Sheryl Ann Edwards’s Answers

Sheryl Ann Edwards

Sarasota Real Estate Attorney.

Contributor Level 12
  1. LLC. certificate of title to warranty deed.

    Answered over 2 years ago.

    1. Sheryl Ann Edwards
    2. Marshall C Deason Jr.
    3. Brian Coleman Kelly
    3 lawyer answers

    Your certificate of title acts the same as a deed - you can execute and deliver a deed from you to your LLC.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My bank started foreclosure process even though I have been trying for a year to modify my home loan. What should I do?

    Answered over 2 years ago.

    1. Sheryl Ann Edwards
    2. Margery Ellen Golant
    3. Aaron James Irving
    4. Joseph Gian Colombo
    5. Keith Adam Halpern
    5 lawyer answers

    I would strongly suggest that you consult with a real estate attorney who is experienced in mortgage modifications and mortgage foreclosure. If your lender/servicer is one of the big ones - Bank of America, Wells Fargo, Citibank just to name a few - they are currently working under a settlement agreement with the Florida Attorney General. It sounds like the conduct you are describing is a direct violation of that agreement.

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  3. I received a foreclosure notice yesterday and have 20 days to reply. Have been approved for short sale program by the lender

    Answered almost 2 years ago.

    1. Sheryl Ann Edwards
    2. Michael Saracco
    3. Joshua Jonathan Tejes
    4. Nicholas H. Felzen
    5. Paul A Meadows
    6. ···
    6 lawyer answers

    Have you found a buyer for your property yet? If so, when does your transaction close? If your short sale does not close within 20 days, I would highly recommend that you hire an attorney to enter an appearance and defend the foreclosure on your behalf to allow your short sale to be completed.

    7 lawyers agreed with this answer

  4. Can I quit claim a property deed to remove someone who is on the deed but not on the mortgage to the property?

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Sheryl Ann Edwards
    3. Lewis Matthew Roberts
    3 lawyer answers

    Yes, the owner/mortgagee can ask the co-owner in jail to execute a quit claim deed to relinquish his interest in the property.

    7 lawyers agreed with this answer

  5. Can a successful quiet title action filed after 5 years of foreclosure litigation bar bank from collecting the debt?

    Answered over 2 years ago.

    1. Sheryl Ann Edwards
    2. Marshall C Deason Jr.
    3. Royce Brent Bishop
    4. Margery Ellen Golant
    5. William Luther Grant
    5 lawyer answers

    From your question, it seems that your foreclosure action is still pending. As such, even though it has been more than 5 years since you last made a payment, the lender's action is still viable. If the current foreclosure action is eventually dismissed, if the lender re-files the action, you can defend the new foreclosure based upon the fact that the action was filed beyond the 5 year statute of limitations for actions on a contract, which includes actions to collect on a promissory note....

    6 lawyers agreed with this answer

    2 people marked this answer as helpful

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

    Answered about 1 year ago.

    1. Sheryl Ann Edwards
    2. Margery Ellen Golant
    3. Nikhilkumar Manharlal Patel
    3 lawyer answers

    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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  7. Shortsale on 2nd home in Fl. 2nd Lien Holder offered a settlement. Am I still exposed to additional collections?

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Joshua Eli Adams
    2 lawyer answers

    I would certainly like to see better language in your short sale approval letter like " Bank agrees to accept no less than $5,000 as a settlement in full satisfaction of the debt and agrees to waive the right to pursue any deficiency balance". You should ask them to include similar language to "waive the right to pursue any deficiency balance."

    Selected as best answer

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

    Answered 10 months ago.

    1. Margery Ellen Golant
    2. Sheryl Ann Edwards
    3. Richard Paul Zaretsky
    4. Steven Zalewski
    4 lawyer answers

    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.

    6 lawyers agreed with this answer

  9. Is my mortgage note validly endorsed?

    Answered about 1 year ago.

    1. Margery Ellen Golant
    2. Sheryl Ann Edwards
    3. Natalie F Guerra-Valdes
    4. Jeffrey Alan Klein
    5. Romy B Jurado
    5 lawyer answers

    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.

    6 lawyers agreed with this answer

  10. If I purchase a foreclosure property and their are surplus funds after the sale, how are funds distributed?

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Jacqueline Alicia Salcines
    3. James Adrian Cueva
    3 lawyer answers

    When a third party purchases a property at the foreclosure sale for more than the amount of the first mortgagee's final judgment, all other interested parties must file an application for the surplus within 60 days. A evidentiary hearing is held and, if there is more than one applicant, the court determines who receives the funds. See Section 45.032, Florida Statutes.

    6 lawyers agreed with this answer

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