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Sheryl Ann Edwards
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Sheryl Edwards’s Answers

219 total


  • If a plaintiff in a civil lawsuit does not exist?

    There was a foreclosure. The plaintiff was "La Salle Bank NA as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, MORTGAGE PASS-THROUGH Certificates . . .". Our research indicates that there was no such entity. There was a "La Salle...

    Sheryl’s Answer

    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.

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  • Does a final judgment of foreclosure mean the bank now owns the property or is it still legally owned by person foreclosed on?

    Uniform Final Judgment Of Foreclosure Backlog Proj 760,260.22 COBB 062513 MLD 6 SALE 082713 THE BANK OF NEW YORK MELLON. The property was to be sold by the court on 8/27 but the sale was canceled as a motion to cancel sale was made by one of ...

    Sheryl’s Answer

    • Selected as best answer

    Until a foreclosure sale is held and a certificate of title is issued by the clerk of court, the borrower-property owner still owns the property.

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  • Foreclosure question about bank mergers and the two-dismissal rule

    LaSalle Bank attempted to foreclose on me in 2008 and ended up voluntarily dismissing the case due to re-establishment of lost note. LaSalle Bank merged with US Bank in late 2008/early 2009. US Bank then attempted to foreclose on me in 2009 and ...

    Sheryl’s Answer

    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 defend the 2012 action based on the "two dismissal rule". Good luck.

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  • I foreclosed on condo in Mia, Fl. Am I responsible for the full amount of unpaid maintenance dues, late fee & their atty. fees?

    I foreclosed on condo in Mia, Fl. Am I responsible for the full amount of unpaid maintenance dues, late fee & their atty. fees?

    Sheryl’s Answer

    • Selected as best answer

    If you were the first mortgagee, your exposure is limited to the lesser of 1% of the original principal balance of the loan or 12 months of dues, whichever is less if you had included the association as a defendant in the foreclosure action.

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  • What is the statue of limitations on a foreclosure action in Florida if you have not made a payment in 5 years?

    I was served a lis pendens / summons for foreclosure in April 2008. It was answered an finally dismissed in October 2011. Then I received another Complaint lis pendens, same Plaintiff, different attorney in September 2012. It was answered right ...

    Sheryl’s Answer

    • Selected as best answer

    I agree with Attorney Polani - in your case, if the acceleration of the debt occurred with the filing of the first complaint in April 2008, the 5 year statute of limitations would not have run by the filing of the second complaint in September 2012. However, if you are successful in having the second action dismissed without leave for the Plaintiff to file an amended complaint, a defense to any third action that is filed would be that the claim would be barred by the SOL. It sounds like you are defending the action yourself. I would recommend that you consult with an attorney experienced in foreclosure defense to review your case.

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  • As a 3rd party winning bidder, am I responsible to pay the HOA charges acquired by previous owner as: interest, violations, etc

    I bought a house on a judicial sale in Orlando, FL. with a lien registered in 2010 of $2,280 for unpaid HOA assessments from 2007 to 2010, including legal charges. I called the current Management Co to settle the unpaid amount and got a Statemen...

    Sheryl’s Answer

    Section 718.116 provides for a 1 year limitation on past due association dues in a foreclosure or deed in lieu of foreclosure only to the first mortgagee or its successors (meaning someone who bought the property from the first mortgagee). Since you bought the property at the foreclosure sale, you are responsible for the entire amount of past due fees. This is a nuance in the law that many, like yourself, find out the hard way.

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  • I was just served a summons for foreclosure action and I need to file an answer within 30 days. Do I need a lawyer yet

    I need to delay this as long as possible. My husband is in a nursing home and I lost his income. Refinancing and modifying have already been done a few years ago when he became disabled. I don't want to hire an attorney yet if I can answer the ...

    Sheryl’s Answer

    Every time I go to court on a foreclosure matter, I see borrowers who try to represent themselves and make mistakes and omissions that, if done properly, would have made the difference between the entry of a final judgment of foreclosure and a dismissal of the action. Many foreclosure actions have numerous defenses - you should immediately seek legal counsel from an attorney experienced in mortgage foreclosure defense to review your case and see what defenses exist in your case.

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  • Do banks have to follow the new FL one year limit for deficiency judgments in foreclosure cases prior to the June 2013 law?

    There was a final summary judgment entered for my FL home in March 2010. The bank finally bought back the home in the Foreclosure sale in 2013. In June 2013, the governor changed the law to banks only have one year to file for a deficiency judgmen...

    Sheryl’s Answer

    As a result of the enactment of the Florida Fair Foreclosure Act, Section 95.11, Florida Statutes has been amended to shorten the statute of limitations on deficiency judgments. Previously, a lender had 5 years after the foreclosure sale to file an action to obtain a deficiency judgment. Now, a lender must file an action for deficiency within 1 year of the foreclosure sale. The amendment to this statutory provision became effective on July 1, 2013 and applies to all actions for deficiency judgments filed after July 1, 2013. This new shorter limitations period applies to an action for a deficiency judgment filed after July 1, 2013 where the foreclosure action was filed before July 1, 2013.

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  • Do I need to hire an attorney to do an "uncontested" foreclosure to prevent a deficiency judgement on underwater rental.

    Foreclosure already filed by bank. Default filed by judge.

    Sheryl’s Answer

    I agree with Ms. Golant - if you want to avoid a deficiency judgment, you need to contest your foreclosure and potentially sell the property at short sale, which, in many instances, is your best chance in avoiding the obligation for the deficiency.

    You need to see an attorney experienced in foreclosure defense immediately. He or she can seek to set aside the default and defend the foreclosure with the objective of avoiding the deficiency. Good luck!

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  • Is my mortgage note validly endorsed?

    I've been told by a lay person that a note made payable "to the order of ________________," is unenforceable. Can this be true?

    Sheryl’s Answer

    Attorney Golant is correct - you have described a blank endorsement. Many, if not most promissory notes are transferred by blank endorsement. The biggest issue with blank endorsements is the lack of a date to show the date it was affixed to the note which is a very important issue that Plaintiffs have trouble in proving.

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