamo
    3. Carol Lynne Zimmerly
    3 lawyer answers

    In reading between the lines in your question, I am assuming that you and your roommate had a written lease with the landlord who died and that you are currently on a month to month lease. While you had a written lease, your verbal agreement with the deceased landlord was to pay the rent by the 5th of the month. The person administering the estate of your deceased landlord wants to collect late charges under the written lease - a term that was previously waived by the deceased landlord....

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