Skip to main content
Sheryl Ann Edwards
Avvo
Pro

Sheryl Edwards’s Answers

221 total


  • What happens after been 5 years in foreclosure?

    since 2009 (November) fighting ,motions etc

    Sheryl’s Answer

    While the case is still pending, there is no magic about a case pending for 5 years. However, if the case is dismissed after it has been pending for 5 years, the debt may become in enforceable because of the 5 year statute of limitations governing breach of contract actions.

    See question 
  • In a foreclosure case how can a new mortgage servicer be the "holder" of my note if its been filed with the court for years.

    My foreclosure case is around 5 years old. The original plaintiff alleged that they were the "designated holder" of the note and that they were authorized by the owner to pursue the foreclosure. The note was filed with the court a few years ago....

    Sheryl’s Answer

    Servicers aren't holders - servicers are agents for owners and holders. Getting judges to realize this is difficult, but it is an important point in defending a mortgage foreclosure.

    See question 
  • What is the length that a bank can pursue a deficiency judgement for a short sale in Florida?

    I had a quick question about the statue of limitations in Florida on when a creditor can pursue a deficiency judgment for short sales. Prior to 2013, it was 5 years, however I read recently that a statute (from last year) changed this to 1 year be...

    Sheryl’s Answer

    In Florida, the statute of limitations for a breach of contract is 5 years from the date of breach. The non-payment on a promissory note is a type of breach of contract where the 5 year limitations period would apply.

    In July 2013, the Florida Legislature shortened the period of time for a lender's filing of an action for deficiency judgment after the completion of a mortgage foreclosure action. Pursuant to Section 95.11(5)(h), an action to enforce a deficiency judgment must be brought within 1 year after the certificate of title is issued or within 1 year after the mortgagee accepts a deed in lieu of foreclosure.

    Unfortunately, the Legislature did not include deficiencies after short sales in the shortened limitations period. Therefore, under the current law, the lender would have 5 years from the date of the completion of a short sale to bring an action to enforce the unsatisfied balance on the promissory note (assuming that you did not negotiate for a waiver of deficiency during the short sale).

    See question 
  • Served with a "notice of lis pendens by Wells Fargo who is seeking to re-establish my mortgage. What does that mean?

    My original mortgage, Premium Capital Funding, was not recorded with Seminole County Clerk of the Courts. The documents were lost somewhere. Wells Fargo took over my mortgage. Can they foreclose with out the proper documents?

    Sheryl’s Answer

    It sounds like the original promissory note has been lost - a lost mortgage is not typically a problem in a mortgage foreclosure because the original would have been recorded in the public records.

    If the current Plaintiff can account for the lost note, the note can still be enforced. However, that is often difficult for a foreclosure Plaintiff to do.

    See question 
  • Didn't respond to lawsuit by deadline & now have notice of non-jury trial date, can I still present my side at trial if I attend

    My mortgage lender verbally approved me for a Deed-in-Lieu-of-Foreclosure along with a "Cash for Keys Program" incentive. They also filed a foreclosure suit but assured me it was only a formality and wouldn't come to pass; hence I did not respon...

    Sheryl’s Answer

    Typically, an offer for a deed-in-lieu of foreclosure is contingent upon a title search and the lender's acceptance of title to the property. When the title search revealed a defect in the legal description, it likely rescinded its deed-in-lieu offer.

    There are many ways to resolve this issue and potentially revive your deed-in-lieu transaction. You should consult with a real estate attorney who practices title insurance law and performs real estate transactions to have this issue resolved ASAP, before your trial date.

    See question 
  • How do we handle a homestead without probate.

    My mother in law passed in Feb. Her only asset was her homestead which my husband and I resided in with her. She did not have a will and his siblings are willing to sign over their rights to the house. Does it have to go through probate and what ...

    Sheryl’s Answer

    To transfer title to the home, assuming that the home was titled only in your deceased mother in law's name, you will need to record a copy of the death certificate (without the cause of death showing on the certificate), and will need to file a petition to determine homestead - this is a relatively simple procedure and should not be costly. If she was not survived by a spouse or minor children, the home will be owned by all of her children. If your husband's brothers and sisters are willing to sign over their rights, they can do so. You should consult with a experienced probate attorney in your area to assist you to be sure the matter is handled properly.

    See question 
  • Is the 5 year statue of limitations applicable to this condo? If so, need to hire an ATTY for quiet title action

    Owner had 1 mortgage from deutsch bank from 6/2006. Lis pendens filed 7/2008. Then a case dismissal order from court for this judgement 1/15/2010 w/o prejudice. Then bank filed a voluntary dismissal and, release of lis pendens in 2/15/2010 also w/...

    Sheryl’s Answer

    Whether the enforcement of this loan is barred by the 5 year statute of limitations is a very fact specific inquiry. From the facts you have included in your question, it is very possible that the SOL defense would be successful. However, the law is still developing in this area and is still uncertain.

    See question 
  • Is a home seller in Florida under the same disclosure requirements if they have never lived in the property?

    This property is currently in probate and the heirs want to sell when probate is completed. The heirs have never lived in the property. Property is free and clear. Both heirs live out of state.

    Sheryl’s Answer

    Under Florida law, a seller has a duty to disclose all facts KNOWN TO THE SELLER that are not readily observable by the Buyer that materially affect the value if the property. As as heir (who is now the seller) you would have a duty to disclose what you know. However, if you never occupied the property and do not have any information regarding the property, you have nothing to disclose.

    See question 
  • A fraudulent quit claim deed was filed in Miami dade county Fl on a property I own with my 2 brothers, what do I do

    It was only filed with 2 of the 3 names on 3/6/14, filed police report, what else to do

    Sheryl’s Answer

    A quitclaim deed, even though it may have been fraudulently executed, creates a cloud on the title to your property, assuming that the quick claim deed was properly executed with the proper formalities. In order to remove the cloud on title, you will need to file a quiet title action.

    See question