Sarasota Foreclosure Defense Blog

  • Attorney Sheryl A. Edwards Named to the 2014 List of Florida Super Lawyers®

    || 8-Jul-2014

    The Edwards Law Firm, PL is proud to announce that Attorney Sheryl A. Edwards has been named to the 2014 list of Florida Super Lawyers® . This honor is only awarded to a maximum of 5% of practicing attorneys statewide. Why is being selected to Super Lawyers® a big deal? In order to be selected to this prestigious list, an attorney must meet extensive criteria. The selection process ...
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  • In January 2013, the Consumer Financial Protection Bureau issued several new rules governing mortgage servicers consideration of a borrower's application for loss mitigation which rules became effective on January 10, 2014. Any borrower that is more than 37 days from a foreclosure sale on January 10, 2014 and files a complete loss mitigation application at least 37 days before a foreclosure ...
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  • Today, the Florida Second District Court of Appeal released its earthshattering decision in Focht v. Wells Fargo Bank, N.A. The appellate court is asking the Florida Supreme Court to review the proposition of whether standing in a foreclosure, which has previously been a borrowers #1 defense, can be established AFTER the lender has filed the foreclosure action. It has been a bedrock principal of ...
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  • Tips to Avoid Foreclosing Your Home

    || 2-Aug-2013

    If you are a homeowner, the idea of losing your house can be a frightening thing to imagine; especially if you have a family in the picture as well. Even if you feel as though all hope is lost, don’t give up! At The Edwards Law Firm, PL, we are committed to helping those in the Sarasota and surrounding areas fight against foreclosure, because we understand how valuable our homes can be, in ...
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  • Is the new Florida Fair Foreclosure Act Really Fair?

    || 22-Jul-2013

    On June 7, 2013, Governor Scott signed the Florida Fair Foreclosure Act into law. The Act makes many substantive and procedural changes to how foreclosures are processed by the courts with the intention of speeding up the process. The Act became effective on July 1, 2013 and applies to all new foreclosure actions filed after this date, and with the exception of the provisions of Section 702.015, ...
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  • Sheryl A. Edwards Featured on SNN Local News

    || 23-May-2013

    On Thursday, May 2, 2013, Sheryl A. Edwards was featured on SNN Local News in a segment addressing Florida's foreclosure increase. The news anchor discussed how the American dream of owning a home has become a nightmare for a significant number of people, especially those living in the Sun Coast. SNN Local News reported that Sarasota County has some of the highest rates of people losing their ...
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  • What is a hardship? The answer may surprise you!

    || 21-Mar-2013

    One of the key ingredients to a successful short sale or loan modification is a hardship - the underwater property owner must be able to demonstrate a hardship to obtain a waiver of deficiency or loan modification with a reduced payment. Many of our clients who feel "stuck" with their underwater property do not realize that they are experiencing circumstances that would constitute a ...
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  • Everyone who is considering a short sale of their primary residence is currently in a holding pattern waiting to see if Congress renews the Mortgage Debt Relief Act. The Mortgage Debt Relief Act enables Borrowers to avoid paying income taxes on the amount of debt that is forgiven as part of a short sale where the Borrower sells his or her primary residence for less than they owe. Currently, ...
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  • Clock is ticking on Mortgage Debt Relief Act

    || 19-Oct-2012

    Several weeks ago, Florida property owners started to receive mortgage balance reduction offers from the nation's biggest mortgage servicers under the settlement reached earlier this year in the federal government’s investigation into banks’ wrongful servicing of mortgage loans and fraudulent activity in prosecuting foreclosures. Under the terms of the settlement, five of the ...
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  • On May 11, 2012, the 11th Circuit Court of Appeal (whose decisions are binding in Florida) published its opinion in In re: McNeal. In the opinion, the 11th Circuit ruled that a wholly unsecured second mortgage lien can be stripped off of the property in a Chapter 7 Bankruptcy. For those of you not familiar with bankruptcy, in both a Chapter 7 and a Chapter 13, a debtor's obligation to pay ...
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  • Short Sale after Chapter 7 Bankruptcy

    || 16-May-2012

    We are receiving more and more calls from property owners who are wondering why their lender has not finished the foreclosure on their home after the property owner has filed for Chapter 7 bankruptcy and has received a discharge. Typically, in a Chapter 7 bankruptcy in the state of Florida, a borrower and the trustee will abandon any property in the bankruptcy estate that has no equity. The ...
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  • The Florida Supreme Court has been requested to consider a case asking for guidance on the requirements necessary to set aside a foreclosure sale. Generally, a foreclosure sale can be set aside for inadequacy of the prevailing bid at the foreclosure sale. If the bid is grossly inadequate in relation to the value of the property, courts have been able to set aside the foreclosure sale. However, in ...
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  • Government Program to Review 2009 and 2010 Foreclosures

    || 2-Nov-2011

    The U.S. Government has kicked off a new program that allows homeowners who were foreclosed in 2009 and 2010 to request an "independent" review of their mortgage foreclosure if their loan was serviced by one of 14 servicers, including Bank of America, Chase and Wells Fargo, whose servicing and foreclosure processes were found to have "significant weaknesses". Under the program, ...
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  • Bank of America has just announced new short sale incentives to encourage distressed Florida homeowners to explore short sales and avoid foreclosure. The announcement indicates that homeowners would be eligible for at least $5,000 in relocation assistance payments with a maximum payment of $20,000 - and the homeowner may be eligible for a waiver of deficiency. However, the short sale must be ...
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  • Florida Supreme Court Reconsidering Mandatory Foreclosure Mediation

    || 5-Oct-2011

    Since 2009, mediation has been required in all residential foreclosure actions involving homestead property in Florida through an administrative order issued by the Florida Supreme Court. (Actually, the mediation effort was originally spearheaded by the Twelfth Judicial Circuit's own Judge Lee Hayworth, a trailblazer in the area of the court administration of mortgage foreclosures!) Last week, ...
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  • More Mortgages Trend Toward Foreclosure and Short Sale

    || 28-Sep-2011

    Based upon recently published census data, a dangerously high percentage of mortgage holders in Sarasota, Florida and all of Southwest Florida are in danger of future default and possible foreclosure. In Sarasota County, 41% of mortgage holders spend more than 35% of their income on housing payments (mortgage, insurance, taxes and home maintenance expenses). Real estate consultant Jack McCabe ...
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  • Welcome to our Sarasota Foreclosure Defense Blog

    || 31-Aug-2011

    We are pleased to announce the launch of our Sarasota Foreclosure Defense Blog.
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