Sheryl Ann Edwards’s Answers

Sheryl Ann Edwards

Sarasota Real Estate Attorney.

Contributor Level 12
  1. Is a home seller in Florida under the same disclosure requirements if they have never lived in the property?

    Answered 9 months ago.

    1. Sheryl Ann Edwards
    2. Lawrence Jay Davis
    3. Will Murphy
    3 lawyer answers

    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.

    5 lawyers agreed with this answer

  2. CAn I purchase a home and leave it to my children when I die and not my 2nd Husband who lives with me

    Answered over 2 years ago.

    1. Sheryl Ann Edwards
    2. Marshall C Deason Jr.
    2 lawyer answers

    For purposes of this answer, I am assuming that your proposed home purchase in Florida will be in your name only and that you intend to make the Florida property your primary residence. I will also assume that your children are not minors and that your Florida will names your adult children as beneficiaries to receive the homestead property. In Florida, if you are the sole owner of a home that is your homestead, upon your death, your spouse will have a life estate in the property - meaning...

    5 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Pamela Thea Higer Polani
    3. Margery Ellen Golant
    4. Jacqueline Alicia Salcines
    4 lawyer answers

    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...

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  4. Florida Pro Se question regarding affidavits

    Answered almost 3 years ago.

    1. Sheryl Ann Edwards
    2. Margery Ellen Golant
    3. Barbara Billiot Stage
    4. Steven Anderson Leahy
    4 lawyer answers

    Not only are you permitted to do so, the Florida Rules of Civil Procedure require you to submit affidavits in opposition to the lender's Motion for Summary Judgment at least 5 days prior to the hearing if served by mail and or least 2 days prior to the hearing if delivered by personal delivery.

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

    Answered about 1 year ago.

    1. Margery Ellen Golant
    2. Sheryl Ann Edwards
    3. Bryant Houston Dunivan Jr.
    4. Erin Suzanne Baggett
    5. Jacqueline Alicia Salcines
    5 lawyer answers

    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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  6. What happened w/foreclosures in 2011???

    Answered about 3 years ago.

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

    Reading between the lines in your response, I think you filed for a Chapter 13 bankruptcy and retained your home. I think you did not make your payments under the Chapter 13 plan and your bankruptcy was dismissed. When you filed for bankruptcy, your attorney probably filed a Suggestion of Bankruptcy in your foreclosure. Until someone files a notice of the dismissal of the bankruptcy in your foreclosure action, it is likely that nobody will do anything in the foreclosure.

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  7. My mothers uncle had a Will with my mom as a heir/ beneficiary along with his brother in law. My mom and uncle are both dead.

    Answered 3 days ago.

    1. Sheryl Ann Edwards
    2. David Michael Goldman
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    If there is a will that names your mom as a beneficiary and she predeceased her aunt, you would inherit your mom's share only if the will provides that the distribution to your mom is "per stirpes". If the will provides that the distribution to your mom is "per capita", you will not inherit your deceased mom's share.

    4 lawyers agreed with this answer

  8. Motion For Summary of final judgement - What should I do?

    Answered 11 months ago.

    1. Jeffrey Alan Klein
    2. Sheryl Ann Edwards
    3. Roy A. Praver
    4. Margery Ellen Golant
    5. Jacqueline Alicia Salcines
    5 lawyer answers

    The filing of the Motion for Summary Judgment should be an indication to you that the lender is getting ready to ask the court for a foreclosure judgment. The lender will need to schedule a hearing to have its motion heard by a judge or magistrate. If you have not already consulted with a lawyer experienced in foreclosure defense, I urge you to do so immediately. It is not too late to get help, but the longer you wait, the less an experienced attorney can do to help you.

    4 lawyers agreed with this answer

  9. Options to avoid any deficiency judgment in foreclosure.

    Answered about 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

  10. 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

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