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Sheryl Ann Edwards
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Sheryl Edwards’s Answers

224 total


  • Is the 5 year statue of limitations applicable to this condo? If so, need to hire an ATTY for quiet title action

    Owner had 1 mortgage from deutsch bank from 6/2006. Lis pendens filed 7/2008. Then a case dismissal order from court for this judgement 1/15/2010 w/o prejudice. Then bank filed a voluntary dismissal and, release of lis pendens in 2/15/2010 also w/...

    Sheryl’s Answer

    Whether the enforcement of this loan is barred by the 5 year statute of limitations is a very fact specific inquiry. From the facts you have included in your question, it is very possible that the SOL defense would be successful. However, the law is still developing in this area and is still uncertain.

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  • Is a home seller in Florida under the same disclosure requirements if they have never lived in the property?

    This property is currently in probate and the heirs want to sell when probate is completed. The heirs have never lived in the property. Property is free and clear. Both heirs live out of state.

    Sheryl’s Answer

    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.

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  • A fraudulent quit claim deed was filed in Miami dade county Fl on a property I own with my 2 brothers, what do I do

    It was only filed with 2 of the 3 names on 3/6/14, filed police report, what else to do

    Sheryl’s Answer

    A quitclaim deed, even though it may have been fraudulently executed, creates a cloud on the title to your property, assuming that the quick claim deed was properly executed with the proper formalities. In order to remove the cloud on title, you will need to file a quiet title action.

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  • How do I get my name off of a mortgage.

    My boyfriend and I purchased a house together and broke up. He is in the house and I'm fine with him keeping it, I just want no affiliation with it.

    Sheryl’s Answer

    Generally speaking, if a person is an owner of the property, he or she would be required to sign the mortgage at the time the loan is made. An owner of the property will not necessarily be required to sign the promissory note, which is the promise to pay the borrowed money back. If you signed the note, you will need to have the loan paid off through a refinance or sale in order to have "no affiliation" with it.

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  • Can CitiMortgage and their rep lawyers firm hold us hostage, holding up the sale by holding the final payoff info???? help me

    At present there are no leans on the property and sale was to take place no later than 3/31/2014 but we are waiting...CitiMortgage and Gladstone law firm will not cooperate with each other...all request for final pay off has been made by myself. C...

    Sheryl’s Answer

    Under the new amendments to the Dodd-Frank Act, a servicer must issue a loan payoff within 7 days from its receipt of a request for one. You need to seek legal counsel in your area to protect your property.

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  • My foreclosure case was dismissed in February 2014 w/o prejudice, can my house be awarded to me due to statute of limitations?

    My last mortgage payment was March 2009. Lender's attorney filed complaint in April 2010 stating that i was in default as of April 1, 2009. case was dismissed without prejudice on February 21, 2014. can they re-file or has statute of limitation...

    Sheryl’s Answer

    The statute of limitations for non-payment or other breach of a mortgage note is 5 years. Exactly when that 5 year period starts to run from is very fact specific and needs to be determined on a case by case basis. You should consult with an attorney experienced in mortgage foreclosure defense for a review of the facts related to your situation for a determination of that issue in your specific case. Good luck.

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  • What are my options when a judge denies the banks motion to cancel sale?

    Our house is set to sell in foreclosure proceedings tomorrow (3/20/14). We have been trying to work towards a modification for a long time now, but LaSalle Bank had been nearly impossible to get in touch with, and were constantly misplacing the p...

    Sheryl’s Answer

    Since you have a pending application for modification, there is new law that would prohibit Bank of America from proceeding to the foreclosure sale. You need to see an attorney experienced in foreclosure law in your area today to prevent the sale tomorrow.

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  • Denied Modification...what does this mean exactly in layman terms?

    below is the reply to my modification...what does it mean? I make to much or to little? Thank you for inquiring to us about your foreclosure avoidance options. We have given your request careful consideration and regret that you do n...

    Sheryl’s Answer

    I compare qualifying for a mortgage modification to snook fishing. If you are fishing for snook, you can't keep a fish that is too big or too small - it needs to fit into a very specific slot.

    When applying for a mortgage modification, under the HAMP guidelines, if your monthly housing payments (first and second mortgages, taxes, insurance, HOA dues) are more than 31% of your gross monthly income, you can qualify for a modification with a payment reduction. However, your gross monthly income cannot be below the amount where your monthly housing payments would be greater than 31% of your gross monthly income if the interest rate was dropped to 2% and re-amortized over 40 years. Thus, like snook fishing, your income cannot be too much or too little to qualify for a modification.

    Based on the facts in your inquiry, I cannot tell if you were denied because your income was to large or too small. However, based on the other facts concerning the amount of time that has expired since your last payment, I would strongly recommend that you seek advice from an experienced real estate attorney to review your entire situation.

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  • How can I find an experienced lawyer in the Hudson,Fl area that will represent me in an affirmative foreclosure defense?

    ON 2/14/14 My motion to dismiss based on the 5 year statue of limitations was denied based on a technicality. The bank did not accelerate the loan until 12/26/2012 even tho there have been 5 years 2months and 25 days of missed payments. Their defe...

    Sheryl’s Answer

    As you have experienced, seeking a dismissal of a foreclosure action based on a Statute of Limitations Defense is a highly technical area of the law. You are wise to seek the counsel of an experienced foreclosure attorney.

    I would be happy to refer to you to an experienced foreclosure defense attorney in Pasco County. Please send me an email to sedwards@edwards-lawfirm.com and I will give you several attorneys who practice in that geographic location.

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

    Motion was stamped 1/21/14. Does this mean I have lost my house!

    Sheryl’s Answer

    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.

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