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
In this week's episode of podcast (the last of Year 2), we talk about Property Tax Portability.
Applications to qualify your FL residence as your Homestead were due March 1, however what happens if you move from one primary residence to another?
Florida has a "Save Our Homes Cap" that prevents the taxable value of the homestead property from increasing by more than 3% from year to year. Previously, when the homeowner moved, they lost that 3% cap. In response, the Legislature enacted "portability" that allows the homeowner to carry with them (to port) their 3% savings from one homestead to another.
In this week's episode, we talk about bankruptcy cases that are DOA or Dead on Arrival - meaning a bankruptcy case that is dismissed within 6 months of being filed.
This week's episode is based on an article in the ABI Journal article written by Ed Flynn, a consultant with the ABI (American Bankruptcy Institute. You'll remember Mr. Flynn, who also wrote an article that was the basis for Ep 79, Chapter 13 Success Rates.
Today's episode reviews different factors that may cause a case to be DOA - or dismissed within 6 months. Some of the factors analyzed by Mr. Flynn include:
Filed pro se (without an attorney)
Filed jointly (by husband and wife)
A second or third filing
Filed without paying the filing fee
Filed "bare-bones" (without supporting schedules)
Involved real property
We discuss all of these statistics, as well as give our spin on Mr. Flynn's findings. If you want to see the article written by Mr. Flynn, please email me at Shawn@YesnerLaw.com.
This week, we have a returning guest - Michael Holmes with Delta Credit Restoration. Michael was a guest on Episode 94.
In this week's episode, we talk about Debt Negotiation, and the creditor's violation of debt collection laws. If you're being contacted by a debt collector, there are some things you can do to protect yourself.
To contact Michael, visit his website or call him at 813-567-5855
This week's episode is an interview with Attorney Carmen Dellutri, a Board Certified Bankruptcy Attorney.
Carmen can be reached via his website.
Or order his new book on Amazon: Are You The Next Success Story? Take Back Control of Your Finances
Email Casey Byrus: CByrus@DellutriLawGroup.com and let her know you listened to this show, Carmen will mail you a book for free !!
Carmen and I talk about creditor harassment and how you can use the bankruptcy laws and consumer protection laws to help eliminate their debts.
I struggled with whether to make Episode 100 something different, or business as usual with another Crushing Debt Topic.
I hope you enjoy this combination of the two ...
I take a look back at the topics we've covered and the guests we've interviewed, to get a sense of where we've been, and where we are, so we can produce great content for you for the next 100 episodes.
If this is the first episode you've listened to, Thank You !
If you've been a listener for the last 99 episodes, Thank You!
This is my podcast, but it is for you, so what topics do you want me to cover? What guests do you want me to interview? How can I help you eliminate those financial bullies in your life?
In this episode of the podcast we talk, again, to Christie Arkovich about student loan debt relief.
Did your parents co-sign for your student loan? Did your parents borrow money to pay for your education? Federal Parent Plus loans are exactly that, money that mom and/or dad borrow so their child can go to school. In most cases, the child has an agreement to pay back mom and dad, but this agreement has no impact on the Federal Student Loan and its repayment. So what happens if the child cannot pay back the loan, in other words pay back the parents? Unfortunately mom and dad are still on the hook to the loan company. Christie has some good suggestions to help ease the pressure on mom and dad.
Christie and I also talk about a new Fannie Mae program where the homeowner can borrow money secured by a second mortgage against their home, to pay off their student loans - basically converting student loan debt into mortgage debt. You'll hear why I think this is a HORRIBLE idea, and you'll hear Christie's take on Fannie Mae's offer to help student loan borrowers with this new loan product.
This week's guest is a returning guest from Episode 92 ("What's Your Relationship with Money?"). In this episode we discuss how to B.O.U.N.C.E. back from setbacks.
BOUNCE stands for:
Efficacy (having a sense of the ability to achieve or esteem)
In this episode we talk about how to change or overcome your beliefs. What are some of your beliefs in terms of money and overcoming set backs?
For those of you who want to visit the Yesner Law YouTube page, you can see a great out-take from our recording of this episode!
In this week's episode, we interview Michael Watkins with Tampa Bay Advisory, LLC.
Michael's company helps with tax incentive recovery - basically the ability to reduce a company's bottom line so that the company pays less taxes and makes more money. Most people know this as cost segregation, which is the ability to depreciate certain asset classes on an accelerated basis different than other asset classes.
You can contact Michael at MWatkins@tampabayadvisory.com, call him at 727-243-6467.
In this week's episode of the Crushing Debt Podcast, I get away from interviews for a bit and talk about Usury Laws.
Usury Laws protect consumers from lenders who charge an excessive rate of interest. I had a usury issue come up in one of my cases and I thought it would be interesting to explore the issue in the podcast.
The issue is whether unpaid late charges on a mortgage can be "captured" as interest to drive up the interest rate on a residential note and mortgage to a level over 18% (which is usurious in Florida).
Welcome to the first Crushing Debt Podcast of 2018!
In Episode 95, I interview Gordon Firemark, an attorney for the past 25 years, who helps artists, writers and producers achieve their dreams.
Gordon is also a podcaster. His show is The Entertainment Law Update Podcast.
Gordon and I discuss Entertainment Law and Intellectual Property Law (copyrights and trademarks).
Gordon also has The Law Podcasting Podcast - how to help attorneys create manage and promote their own podcast (I was a guest on that show).
Finally, Gordon has a course on how to protect your online course and seminar, as well as a ton of other material on entertainment law and intellectual property law.
If you have specific questions, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com
In this week's episode of the podcast (our last of 2017), I interview Michael Holmes with Delta Credit Restoration, which helps clients with debt settlement and credit restoration.
Delta Credit Restoration is unique in that they will only seek to eliminate inaccurate information from your credit report, and they also try to educate borrowers to get better decisions around credit so that their clients don't continue to make the same mistakes that got them into the credit trouble to begin with.
In addition, Delta Credit Restoration provides a reasonable alternative to bankruptcy by helping to settle debts that are behind - although they are NOT a debt consolidation company.
You can contact Michael at 813-567-5855 or www.DeltaCreditRestoration.com.
Have a Happy and Safe New Year and we'll speak to you again in 2018!!
In this week's episode, we have a returning guest, attorney Christie Arkovich, discussing student loan forgiveness under the Public Service Loan Forgiveness Program.
Christie and I talked in Episode 50 about different ways to eliminate or negotiate student loan debt.
Today, we talk about the Public Service Loan Forgiveness Program - which is a 2007 program instituted by President Bush, that allowed student loan borrowers to pay based on what they could afford, and satisfy the debt after a certain period of time (without paying it back in full) if they worked in a public service industry (versus working in the private sector).
The problem is that many student loan borrowers are NOT in the program, even though they believe they are, and are being told by the student loan companies that they are in the program!
Christie can help if you believe you are in one of these programs, or if you want to see if you qualify for one of these programs. Christie can also help if you have other student loan issues.
This week's guest on the Crushing Debt Podcast is Robin Lavitch with Surpass Your Goals. Robin is a professional coach for businesses, professionals and tweens.
Robin and I discuss your relationship with money, and how your mindset determines how much money you have!
Do you experience a situation where you always struggle with having enough money, or do you think "I'll always be okay" and money seems to appear when you need it most? This stems from your relationship with money.
Robin can help you identify your relationship with money, so that you know what you can change to "get" more money.
You can visit Robin's website at: www.SurpassYourGoals.com
Nick Raithel is back as a guest on the Crushing Debt Podcast.
Nick is back promoting the REI 7-Hour Book, a version of his 7-hour book system to help Real Estate Investors (REI) develop their own 7-hour book.
Nick was previously on the show in Episode 64, and his system will help you:
- Be viewed as an authority figure in the Real Estate Investor Space
- Stand out from other investors (competitors) in your market
- Create speaking opportunities, and other branding opportunities.
To find out more information, please visit Nick's website: www.ContentCorps.net/Yesner
To be completely transparent, following this link will benefit Yesner Law in tracking referrals to the REI 7-Hour Book from The Crushing Debt Podcast - but ultimately this opportunity benefits you who want to write a book, but don't have the time to do so.
Julie Shopa is a Profit First certified professional and, through her business, Clarity Finances helps her clients with bookkeeping and interpreting the financial health of her clients using the system created by Mike Michalowicz in his book Profit First.
The Profit First system focuses on the formula "Sales - Profit = Expenses" rather than "Sales - Expenses = Profit." The system focuses on the adage "pay yourself first."
This is the third Thanksgiving that The Crushing Debt Podcast has been in existence, but this is the first Thanksgiving where I have released an episode.
I thought it would be a good idea to talk about what I'm thankful for in 2017.
What are you thankful for in 2017?
What great things have happened for you in 2017?
Who do you want to mention in 2017?
Please let us know all the great things that have happened to and for you in 2017.
Polly Bauer is the go-to expert for all things credit. After 35 years as a global credit expert, including consulting with major credit card organizations and multi-billion dollar corporations, she believes that credit is the new money. It’s energy. Past President & CEO of Home Shopping Network Credit Corporation, two-time award winning Author of books about credit, International corporate speaker, and Host of Swipe! Podcast.
Polly is passionate about helping consumers harness their credit power with sound credit principals and intuitive wisdom.
The Crushing Debt Podcast has a great relationship with Polly and with Swipe! The Podcast, and we hope you enjoy this episode.
What are some of your tips and tricks for maximizing your Black Friday shopping experience? Let us know at www.Facebook.com/YesnerLaw.
You can reach Polly at: www.SwipeThePodcast.com, Swipe! The Podcast on Facebook, or @SwipeThePodcast on Twitter.
In this week's episode, I interview Tonya Lonsbury, a realtor with Berkshire Hathaway Home Services.
I first met Tonya a few years ago when she worked for a marketing company, but then she left Florida to pursue some other opportunities in Tennessee and Atlanta, GA.
Now, Tonya is back! Tonya has a very strong background and understanding of the home buying and selling process as well as mortgage origination.
Tonya's goal is to make sure that you live in a home that makes you happy, that makes you enjoy getting up in the morning, that makes you enjoy your neighborhood and your neighbors. Tonya truly wants to make sure that home is where the heart is.
You can reach Tonya at 727-280-6631, or Tonya Lonsbury Realtor on Facebook, or by email at firstname.lastname@example.org.
My community has a garage sale twice a year and in this Fall's community garage sale, a lesson occurred to me - presentation is everything.
In episode 68 of the podcast, I analogized creditor negotiations with negotiating at a Garage Sale.
In this week's episode, I share negotiation lessons that I learned from participating in our community garage sale, specifically regarding how an item's presentation impact its sale-ability. Using that analogy, if you are a real estate investor (or in sales of any kind) how are you presenting your properties, how are you presenting your offers, how are you presenting yourself?
These are all topics I discuss in this week's episode. If you have any feedback on "presentation" please comment, and if you like the episode, please share with others you know who are in sales.
Just a few days prior to Halloween, I get to discuss a scary topic - ZOMBIE DEBT !!
You'll likely have a few Zombies show up to your house on Halloween, but we're talking about a different type of undead...
Zombie Debt is debt that was eliminated because it is beyond the statute of limitations, it was charged off, it was eliminated in bankruptcy, it was paid off, or something else happened to make it go away, but years later, the debt (through a debt collector) rises from the dead and tries to take money from you to satisfy the otherwise uncollectible obligation.
This episode focuses on strategies to finally eliminate Zombie Debt!
This week's episode is one of my favorites, because I get to share a success story around a client who was being chased (harassed) for over $21,000 related to the repossession of a jet ski. The best part about this story is that I was able to convince the creditor to leave my client alone and drop the debt entirely - from $21,000 owed to $0 owed !!
How did I do it? You have to listed to the episode.
If you have a creditor chasing you for money and you do not believe that you owe it, or you do owe it but are unable to figure out how to pay it, you do have options other than bankruptcy. Please contact me and we can discuss your situation.