Archived
When dealing with an In Deed of Lieu process, can the government hold us responsible if the house sells short of the amount due?
Sheryl's answer
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Answered on June 23, 2014
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...
Archived
I had a deficiency balance after foreclosure and I dont want to filed bankrupcty is that he only option?
Sheryl's answer
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Answered on June 23, 2014
Bankruptcy is definitely not your only option. Unsecured debt is difficult to collect in the state of Florida. You need to consult with an...
Archived
Does both Husband and Wife need to be on the TITLE/DEED? Mortgage to only be in husband's name.
Sheryl's answer
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Answered on June 20, 2014
You may own property separately from your wife and she may own property separately from you. If you are purchasing a property for your son, your...
Archived
Is ex husband's signature required at the closing of the sale of the marital home?
Sheryl's answer
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Answered on June 06, 2014
If your divorce is final and the quit claim deed was properly executed, contained no errors and was properly recorded, your husband will not need...
Archived
How do I change the original deed restrictions for lots originally sold by my corporation in Walton County, FL ?
Sheryl's answer
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Answered on May 28, 2014
You will need to record an amendment to the deed restrictions (often called a Declaration of Covenants and Conditions). The amendment will need to...
Archived
What happens after been 5 years in foreclosure?
Sheryl's answer
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Answered on May 27, 2014
While the case is still pending, there is no magic about a case pending for 5 years. However, if the case is dismissed after it has been pending...
In a foreclosure case how can a new mortgage servicer be the "holder" of my note if its been filed with the court for years.
Sheryl's answer
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Answered on May 18, 2014
Servicers aren't holders - servicers are agents for owners and holders. Getting judges to realize this is difficult, but it is an important point...
Archived
What is the length that a bank can pursue a deficiency judgement for a short sale in Florida?
Sheryl's answer
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Answered on April 29, 2014
In Florida, the statute of limitations for a breach of contract is 5 years from the date of breach. The non-payment on a promissory note is a type...
Archived
Served with a "notice of lis pendens by Wells Fargo who is seeking to re-establish my mortgage.
What does that mean?
Sheryl's answer
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Answered on April 28, 2014
It sounds like the original promissory note has been lost - a lost mortgage is not typically a problem in a mortgage foreclosure because the...
Archived
Didn't respond to lawsuit by deadline & now have notice of non-jury trial date, can I still present my side at trial if I attend
Sheryl's answer
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Answered on April 07, 2014
Typically, an offer for a deed-in-lieu of foreclosure is contingent upon a title search and the lender's acceptance of title to the property. When...
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