Sheryl Ann Edwards’s Answers

Sheryl Ann Edwards

Sarasota Real Estate Attorney.

Contributor Level 12
  1. Have rental home in FC process. We were never served. Now has Affidavit of Avoidance filed. What happens now?

    Answered over 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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  2. 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 over 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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  3. I am a homestead owner of a condo. Can I be evicted?

    Answered almost 2 years 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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  4. Will I qualify under Mortgage Debt Forgiveness Act if homeowner association gets title to my property through a foreclosure?

    Answered almost 2 years 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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  5. Is a bank suppose to issue a forgiveness debt letter to the homeowners on the closing/selling the house as a short sale?

    Answered about 3 years ago.

    1. Sheryl Ann Edwards
    2. Marshall C Deason Jr.
    3. Royce Brent Bishop
    3 lawyer answers

    When the attorney who is negotiating your short sale receives the "short sale approval letter", initially, it will probably not include a waiver of deficiency - meaning that the lender will agree to allow you to sell your property but does not waive the ability to seek to collect the deficiency from you in the future. If the lender agrees to waive the deficiency, you need to get that express waiver of deficiency in the short sale approval letter. You need to instruct your attorney that he...

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  6. On a month to month lease could one tenant give notice even if the other person doesn't want to move. What happens to sec. dep?

    Answered over 3 years ago.

    1. Sheryl Ann Edwards
    2. Frankie J. Adamo
    3. Carol Lynne Zimmerly
    3 lawyer answers

    In reading between the lines in your question, I am assuming that you and your roommate had a written lease with the landlord who died and that you are currently on a month to month lease. While you had a written lease, your verbal agreement with the deceased landlord was to pay the rent by the 5th of the month. The person administering the estate of your deceased landlord wants to collect late charges under the written lease - a term that was previously waived by the deceased landlord....

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  7. I owe my hoa $9000 they foreclosed and i was evited and now they have rented my place out how can i get my home back ?

    Answered over 3 years ago.

    1. Sheryl Ann Edwards
    2. Daniel J. Rose
    2 lawyer answers

    Unfortunately, if the association completed its foreclosure and you did not redeem the property within 10 days after entry of the judgment, there is not much you can do unless there was fraud in the foreclosure process.

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  8. Do I need to probate my late husband's will if we have no debts, jointly own our house, and have joint bank accounts?

    Answered 27 days ago.

    1. Harley Herman
    2. Barry A. Stein
    3. Sheryl Ann Edwards
    4. Mark Russell Lewis
    5. David Michael Goldman
    6. ···
    6 lawyer answers

    Probate is a court process which involves collecting a decedent's assets, notifying creditors, paying liabilities, and distributing the remaining assets to heirs. Typically, property (whether that be real property or personal property - like bank accounts or personal belongings) that is owned as Joint Tenants with Rights of Survivorship is not a probate asset where the court's supervision is required to transfer assets of the decedent. In a situation where there is only jointly owned...

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  9. When dealing with an In Deed of Lieu process, can the government hold us responsible if the house sells short of the amount due?

    Answered 6 months ago.

    1. Brian David Zinn
    2. Sheryl Ann Edwards
    3. Jacqueline Alicia Salcines
    4. Enita Kushi
    5. Nathan D McKinney
    5 lawyer answers

    When a lender issues you a 1099-C, you do not receive a bill from the government for the tax due, if any, on the debt you have been excused from repaying. You have an obligation to report all taxable income to the IRS by filing a tax return. The information provided on the 1099-C is part of the information that must be provided to the IRS. There may be an exemption that would apply to make the amount of debt you have been excused from repaying not taxable as income. You should consult...

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  10. We live in the UK and have a holiday home in Davenport , Florida .

    Answered 12 months ago.

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

    Although a thorough analysis of your financial situation will need to be made to determine if a short sale is your best option, typically a short sale is a better alternative for a borrower than a short sale.

    3 lawyers agreed with this answer

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