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Sheryl Ann Edwards
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Sheryl Edwards’s Answers

221 total


  • Completing Deed in Lieu process- i was approved and the deficiency is being waived

    (In Florida) I am completing a DIL on a townhome i purchased before i got married. However in order to complete process my husband has to sign the closing docs? What is the reason for this, nothing is in his name. Could he be pursued for anything...

    Sheryl’s Answer

    The reason that your husband is being required to sign on the deed in lieu transfer documents is related to the homestead provision in the Florida Constitution. In Florida, a non-owner spouse must consent to any transfer of a homestead property. Although he may not have any interest in the property and although you may not live there anymore, the presumption is that the property is your homestead property. Thus, your spouse will need to sign the deed or you will need to inform the lender that the property is non-homestead so that the required language can be placed on the deed that transfers the property to the lender.

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  • Is a non American citizen qualified for house mortgage?

    I need a house worth about $300,000

    Sheryl’s Answer

    Typically, non-resident house purchasers pay cash because it is difficult to qualify for a mortgage loan as a non-resident. If you can meet the underwriting requirements for a loan, you should be able to buy a house but you are in for a difficult road ahead of you. Good luck.

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  • Foreclosure Defense Attorneys ... How does a Plaintiff foreclose "IF" the Florida statute has run ?

    Acceleration = February 2008. Lis Pendens = July 2008. Dismissed "with" Prejudice = June 2011. New case filed (and voluntarily dismissed) = November 2013. How does the Plaintiff foreclose ?

    Sheryl’s Answer

    I agree with Ms. Golant - the determination of whether a statute of limitations has run on the enforcement of a promissory note and mortgage is very fact specific. While the statute of limitations period is 5 years, the trick is determining on what date that 5 year period starts to run.

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  • Real estate attorney

    house on a short sale, house has a second mortgage on it, bank sent approval letter, title company just mention about the second which is not on the approval letter what will happen now realtor said she will find out, can a attorney tell me now

    Sheryl’s Answer

    In order to close a short sale, you will need to obtain the consent of all lienholders. It sounds like the first lienholder, your lender, has consented to the short sale. Typically, the next thing to happen is to negotiate for short sale approval with the second lienholder, which often requires a copy of the approval letter issued by the first lienholder. Additionally, the approval of a short sale doesn't always mean that the lender(s) will take the net proceeds from the sale and waive the deficiency. This is often a term of the short sale approval that must be separately negotiated.

    Short sales are often tricky - I hope you have a qualified real estate attorney in Jacksonville assisting you. If you do not , I urge you to get one.

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  • On a week to week rental, How do I terminate the lease?

    The tenants haven't done anything wrong, They have paid their rent on time. I just want to use the in law apt for something else other then a rental. I have stated in the lease that it is a temporary living situation and that the lease can be t...

    Sheryl’s Answer

    So long as there is no provision in the lease that requires a different period for service of the notice of termination of week to week lease, Section 83.57 states that the tenancy can be terminated by giving not less than 7 days' notice prior to the end of any weekly period.

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  • Options to avoid any deficiency judgment in foreclosure.

    My property is set to be foreclosed in February, I have a final judgment dated sept 18 2013, date for sale is February, besides bankruptcy with options do I have to avoid the bank coming after me for the difference for what I owe and for what th...

    Sheryl’s Answer

    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 to permit the completion of the short sale. You need professional help to get this done - today (not tomorrow or next week). Good luck.

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  • Does a lender have to serve all parties concerned with property going into foreclosure ?My name is on deed .

    My sons name is on mortage that he has defaulted on . property deed is in my name

    Sheryl’s Answer

    If you are on the deed to the property, you would be an indispensable party to a foreclosure action and would need to be served with a copy of the summons and complaint.

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  • BOA - Deed in Lieu?. Signed agreement & moved out as of August 1, 2013 yet the bank has "Not" changed the property name

    BOA - Deed in Lieu?. Signed agreement & moved out as of August 1, 2013 yet the bank has "Not" removed my name from the property. I been checking the Broward county court and BCPA website nothing except on 8/30 BOA recorded "Release/Revoke/Satisfy ...

    Sheryl’s Answer

    As you are experiencing, Bank servicers are often not the speediest in taking back property, even when it is in their best interest to do so. You are correct that the HOA and water bills continue to accrue to a property that continues to be titled in your name. I suggest that you call the servicer daily to bring attention to your transaction. The squeaky wheel often gets the most grease! Good luck!

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  • If we received a 1099-C from our mortgage company, do we still owe for a deficiency judgement.

    Our house officially foreclosed at auction Sept 24 2012. We stopped paying in June of 2011 at the banks 'suggestion' in order to find us eligible for a short sale. My husband took a job in another state and we had bought a house there. We applied ...

    Sheryl’s Answer

    A 1099-A or 1099-C is a form filed by the lender with the IRS for tax purposes to report transactions for those who have walked away from an underwater mortgage, have lost a property to foreclosure or have sold a property in a short sale.

    Generally, when you sell a property, you would report the sale to the IRS on your tax return. In a normal sale, the closing attorney or title company would report the sale to the IRS using a form 1099-S. The 1099-A is the form filed by the lender that simply reports that the lender has acquired the property, either through short sale, deed in lieu or foreclosure. Form 1099-A reports the date of the sale and the value of the property on the date of transfer. You will need these numbers to report the transfer to the lender (either through deed in lieu, short sale or foreclosure) to the IRS on your tax return.

    A 1099-C is typically filed by the lender with the IRS when the lender has issued a waiver of deficiency or has otherwise released you from repaying any amount of the debt. While it appears that you have a defense to the current collection efforts on the deficiency, you should speak with an experienced foreclosure defense attorney to be sure your rights are protected.

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  • What is the time limit for lender to respond to a defendants Motion to dismiss ? Mortgage foreclosure.

    I received a lis Pendens/ Summons in Sept.2012. I filed a motion to dismiss on time in Oct 2012. The Plaintiff filed a motion for default in June 2013. The notice of default was not entered July 2013 because everything was filed on time. How lo...

    Sheryl’s Answer

    The rules of procedure require that the Plaintiff file something - anything - at least once every 12 months. If there is no record activity for a period of 10 months, the court could send the Plaintiff a notice indicating that it intends to dismiss the case unless a filing is made within 60 days.

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