Sheryl Ann Edwards’s Answers

Sheryl Ann Edwards

Sarasota Real Estate Attorney.

Contributor Level 12
  1. Pecking Order? Curious to know how foreclosure hearings are scheduled? Is it by representation? If some defendants have

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Shawn Michael Yesner
    2 lawyer answers

    With the large number of foreclosure cases currently pending in Florida, many of the circuits have hired retired judges to hear foreclosure cases freeing up the other civil judges to hear other types of cases. If you have hired an attorney to defend you, or if you have otherwise filed some type of pleading in the case, your case is scheduled for the foreclosure "Contested Case Docket." If you have not hired an attorney and have not otherwise filed some type of pleading in your case, your case...

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  2. Bought house at foreclosure. Boat in side yard and automobile in carport. What can I do to claim these? Do I have them towed?

    Answered about 2 years ago.

    1. Sheryl Ann Edwards
    2. Robert Jason De Groot
    2 lawyer answers

    You may have them towed under the provisions of Section 715.07, Florida Statutes.

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  3. URGENT: Buyer walked on our house saying it was due to inspection BEFORE they got report. What are our rights and options?

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Sheryl Ann Edwards
    3. Brian Christian Chase
    4. Pamela Koslyn
    4 lawyer answers

    If it was an "as-is" contract, the Buyer can cancel for any reason. It is likely that the Buyer obtained a verbal report from the inspector as to some defects that they did not want to deal with and cancelled the transaction based upon that verbal report. And, they are clearly within their rights to do so under the "as-is" form contracts in urse in Florida. You also may have an obligation to disclose any defects that this new inspection revealed that were communicated to you. I strongly...

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  4. Dispute over equity of a property with two names on a quit claim deed ?

    Answered about 3 years ago.

    1. Sheryl Ann Edwards
    2. Dennis Andrew Chen
    2 lawyer answers

    More information is necessary to answer your question conclusively, however, I am going to make some assumptions on the facts to be able to respond. You indicate that there are two names on a quit claim deed - I am assuming that a third person "quit-claimed" a property to you and the plaintiff. Without words in that quit claim deed that you were taking as "joint tenants with rights of survivorship", you and the plaintiff take as tenants in common - which means that you each own a percentage...

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  5. Selling property that was previously purchased through first mortgage foreclosure, what title evidence/insurance is required?

    Answered 8 days ago.

    1. Sheryl Ann Edwards
    2. Jacqueline Alicia Salcines
    3. Paul K. Silverberg
    4. Jeffrey Alden Hegewald
    4 lawyer answers

    I believe that the language you are focusing on is the following: "Seller shall furnish a copy of a prior owner's policy of title insurance or other evidence of title . . . " You probably do not have an owner's policy of title insurance (unless you purchased title insurance after the purchase at foreclosure sale) so your evidence of title is the certificate of title you were issued by the Clerk. This document acts just like a deed would to evidence your ownership of the property. The rest...

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  6. Foreclosure question about bank mergers and the two-dismissal rule

    Answered 12 months ago.

    1. Michael Patrick Fuino
    2. Sheryl Ann Edwards
    3. Margery Ellen Golant
    4. Jeffrey Alan Klein
    4 lawyer answers

    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...

    3 lawyers agreed with this answer

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  7. Have rental home in FC process. We were never served. Now has Affidavit of Avoidance filed. What happens now?

    Answered about 1 year ago.

    1. Sheryl Ann Edwards
    2. Brian David Zinn
    3. Monica Denise Shepard
    3 lawyer answers

    The documents that were filed are evidence of actions that the lender took when they could not find you to personally serve you with the summons and complaint. If done properly, in the eyes of the court, you have been served. The worst thing you can do is nothing. You need to hire an attorney experienced in foreclosure law to help defend your mortgage foreclosure action.

    3 lawyers agreed with this answer

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  8. I am named in a foreclosure lawsuit but am not the legal party, How did they get my name? Can I get my name removed? My rights?

    Answered about 2 years ago.

    1. Sheryl Ann Edwards
    2. Jacqueline Alicia Salcines
    3. Margery Ellen Golant
    4. Heather Morcroft
    4 lawyer answers

    Typically, lender's counsel uses a "shotgun" approach to determining who should be a defendant in a mortgage foreclosure proceeding. Certainly the owners of the home and the borrower who signed the promissory note are proper defendants in any foreclosure. However, there are also many other considerations that may have made you a defendant. Did you have a money judgment against any of the property owners? If you did, that judgment would create a lien against the real property of that...

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  9. I am a homestead owner of a condo. Can I be evicted?

    Answered over 1 year ago.

    1. Sheryl Ann Edwards
    2. Jeffrey Alan Klein
    3. Jaitegh Singh
    4. Barbara Billiot Stage
    4 lawyer answers

    Yes, even though the property is homestead property, if "you don't pay, you don't stay"

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  10. Will I qualify under Mortgage Debt Forgiveness Act if homeowner association gets title to my property through a foreclosure?

    Answered over 1 year ago.

    1. Margery Ellen Golant
    2. Sheryl Ann Edwards
    3. Jacqueline Alicia Salcines
    4. Rex Edward Russo
    4 lawyer answers

    I agree with Attorney Salcinas - you can maintain control over your financial situation by being proactive and initiating a short sale. In a short sale, so long as your association dues are less than 1 year past due, your lender should pay them in a short sale. It sounds like the property is your primary residence - in a short sale, the lender may foregive the deficiency balance if you can demonstrate a financial hardship and you may be excused from paying federal income tax on the debt you...

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