In this week's episode of the Podcast, we interview attorney Loren Pincus, with the firm Yanchuck, Berman, Wadley, Zervos & Thomas. Loren focuses on Criminal Law and Personal Injury Law.
What should you do if you're involved in a car accident? In this week's episode, Loren answers this question, as well as other questions like Uninsured or Underinsured Motorist Coverage, Bodily Injury Coverage, PIP Coverage, and Florida's recent law change that requires someone involved in a car accident to see a doctor within 10 days of the accident.
Bankruptcy Chapter 6.5 is a term of my creation and it references a situation where a homeowner files Chapter 13 bankruptcy to save their home through a mediated loan modification, but then dismisses the bankruptcy once the modification is completed - thus completing half of a Chapter 13 reorganization (13 divided by 2 equals 6.5).
Recently, I posted a blog article and related podcast that asked the question "Why is Bankruptcy so Odd?" In that article, I never discussed Chapter 6.5. You won't find Chapter 6.5 in any bankruptcy law book, code book, or rule book. You won't even find it amongst any slang around the courthouse (unless, of course, this podcast episode and its related blog go viral).
Today's episode covers when this might be a good strategy for someone in bankruptcy or foreclosure, and also covers why this strategy exists in the first place - it has to do mostly with the way payments are accepted and applied by the Chapter 13 Trustees here in Tampa, Florida.
We hope you enjoy this episode. If you have any questions, or if you have topics that you think would make a great future topic, please contact me at by email at Shawn@Yesnerlaw.com, or visit the Yesner Law website.
After a Thanksgiving Break, we're back!
In this week's episode, we interview Attorney Nick Ekonomides again, but this time on the issue of commercial foreclosures.
Commercial Foreclosures are different than residential foreclosures. Many of the defenses available in a residential situation are unavailable to the commercial defendants. In addition, other issues like assignment of rents and receivers often come up in commercial foreclosure litigation.
In this week's episode of the podcast, we discuss bankruptcy and why it is broken into all odd-numbered chapters, except for one even-numbered chapter. We also go into a little detail about the differences between all of the bankruptcy chapters.
We hope you enjoy this week's episode. Please let us know if you have any questions, comments or topics you want us to cover in future episodes.
In this week's episode of the podcast, we interview Matt Friesz with Properly Inspected Home Inspection.
When buying a house, we HIGHLY recommend obtaining a home inspection and Matt is one of the best in Tampa Bay. We discuss what a home inspection covers and what it doesn't cover. We discuss what types of inspections Matt performs; he can do inspections for home buyers, home sellers, insurance purposes, and for other reasons.
There's even a horror story or two in this week's episode.
To contact Matt, please visit his website: www.properlyinspected.com.
In this week's episode, we interview Nickolas Ekonomides, who practices in civil litigation. Civil litigation and Nick's practice primarily focuses on disputes between businesses that owe money or are owed money.
Nick and I discuss non-compete agreements, exclusivity agreements, and other issues that cause disputes between business owners or landlord / tenant.
In this week's episode, we interview Barb Hennessey with The Joy Within, a company that uses somatic intuitive training to help people release and recover from their emotional stresses. Barb can help people who have any type of emotional pain or trauma: the loss of a loved-one, PTSD, financial trauma. This is where Barb overlaps with Yesner Law; she can help people who are upset at their current financial situation, where we can help people keep their creditors at bay, or eliminate those creditors entirely.
We come across situations often where one spouse wants to file without involving the other spouse. Maybe one spouse carries the debt. Maybe the parties are divorcing. The questions I get most often are: (1) can I file alone? (2) what happens to the debt of the other spouse? (3) how else will my spouse be affected.
Sometimes this also comes up in situations where one roommate wants to file, and I've even had this happen a few times where the parties are in a relationship (whether straight or gay) and the question is "how does this affect my significant other?"
The answer is that it really won't affect the non-filing party. We explain further in this week's episode of the podcast!
In this week's episode of the Yesner Law Podcast, we interview David Rosenthal, who is a commercial real estate agent here in Tampa Bay.
David has accounting experience and experience with helping his clients review a commercial real estate deal to see if it is a good fit for the client's needs.
Commercial and Residential real estate are really two completely different things. Most residential realtors know nothing about commercial real estate.
If you'd like to contact David, please call 813-245-7333. David@GrimaldiCommercialRealty.com.
Hello Yesner Law Podcast listeners. This episode is all about Wells Fargo and Bankruptcy. I wrote a blog about this topic below. For this week's episode, I simply read the blog post because I think the content is still good and accurate. I hope you enjoy. If you have questions or ideas for another episode, please contact me at Shawn@yesnerlaw.com or www.YesnerLaw.com.
Each night, as we sleep, Wells Fargo combs the Federal electronic database of all new bankruptcy filings looking for a customer that filed Chapter 7 bankruptcy. When that happens, WF freezes the clients checking and savings accounts, thus denying the depositor access to his money.
The apparent authority for Wells Fargo to do this comes from a United State Supreme Court Case, Citizens Bank of Maryland v. Strumpf, 516 U.S. 16 (1995). In that case, the Supreme Court ruled that a deposit account is "nothing more or less than a promise to pay, from the bank to the depositor" and the bank's "temporary refusal to pay was neither a taking of possession of ... property nor an exercising of control over it, but merely a refusal to perform its promise." Accordingly, the Court ruled that the freeze was allowed and did not sanction the bank for its conduct.
Wells Fargo banking customers who live in the Tampa Bay Area and other areas comprising the Middle District of Florida will have to do some pre-bankruptcy planning. The most logical strategy is to move the money from a Wells Fargo bank account to another bank (as of the writing of this article, Wells Fargo is the only bank that imposes this account hold.) Another possible strategy is to remove sufficient case funds to cover regular expenses until such time as the Chapter 7 Trustee has an opportunity to review the schedules and send notice to Wells Fargo that the hold can be removed. Although this process normally takes a few days, it could take up to 30 days or more. Both of these strategies will have an impact on a debtor's bankruptcy petition and must be disclosed within the schedules. Thus having experienced legal counsel is a necessity when making a determination whether bankruptcy is the best option.
... or we could try to get Wells Fargo to change their policies ...
Episode 33 of the podcast features our friend Tanya Cielo of Sky Strategic Marketing, a full service marketing agency based in Tampa Florida. The Sky team specializes in helping business owners soar above their competition and claim their unfair share of business in the marketplace!
Tanya helped me with a presentation titled "Avoiding the Business Card Graveyard." In this episode, Tanya and I discuss tips and techniques for working a networking event and turning those business cards you collect into relationships, rather than letting them slip into a desk drawer forever.
Did you know that Freddie Mac maintains an "Exclusionary List?" Real Estate professionals, including Mortgage Originators, Realtors, Title Companies, Attorneys, Surveyors, Appraisers, and others associated with a real estate transaction may find themselves on this list if they do something that could potentially cause harm to Freddie Mac or its investors. If someone is on the List, they are
The process is fairly one-sided. When Freddie Mac perceives someone should go on the list, they send a letter giving the party 30 days to respond. If they fail to respond, or Freddie Mac rejects their response, the person or entity finds themselves on the list. They can apply to come off the list two years after being on the list and then annually thereafter.
The challenge is that Freddie Mac will not explain how to come off the list, nor why a request to come off the list was approved or rejected.
Yesner Law has helped many real estate professionals come off the list and, in this episode, we describe our experiences (both successfully and unsuccessfully) with the Freddie Mac Exclusionary List.
If you have questions, please contact us at Shawn@YesnerLaw.com or www.yesnerlaw.com.
Recently, I posted a blog article titled "Your Attorney's Biggest Frustrations." That post flowed from an idea that I recorded, which became this episode. Why is it important to manage our clients' expectations? What can we do for clients, and what are we sometimes unable to do for clients?
Our goal is to eliminate our clients' financial bullies. It would be difficult to do that if we become another of those bullies! Therefore, clear communication and realistic client expectations are key. We've taken on work where we may have faced a legal or factual uphill battle because our client had clear goals and expectations. Conversely, we've declined work where we had a good chance at prevailing, because a "win" in court would have poorly translated to the "win" the client was seeking by hiring us.
What are some other thoughts you have about client expectations in managing the relationship between you and your lawyer? We would love to hear your comments.
In this week's episode, we interview Kerry Kott with Pure Elements Healing. The intent of the podcast is to provide information to help relieve people from their financial stresses and bullies. Pure Elements Healing helps to relieve every day stresses, and makes their clients feel safe and secure.
Pure Elements Healing offers a variety of stress relief services, including Acupunture, Facial Rejuvenation, Food Healing and Coaching, Essential Oils, Meditation, Yoga, Cupping (made famous at this year's Olympics), and Ear Seeds. Kerry can be reached at www.pureelementshealing.com.
In this week's episode of the podcast, we talk about different questions a debtor may receive from the bankruptcy trustee.
We've covered hundreds, maybe thousands, of these types of creditor meetings over our career and we're pretty comfortable that we've heard almost every question the trustee could ask.While the episode does not contain everything the trustee will ask, it does hit the major points.
This podcast tracks a blog post we wrote on the same topic: http://www.yesnerlaw.com/blog/2016/08/what-will-the-bankruptcy-trustee-ask.shtml
In this week's episode of the podcast, we describe situations where someone who has filed bankruptcy in the past has to file again for the second or third time.
We previously posted a related blog describing how long someone has to wait between filing bankruptcies, assuming the previous bankruptcy was successfully discharged. You can find that blog here:
In this week's podcast, we discuss a couple of other related issues around the same topic.
In this week's episode of the podcast, we interview Sara Chiarilli, owner of Artful Conceptions, LLC. Sara is an interior designer, which means that she has a degree in interior design, versus an interior decorator who is someone without a degree who may have an eye for decorating (or maybe not).
What are some other differences between Interior Design and an interior decorator? What can Sara do in a Commercial Space as opposed to a Residential Space? How does Sara help with a room remodel? Find out in this week's episode!
Sara can be reached at her website: http://www.artfulconceptions.net/, or on her cell phone is 941-539-4322 if you have any questions.
Episode 26 of a weekly podcast means we're half-way to one year's worth of episodes! We appreciate the support of our listeners!
In this episode, we answer a question from one of our listeners! Our listener, Tyler, bought property at a foreclosure sale of a junior lien (second mortgage, condo association, etc.). Now the first mortgage is foreclosing to take the house away from the investor. What can our investor/buyer do to protect himself?
Great question! Two answers:
1. Pay off the superior lien in full; or
2. Get the former homeowner's cooperation and negotiate a short pay off with the foreclosing lender.
One other option is to rent the house for as long as possible to recoup as much of the investment as possible, until the bank finally forecloses and takes the house away. If this is a solution then notice must be given to the tenant so that they are not surprised by a subsequent foreclosure sale.
The title of this podcast, "Lien Priority" comes from the system of determining which lien is first in line. What allows the first mortgage to foreclose even after the second mortgage or homeowner's association has foreclosed? Why can the second mortgage or other junior lien foreclose without naming the first mortgage in its foreclosure action? Why do none of these include the County Property Tax Collector in their foreclosure actions? The answer is based on the concept of lien priority.
The great Benjamin Franklin is famous for saying, "An ounce of prevention is worth a pound of cure." That is likely the best advice in this situation in that foreclosure sales are "buyer beware." Therefore, doing your due diligence BEFORE buying the property could prevent issues or losses like the one described by our listener.
We appreciate the question and have more that we'll be answering in future podcasts, and on the blog (http://www.yesnerlaw.com/blog). Of course, we would enjoy answering more of our listener's questions, so please email those to Shawn@Yesnerlaw.com.
This week, we interview Kelly Jenkins, who helps with merchant services - in other words, credit card processing. Kelly sells the technology and point of sales systems (POS) for companies that want to take credit card payment (Yesner Law does take credit card payments, FYI).
Kelly has had many different experiences in her career, including being a sales associate for personal training, her merchant services business, and her Hidden Kitty Litter Box business, which can be found in the link below:
Kelly has a great story about how she got her job in Merchant Services, and using her sales skills to create two careers - merchant services and direct product sales. Kelly's hidden litter box business was designed to solve a problem that Kelly had related to her pet cats, and provides decorative furniture to cat owners to hide the litter box, and the smell created by the litter boxes.
In this week's episode of the Yesner Law Podcast, I discuss the Mortgage Debt Relief Act ("MDRA"). This law provides that forgiveness of debt income, or phantom income, related to the foreclosure or short sale of a primary residence is non-taxable if the loan deficit that is waived is related to a loan used to buy or make improvements to the house.
When you complete a short sale or lose a house to foreclosure, the bank may choose to waive the deficit - the difference between the amount owed on the loan and the value of the house. The IRS sees that as a benefit (a debt that is due but does not have to be repaid). The bank reports this by issuing IRS Form 1099-C. Many people misunderstand that the MDRA only excludes the income, the MDRA says nothing about the issuance of the Form 1099-C. What I explain to clients is that they need to file the form 1099-C with their return, AND file the proper forms to show the IRS the deficiency is excluded as income. Of course, the mechanics of how to do that fall within income tax guidelines and so we refer to a CPA or Tax Attorney at that point.
The MDRA is set to expire on December 31, 2016. It is our guess that the law might not be extended into 2017, but that may also be reliant upon the outcome of our upcoming presidential election. Stay posted to our website (www.yesnerlaw.com) or email me at Shawn@YesnerLaw.com for details on the MDRA as they develop.
In this episode, we interview Kathryn (Katie) Davis with AFLAC. Oftentimes clients come to us because of a major medical issue that drains their funds. If the medical incident is severe, it may create a shortfall in the budget causing the mortgage, credit card bills and other debts to fall behind. Plus, hospital and doctor bills are often a major factor causing people to file for bankruptcy. AFLAC provides short term relief. Katie and I discuss the advantages of AFLAC, why someone may want to purchase AFLAC, and how AFLAC will provide some relief when a major (or accidental) medical procedure is necessary.
Katie can be reached by email at Kathryn_Davis@us.aflac.com.
Welcome back to another episode of the podcast. We try to keep each episode to a maximum of 10 - 12 minutes and last week's topic was too big to squeeze into one episode, and we will likely devote more episodes in the future.
In Part 1, we discussed those investors who want to flip properties to create cash. In this episode we discuss real estate investor strategies for those clients who want to buy and sell contracts. We also talk about strategies to buy and hold property, to build wealth.
This episode of the Yesner Law Podcast is dedicated to our real estate investor clients. In this episode we discuss real estate flips or simultaneous closings. Where can investors get in trouble with these types of deals? How can real estate investors protect themselves in these types of transactions.
Please also check out a friend of the lawfirm, Tyler Sheff, with The Cash Flow Guys and his podcast. You can find Tyler at www.CashFlowGuys.com. Tyler is one of the real estate investors that we think does things properly and his podcast is devoted to helping new, and experienced, real estate investors.
This is Part 1 of two podcasts devoted to this topic. Please check back next week for Part 2.
As always, if you have questions on this topic or any future topic, please email me at Shawn@Yesnerlaw.com or visit our website at www.yesnerlaw.com. You can also find us on Social Media on Facebook, Linkedin, Google+ and other social media sites.
In this episode of the podcast, we talk with probate attorney Cristin Silliman regarding what happens when someone dies without a will. We seem to be losing many of our favorite artists and actors in 2016, and surprisingly many of them pass away without a will. This leads to infighting between family members over an estate that could be worth millions of dollars. Cristin helps clients plan for the inevitable, to keep your family secure in knowing what happens to your stuff when you pass away.
Cristin is the owner of The Legacy Law Firm, LLC in Oldsmar, Florida. Cristin graduated from Florida Coastal School of Law in 2007. She initially worked as an Assistant State Attorney in Clearwater, FL before opening her firm. Cristin's website is http://www.thelegacylawfirmllc.com and she can be reached by email at email@example.com.
You can contact us at www.YesnerLaw.com or Shawn@YesnerLaw.com, and please visit our Facebook and other Social Media pages. Thank you for listening to the Podcast, and we would very much appreciate if you would leave a positive review or comment if you enjoy the content.
Thank you for your patience as we migrated the Yesner Law Podcast from one platform to the next. All but our first podcast episode migrated from one website to the other, so we are re-releasing Episode 1.
In this first episode of the podcast, we look back on the "Speedy Foreclosure Law" that was passed by the Florida Legislature, and how that has impacted foreclosure law in Florida. Have foreclosures sped up? Has the new law helped, hurt or had no impact?