Sheryl Ann Edwards’s Answers

Sheryl Ann Edwards

Sarasota Real Estate Attorney.

Contributor Level 12
  1. Can I transfer my joint tenant with survivorship right interest on house to me and my daughter (as joint tenants)?

    Answered over 2 years ago.

    1. Sheryl Ann Edwards
    2. Evelyn Watts Cloninger
    2 lawyer answers

    You are experiencing one of the most significant problems caused by parents conveying an interest in their real property to a child. Unfortunately for you, once you transferred a portion of your ownership in the property as joint tenants with rights of survivorship to your son, you now need his agreement and cooperation to add another child as another joint tenant. If you convey your remaining interest in the property to your daughter, you will terminate the joint tenancy and your son will...

    3 lawyers agreed with this answer

  2. Do I need a Foreclosure attorney if I just got served but plan to short sell?

    Answered over 2 years ago.

    1. Margery Ellen Golant
    2. Sheryl Ann Edwards
    3. Dorota J. Trzeciecka
    4. Royce Brent Bishop
    4 lawyer answers

    Yes - you should hire an attorney to respond to the foreclosure complaint. Just because you are working on a short sale doesn't mean that the lender will not continue to prosecute its foreclosure action. As was indicated by Ms. Golant in the prior answer, you should make sure that your short sale approval letter contains a waiver of deficiency. Insist on seeing a copy of the short sale approval letter and read it carefully to be sure you will not be responsible for the amount of the...

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  3. My house is upside down and i owe too much to the home owners associations, do I have another option beside just walking away?

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Sheryl Ann Edwards
    3. Steven Anderson Leahy
    3 lawyer answers

    For purposes of the facts as you have outlined them, I am assuming that this property is your primary residence and that you have no other significant debt issues other than your underwater mortgage. With these qualifications, it seems to me that your best bet would be to attempt a short sale on the property. However, generally speaking, you cannot be current on your mortgage for the lender to consider your short sale request. You ask what you should be worried about other than the effect...

    3 lawyers agreed with this answer

  4. Lis pendence

    Answered about 3 years ago.

    1. Sheryl Ann Edwards
    2. Michael S ('Mike') Hagen
    3. Preston Hall Oughton
    3 lawyer answers

    Interestingly enough, HOAs are pursuing their foreclosure actions against properties more aggressively than lenders. In Sarasota, we are finding that the Associations are taking ownership of the property and renting the property to generate revenue for the Association (especially in complexes on the island). Eventually, it is likely that the Association will lose the proeprty to the lender in the foreclosure case, but in the interim, the Association can recoup some of their losses by renting....

    3 lawyers agreed with this answer

  5. We have been in foreclosure since 2/2008. Recently, our case was set for trial. At each (there were 3) trial, the bank asked for

    Answered over 1 year ago.

    1. Jeffrey Alan Klein
    2. Sheryl Ann Edwards
    3. Andrew March Lyons
    3 lawyer answers

    The courts are overwhelmed with foreclosure cases - if the Bank had the case set for trial 3 times and then asked for another continuance, I would be very surprised that the court would allow it. Since it has been 5 years since the case has been filed, it is possible that any future action would be barred by the Statute of Limitations - however, that would depend on several other factors that your attorney should be aware of. Good luck and press on!

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  6. Seeking help and Advice

    Answered over 2 years ago.

    1. Sheryl Ann Edwards
    2. Barbara Billiot Stage
    3. Michael S ('Mike') Hagen
    4. Margery Ellen Golant
    4 lawyer answers

    A Notice of Voluntary Dismissal without Prejudice means that Citibank has dismissed the action that was filed against you but can file again in the future if they decide to further pursue collection for the debt and potentially a mortgage foreclosure. The fact that they "cannot find the loan" is interesting - if the lender cannot find the original promissory note and cannot establish the circumstances by which the note was lost, they will not be able to enforce the loan against you in a...

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  7. Can I stay in my house through a short sale?

    Answered about 1 year ago.

    1. Sheryl Ann Edwards
    2. Jacqueline Alicia Salcines
    3. Ellen K Lawson
    4. Michael T Millar
    5. Shawn B Alexander
    5 lawyer answers

    If you can't close your short sale before the foreclosure sale, you or your attorney should call the lenders' foreclosure attorney and ask to have the foreclosure sale postponed.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can I file a Motion to Cancel and Reschedule a Foreclosure Sale?

    Answered about 1 year ago.

    1. Sheryl Ann Edwards
    2. Natalie F Guerra-Valdes
    2 lawyer answers

    You should have a Motion to Cancel the Foreclosure Sale filed immediately. It is improper under the terms of the Attorney General Settlement for a mortgage servicer to proceed with a mortgage foreclosure while an application for mortgage modification is pending. You should consult with an experienced real estate attorney in your area to assist you in this regard.

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    1 person marked this answer as helpful

  9. What will be the bank's recourse against the homeowner after foreclosure dismissed?

    Answered about 1 year ago.

    1. Sheryl Ann Edwards
    2. Mark D. Siegel
    3. Cheryl Rivera Smith
    3 lawyer answers

    In Florida, an action to collect on a promissory note and an action to foreclosure a mortgage must be filed within 5 years after the mortgage debt was accelerated by the lender. In the case you reference, the court found that the foreclosure action was filed after the expiration of this 5 year period. Thus, the note and mortgage are no longer enforceable. I am uncertain of the recourse between against servicer by the lender for the servicer's failure to file an action to enforce the note...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My question is if I pay the rent into the Registry of the courts and all applicable fees will this cease the eviction?

    Answered about 2 years ago.

    1. Sheryl Ann Edwards
    2. Jacqueline Alicia Salcines
    3. Dennis Andrew Chen
    4. Kevin Luis Deeb
    4 lawyer answers

    Unfortunately for you the answer is No. You had a right to cure your default in the rental agreement only for 3 business days after you received the notice of default that was posted to your door. Unless you have other defenses to the eviction action, the landlord will likely prevail in the eviction. However, by posting rent to the registry of the court, you are entitled to go to trial and explain your situation to the judge. If you make an agreement with the landlord to reinstate your...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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