Unsure what to say about this week's episode. I fired up the mic after a particularly troublesome "mediation" I had with Ocwen. I put "mediation" in quotes because the bank was clearly not mediating in good faith - and they rarely do.
In a typical mediation, one party starts with one perception of the case, and the other party starts with a competing perception of the case. The role of the mediator is to assist both parties in some middle-ground compromise unless, of course, we're talking about a loan modification mediation - in which case the bank pays lip service and asks the homeowner to provide multiple copies of the same documents. The bank representative then ignores those copies, asks the homeowner to send in yet another copy of the same documents, ignores those documents and then tells everyone at mediation that the bank is missing documents!
In all of my years assisting homeowners in foreclosure, I've walked away from the mediation with a signed loan modification ONCE and that was with a credit union. The purpose of that stat is not to discredit myself or my abilities, but more to point out that the banks never mediate in good faith to try for a resolution. In fact, at one mediation, I had a bank's attorney admit, "the only reason for mediation is to see if the homeowner provided all of the necessary documents."
Luckily, many less people are in danger of foreclosure now than when mortgage foreclosure mediations were created as a specific type of mediation. Hopefully, this is process that will end its uselessness soon, so we can proceed to have good faith discussions on how to resolve mortgage foreclosures.
If you're trying to modify your home mortgage, you could get more relief by hitting yourself over the head with a hammer. Before you do that please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made major revisions to the Bankruptcy Code. In this week's episode of The Crushing Debt Podcast, we talk about one of the more sweeping changes - the Means Test.
The means test is complicated and there is an art and a science to completing the information. The means test is important because it helps determine whether someone can file Chapter 7 (Liquidation) or Chapter 13 (reorganization).
In this week's episode of the Crushing Debt Podcast, we interview Gordon Newton, President and Co-Founder of the Newton Group.
Do you have a timeshare that you don't want anymore? Were you "oversold" on your timeshare? Are you interested in buying a timeshare?
If so, check out "The Consumer Guide to Timeshare Exit" written by Gordon, which is available on his website at www.newtongrouptransfers.com/guide
Although he's not an attorney, I first heard Gordon on The Cash Flow Guys podcast, and talked about a particular nasty timeshare exit client that I have - he was very helpful with strategy.
If you have a timeshare and want to exit out of it, or want to know if its a good idea for you to buy, check out The Consumer Guide to Timeshare Exit, contact Gordon, or contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com
Today is also my mom's birthday!! She turns 21 every year, it's amazing. Those of you who can, reach out and say "I love you" to your moms today, I know I will be!
In this week's episode, I go over Schedules I & J of the Bankruptcy Petition.
Schedule I describes the debtor's income - all sources of the debtor's income: wages, income from operating a business, interest and dividends, family support (like alimony and child support), unemployment, social security, pension, government assistance, and "other." Basically any and every source of income must be disclosed on Schedule I.
Conversely, Schedule J describes all of the debtor's expenses - rent, utilities, food, medical bills, insurance, taxes, car payments, alimony and child support, and other payments that you make. The trick to Schedule J is that the expenses must be accurate, but also reasonable.
Schedule I & J help the trustee determine that the debtor should be in a Chapter 7 (Liquidation) or Chapter 13 (reorganization), and that the debtor's payment to creditors, if in a Chapter 13, is reasonable.
We interviewed personal injury attorney Dale Appell in Episode 123 of The Crushing Debt Podcast. Dale is back for this week's episode. I talk to Dale about different topics like:
- Can a Parent be Responsible for their Kids bad driving habits;
- What to do before calling your insurance company;
- Giving a statement to your insurance company;
- What happens if you're injured at the Hard Rock Casino (or other Native American property); and
- Where can a personal injury lawsuit be filed? What if one party lives out of state? What court, Federal or State, has jurisdiction?
Dale can be reached at DAppell@wefightforjustice.com, or visit his website at www.wefightforjustice.com. Or you can contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
I met Stephanie Heredia from an email she sent me describing the Entrepreneur Center Program on Campus at the University of Tampa (something she is involved with for her business).
Immediately, Stephanie struck me as an entrepreneur on the rise. Her company is www.taxestampa.com where she helps individuals and business owners with bookkeeping and tax preparation services. You can reach Stephanie at Stephanie@taxestampa.com.
From its website: The John P. Lowth Entrepreneurship Center in the Sykes College of Business teaches skills that are critical for today’s entrepreneur. Learning to identify opportunities, prepare executable business plans and hone skills through a combination of classroom study and applied learning, makes our program unique. Entrepreneurship education is the fastest growing field of study in the United States, with entrepreneurs projected to be the group that creates vigorous and sustained economic development worldwide.
Stephanie and I talk about entrepreneurship, and also mistakes students make in filing their tax returns, including: whether or not to file, whether to pay sales tax in their business, and money management.
This week's guest on the Crushing Debt Podcast is going to take two episodes to fully cover all of the great content. However, if you want some behind-the-scenes topics we didn't cover on either show, please visit my YouTube Channel to see some bonus content.
Dale is a 1989 graduate of Duke Law School, and a member of the Multi-Million Dollar Barrister Association - meaning he has won verdicts totaling over $1 million (on a single case).
Dale and I talk about Asset Protection, and how to shield yourself from an attorney like him trying to take your assets after obtaining a personal injury judgment against you. We also talk about what you should do after an accident.
If you're in an accident, call Dale for assistance and let him know that you heard about him from the Crushing Debt Podcast, or contact me for an introduction to Dale - www.Yesnerlaw.com or Shawn@Yesnerlaw.com.
In this week's episode, I talk about an exciting new project from Crushing Debt (you'll have to listen, although I've dropped a few social media hints).
However, I do make an offer for you (my listeners) to be involved in this new project by shooting me an email to Shawn@YesnerLaw.com.
To continue to provide additional content, I give you my take on 1031 Exchanges and how those can impact real estate closings. I am not a qualified intermediary, nor are we tax attorneys or CPA's, but I have done enough 1031 exchanges in my day to understand the law behind the exchange of like-kind properties to defer the taxable gain on the sale.
For more information, check out my website at www.yesnerlaw.com.
Last week's episode was about reverse mortgages. This week's episode of the podcast features Jeannine Smith, loan officer with Fairway Independent Mortgage, and we discuss mortgages in general.
Jeannine's email address is Jeannine.Smith@fairwaymc.com and her website is www.jsmithmortgage.com. Jeannine has been in the mortgage industry for about 12 years, since 2006.
Buying a house is easier than you might think. Jeannine and I dispel myths, like how much you may need in a downpayment, and how your credit score impacts your ability to get a mortgage. We also talk about best practices and what you can do to better qualify for a loan.
Fairway Mortgage is a lender offering a range of products. Jeannine is focused on helping Veterans obtain VA loans, and educating those who might qualify on the pros and cons of that, and other, loan products.
You can get ahold of Jeannine at the links above, or contact us at Shawn@YesnerLaw.com or www.YesnerLaw.com. What are some other myths you have about mortgages that we can help dispel?
Michael and I discuss the myths and truths of a Reverse Mortgage. Michael is a frequent speaker on the use of home equity during retirement.
I have a very special guest on this week's episode. Jimmy Murray is a friend and fellow Podcaster, also part of the Florida Podcaster's association. If you have young kids, check out his podcast, The Kid Friendly Joke of the Day!
Jimmy has done Stand-Up Comedy, Improv, Blogging and Podcasting, but for our show, his biggest accomplishment has been paying off over $80,000 of debt comprised of Medical Bills, Credit Cards, Student Loans, and a few Judgments. We talk to Jimmy about his journey to become debt free.
You'll learn some of his secrets on reducing or cutting monthly expenses, using your money to reduce your debt, and remaining accountable to yourself, your family and your goals.
If you have questions, or want help to get out of debt, email me at Shawn@YesnerLaw.com, or visit the Firm's website.
Twice a year my homeowner association hosts a community garage sale. Previously (episodes 68 and 86) I discussed lessons that I've learned selling my sh ... tuff at the community garage sale. This week's episode describes another lesson learned, this time at the Spring 2018 garage sale.
If you have questions, please visit my website, or email me at Shawn@YesnerLaw.com.
In this week's episode, I interview Patty Durell and Marleta Black.
Patty owns Rock Solid Fitness since 2012 and has been a physical therapist since 1994. Each year, Rock Solid has achieved over 40% growth and now has 10 staff. Patty is on the show to discuss how your physical health impacts your ability to handle debt and stress.
The growth of Patty's company can be attributed to her work with Marleta Black, who has 31 years of small business and leadership consulting, running teams of 5 to 120 employees using her degree and training as a psychologist. As Patty is Marleta's client, Marleta is also Patty's client and they have a great personal and professional relationship.
Patty, Marleta and I talk about making and keeping goals and how those skills can help you eliminate debt.
Patty can be reached at Patty@RockSolidFitnessFL.com
Marleta can be reached at Hello@MarletaBlackCoaching.com
Any questions, I can be reached at Shawn@YesnerLaw.com or at the Firm's website.
Our last episode of May is an interview with Rich Carey of www.RichonMoney.com.
Rich is our third military interview in as many weeks, and is currently in the US Air Force, 2 years from retirement. On his website, www.RichonMoney.com, under the Real Estate Tab, you'll find his "Complete Guide to Real Estate Investing."
Rich flipped houses in Washington D.C. to help build his income, he purchased rental properties for cash, he paid off $32,000 in student loans, and his $280,000 mortgage in six years !!
This week, we interview Financial Advisor Forrest Baumhover with Westchase Financial Planning.
Our office is located in Westchase, just outside of Tampa, Florida. We met Forrest with a Keep It Local networking group. We both enjoy running, and helping people manage their money. In fact, both Forrest and I will be at FinCon, September 26 - 29, 2018, in Orlando, FL.
Forrest retired from the Navy in April 2017, and now helps his clients understand and plan for retirement. You can contact Forrest at Forrest@WestchaseFinancialPlanning.com or www.WestchaseFinancialPlanning.com. Or you can reach me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
In this week's episode, we interview Doug Nordman ("Nords") about his book The Military Guide, which you can find on his website, the-military-guide.com.
Nords joined the Submarine Force (Navy) right out of college and, upon retirement, found that there was a lack of information to show military members how to retire without having to go back to work. The Military Guide provides service-members, veterans and their families with a road map for becoming financially independent.
For more information, visit his website, or contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
In the week's episode of the podcast, I talk to Chris Costello, Chairman and Co-Founder of Blooom.com (with three "o's").
You'll hear the story of how Blooom.com got started in 2004, how the company created its vision and mission (and sticks to those ideals consistently). Chris and I talk about why he started a DIY Financial Planning Company and the challenges most of us face when dealing with "traditional" financial advisors.
Chris even throws in a few tips on how he manages his debt, and his finances.
For more information, visit their website at www.blooom.com, remember there are three "O." And for more information about the all of our episodes, please visit our website at www.YesnerLaw.com or email me directly at Shawn@Yesnerlaw.com.
In this week's episode of the podcast, we interview our friend, Jim Jenkins, founder of Jenkins Law.
Jim started Jenkins Law in 2013 following stints as a Pinellas County Assistant State Attorney (prosecuting people who violated criminal laws), and as an associate attorney at a large Clearwater firm handling personal injury matters.
In fact, just about 3 years ago, Jim's wife, Kelly-Ann Jenkins joined the firm as a partner, and helped Jim grow a firm that now has multiple staff and 2 other associate attorneys. Jim, Kelly-Ann and the team handle criminal law, personal injury law, and insurance litigation (first-party and third-party litigation).
In today's episode, Jim and I discuss first party insurance litigation - where you sue your own insurance company for damages covered by your insurance (versus third party litigation, where you sue the insurance company of the person who injured you).
For more information about first party litigation, or if you have questions about your rights under your own insurance policy, contact Jim through his paralegal Kate at Kate@JenkinsLawPL.com, or visit the website at www.JenkinsLawPL.com.
Or, if you want us to make the introduction to Jim and his team, contact us at Shawn@YesnerLaw.com or www.YesnerLaw.com.
This week's episode is an issue we get quite often unfortunately.
What happens when the Seller knows about a defect with the house and fails to disclose it?
What happens when the Seller does not know?
What happens when the inspector misses an issue with the house?
What happens when the Realtor knows (or doesn't know) about an issue with the house?
What is the main case in Florida that discusses this issue?
Another week, another guest from Podfest Multimedia Expo 2018. This week's guest is Ryan Kairalla, an entertainment law attorney.
You can connect with Ryan:
Also check out the Break The Business Podcast, and Ryan's book, Break the Business available on Amazon, Audible, Apple Podcasts and other book outlets that don't begin with the letter "A."
The deadline to file your personal income tax return is in a few days. Therefore, in Episode 109, we talk with Craig Cody, who we met at Podfest 2018, about the 10 Most Expensive Tax Mistakes that Cost Business Owners Thousands.
You should use your CPA as a resource to plan for your business. And in that spirit, Craig is offering all of our listeners a gift. You can pick up Craig's book at:
On this week's episode, I talk about a recent case: The mortgage lender modified my client's loan and put the arrears at the end of the loan. Years later, the mortgage lender wrote off the debt and issued my client a 1099-C, Forgiveness of Debt, showing the home owner had phantom income. Sometime later, the client came to me to file a Chapter 13 bankruptcy. When the lender filed its claim in the bankruptcy case, the lender included the amount of debt previously forgiven!
The status of the law is unclear and states differ on the effect of issuing the 1099-C form (Florida hasn't made a decision as far as I know). How did we resolve the issue? If I gave it way in these notes, why would you listen to the episode?
If you file bankruptcy and your creditors try to pursue debt previously forgiven by a 1099-C, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
This week's episode of the podcast is an interview with Dave Fulk and Frank Coto with Hello Alex.
Check out what Hello Alex can do at HelloAlex.io
Hello Alex is an Artificial Intelligence system to help Realtors communicate with their clients and prospects. Hello Alex helps Realtors convert leads over multiple platforms using Artificial Intelligence (text, FB messenger, Live Chat, etc.).
Christie is back for her fourth episode of The Crushing Debt Podcast. Bear with me this week, as I deal with some laryngitis.
Christie and I have discussed student loans, but in this episode, we're going to talk about consumer law - the TCPA (Telephone Consumer Protection Act).
The TCPA is designed to stop robocalling, and abuse or harassment of borrowers by creditors. Creditors can pay damages of between $500 and $1,500 PER CALL if they are told to stop making calls and cease to do so.
To contact Christie, visit her website www.ChristieArkovich.com or 813-258-2808.
We have a great guest to kick off Year 3 of content here at The Crushing Debt Podcast.
We met Mary Wheeler, of Abundant Wealth Solutions, at PodFest Multimedia Expo 2018 this past February in Orlando, FL.
Mary is a financial coach who holds local workshops, speaking to high school and college students about the dangers of debt. Mary's mantra is "Know debt, no problem!" and that makes her a perfect guest for The Crushing Debt Podcast!
What we found incredible was that Mary eliminated over $30,000 of debt in 96 days! Hear her story and her tips in this week's episode.
Mary can be reached at www.abundantwealthsolutions.com