Sheryl Ann Edwards’s Answers

Sheryl Ann Edwards

Sarasota Real Estate Attorney.

Contributor Level 12
  1. Options to avoid any deficiency judgment in foreclosure.

    Answered over 1 year ago.

    1. Margery Ellen Golant
    2. Sheryl Ann Edwards
    3. Jacqueline Alicia Salcines
    4. Denny Marlowe Fox
    5. Richard Paul Zaretsky
    5 lawyer answers

    It's a little late to be asking the question. If you had been more proactive and had addressed the situation sooner, you may have been able to complete a short sale or deed in lieu with a waiver of deficiency. However, with only a few months to go before the foreclosure sale, you have left yourself very little time. To avoid a deficiency, you need to sell the property immediately. With a sales contract in hand, you may be able to get the lender to agree to reschedule the foreclosure sale...

    4 lawyers agreed with this answer

  2. If a plaintiff in a civil lawsuit does not exist?

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Andrew Jarrett Sky
    3. Scott Michael Gross
    3 lawyer answers

    Believe it or not, this happens all the time in mortgage foreclosure cases. That is part of the reason why foreclosures are such a mess in Florida. Your question does not specify whether the action is pending or has concluded. If the action is pending, you have a defense for lack of standing and capacity to sue. These are good defenses - you should consult with an attorney experienced in foreclosure defense in your area to properly preserve them in your case.

    4 lawyers agreed with this answer

  3. When a bank goes thru with foreclosure, when and who pays the past due real estate taxes and condo fees?

    Answered almost 2 years ago.

    1. Barbara Billiot Stage
    2. Jacqueline Alicia Salcines
    3. Sheryl Ann Edwards
    3 lawyer answers

    In order for you to have the bank waive any amounts from its payoff, you are going to need to apply for a short sale. That can be a long process. The taxes are typically paid on an annual basis by the servicer, even if you have not been making your monthly payments to the lender. If they have not been paying them and the foreclosure is completed with the lender owning the property after the foreclosure sale, the bank will need to pay them before they sell the unit. Condo fees are capped...

    4 lawyers agreed with this answer

  4. I have just found out a LIs Pendens has been filed on my house. What does that mean? and how much time do I have to save my home

    Answered almost 2 years ago.

    1. Sheryl Ann Edwards
    2. Jeffrey Alan Klein
    3. Jacqueline Alicia Salcines
    4. Natalie F Guerra-Valdes
    4 lawyer answers

    If you intend to reinstate your mortgage, do not pay the lender any money until you have received a written reinstatement figure. Do not trust what the lender or servicer is verbally telling you. If you make only a partial payment, they will likely accept your money and continue with the foreclosure. I stronly caution you not to go about this process without the assistance of an attorney experienced in foreclosure law who practices in your area. Good luck.

    4 lawyers agreed with this answer

  5. Is there a way to start a new after foreclosure?

    Answered almost 2 years ago.

    1. Sheryl Ann Edwards
    2. Joshua Eli Adams
    3. Leonore M. Greller
    4. Omaida Delgado
    4 lawyer answers

    The deficiency judgment can be enforced for a very long time. Yes, you can file for Bankruptcy, but in my experience, many deficiency judgments can be settled for significantly less than the full judgment amount. As the head of household, your wages are exempt from collection actions.

    4 lawyers agreed with this answer

  6. I am in default on my mortgage. What do I need to do to get help?

    Answered almost 3 years ago.

    1. David Harris Rosenberg
    2. Sheryl Ann Edwards
    3. Mark Hankins
    4. Margery Ellen Golant
    5. Christopher Daniel Leroi
    5 lawyer answers

    The responses given by the other attorneys are good ones. A borrower in default has several options depending on the borrower's objectives, whether or not the property is a primary residence or investment property and the borrower's current financial position. An experienced real estate attorney can assess your current situtation and provide a strategy for you to achieve your objective, whatever that may be.

    4 lawyers agreed with this answer

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

    Answered about 2 years 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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  8. 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 over 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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  9. URGENT: Buyer walked on our house saying it was due to inspection BEFORE they got report. What are our rights and options?

    Answered over 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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  10. Dispute over equity of a property with two names on a quit claim deed ?

    Answered over 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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