I found an interesting article about success rates in Chapter 13, reorganization cases that I summarize in this week's episode.
For purposes of the article and podcast, "Success" means that the debtor completed all payments in his Chapter 13 bankruptcy. The results are interesting in determining:
- Should you file individually or jointly with a spouse?
- Should you file on your own or with an attorney?
- What are the Success Rates on your second chapter 13 (after the first one was unsuccessful).
Please let me know what you think of this statistical analysis, and if you want a free copy of the report, please contact me at Shawn@Yesnerlaw.com.
In this week's episode, I interview Paul Moore with Wellings Capital, and author of The Perfect Investment.
Paul and I discuss strategies to minimize tax liability. As a disclaimer, neither me or Paul are CPA's, Tax Attorneys, or otherwise, but we both have some knowledge and experience with the material.
We discuss strategies like:
- Investing in Real Estate
- Hiring a Tax Strategist
- Use Cost Segregation to Accelerate Depreciation
- 1031 Exchanges
- and more.
You can contact Paul and order his book The Perfect Investment on his website www.wellingscapital.com, or from Amazon at https://www.amazon.com/Perfect-Investment-Enduring-Historic-Multifamily-ebook/dp/B01M0UDZ4D/ref=sr_1_1?ie=UTF8&qid=1504727528&sr=8-1&keywords=The+Perfect+Investment
Or you can order his report that forms the basis of this episode on his website, or from Paul directly at Paul@WellingsCapital.com.
In addition, check out Paul's Podcast - The How To Lose Money Podcast on iTunes and Android podcast players.
In this week's episode of the podcast, I interview Jocelyn Paonita from The Scholarship System.
This was one of my favorite interviews. Jocelyn was able to have her entire college education paid for by scholarships. The Scholarship System helps people find scholarships for students at all levels of education, wherever scholarships may be available.
Student loan debt is a serious issue in our economy and Jocelyn's example and her systems can help reduce student loan debt before the students actually incur the debt!
The Scholarship System helps people find the scholarships, and then they implement strategies to complete the application for the scholarship.
You can find more information, as well as Jocelyn's contact information at www.thescholarshipsystem.com. Check out their blog, the free webinar, and all of the other information on the website!
You can reach me with student loan questions at www.yesnerlaw.com or firstname.lastname@example.org
This week's episode was recorded during a Referrals for Life social at my house.
I had 5 guests:
Tom Fleming- TomF@BNI.com (BNI Executive Director and Asentiv Trainer)
Rob Kellog - Rob@FastBreakMarketingTeam.com (Fast Break Entertainment and Brewing Up Business)
Tiffanie Kellog - TiffanieK@asentiv.com (Asentiv Trainer, Fast Break Entertainment and Brewing Up Business)
Jason Avery - Jason@AveryHomeRemodeling.com (Avery Construction, Asentiv Trainer, Constructing Success, Inc., and a new Cabinet Company startup)
Dr. Marnita Sandifer - SpaCafe@RoadRunner.com (Spa Cafe and BNI Trainer)
Shawn Yesner - Shawn@YesnerLaw.com (Yesner Law, Florida Suncoast Title, Crushing Debt Podcast, BNI Trainer)
We talk networking, business generation, referral generation, and something that connects all of us - every speaker on this week's podcast has multiple streams of revenue in addition to their primary business. From my perspective, I always try to align myself with successful and positive people.
If you live in the Tampa Bay area and want to learn more about Referrals for Life and joining our community here in Tampa Bay, please contact me (or any of the guests on this week's show). What you'll learn is that the goal of the Referrals for Life community is for us all to live a spectacular life !!
In this week's episode of the podcast, we talk about whether a quit claim deed or a quiet title lawsuit can stop a foreclosure, from a listener of the podcast!
Many people believe that transferring a home to a third party and then filing a quiet title lawsuit will defeat a foreclosure lawsuit. Unfortunately, under FL law, the answer is "no."
How I get to that answer is in this week's episode.
If you're facing foreclosure, please visit our website at www.YesnerLaw.com, or email me at Shawn@YesnerLaw.com
This week's episode is Part II of my interview with Bryan Levine of Knox Levine, PA. IN this week's episode, we talk about the different enforcement mechanisms available to Homeowner and Condominium Associations.
When can they claim a lien?
What are they entitled to collect?
In this week's episode, we discuss what happens to surplus funds when someone buys a house at a foreclosure auction. Surplus funds exist when the winning bidder paid more than the amount owed to the bank.
This week's episode is a product of another listener question, and is an interesting take on a long-standing Florida Law regarding the association's ability to collect assessments against someone who bus the property at foreclosure auction. What if there are excess funds following the foreclosure sale, but the person foreclosed still owes the association money? Can the winning bidder force the association to take the surplus funds to satisfy the debt owed by the former owner?
We're unsure if there is a clear legal answer to the question, but I give the logical answer in this week's episode. Let us know what you think of my answer?
In this week's episode, we interview Bryan Levine. Bryan is a partner at Knox Levine, a firm that focuses on representing condominium and homeowner associations.
Recently, Florida passed a law known as the "Estoppel Law," Senate Bill 398. This new law governs certain aspects of what an association can or cannot do when issuing an estoppel letters - those letters that associations issue to let the homeowners know what they owe, what assessments are due, and other financial aspects of the property.
Some things included in the law:
1. The time-frame within which the Estoppel Letter must be issued;
2. A cap on the amount the association can charge for the letter;
3. Describes what information must be included in the Estoppel Letter;
4. The Estoppel Letters must be valid for 30 - 35 days.
If you get a letter from an association and have questions, please send me an email at Shawn@YesnerLaw.com or www.YesnerLaw.com.
In this week's episode of the Crushing Debt Podcast, I answer more listener questions, like:
1. Can you finance a car while in a Chapter 13 bankruptcy?
2. Can a landlord garnish wages?
3. Does it pay to fight a lawsuit against me seeking $1,200?
4. Is a homeowner entitled to surplus funds following a foreclosure sale?
5. Can sellers change their mind about selling their property?
Thank you for supporting the podcast by sending in some great questions. We hope you enjoy the content and please keep the questions coming. If you have questions related to any of the above questions that I answered, please reach out at email@example.com, or www.yesnerlaw.com.
In this week's episode, we talk about the intersection of bankruptcy and condominium / homeowner association law.
Many times, people don't understand that they still owe their homeowner association or condominium association even though they filed bankruptcy. This is because the bankruptcy code says that assessments due post-filing (post-petition) are not dischargeable, or are debts that are unaffected by the bankruptcy filing.
What do you think? Should ongoing assessments be dischargeable after the bankruptcy is filed? Let us know at Shawn@YesnerLaw.com or www.yesnerlaw.com.
In this week's episode, we interview Richard Ficca, owner of Florida Coastal Insurance.
Rich is a friend, referral partner, and mentor. Rich has built a multi-million dollar insurance company. He's been in the insurance industry for over 21 years, 15 of that as an instructor for other insurance agencies. Rich is also an insurance agency valuation expert.
Rich talks all about hurricane preparedness, but brings it into the 21st Century. You'll hear Rich's explanation of:
- How to document all of the stuff in your home.
- What apps you should have on your phone.
- Using a thumb-drive to store your personal information.
- Why you should buy a $5 power strip.
What are some of your best Hurricane tips? Email me at Shawn@Yesnerlaw.com
We recently had our neighborhood garage sale, and it occurred to me that I could use that opportunity to practice my negotiation skills with very little risk.
When negotiating, you need to have two things in mind:
1. What is your price (either as a buyer or as a seller)? Know your value and be confident about it. When dealing with a creditor, know your financial information, so you can be confident in the settlement offer to the creditor.
2. There is value in taking less or compromising - a value to "not put it back in the garage." When settling debt, there is a value to getting the creditor to go away, even if the creditor is asking for more than what you want to pay. What is the opportunity cost inherent in settlement? What is the emotional value to settle?
In this week's episode, we interview Tom Wolf, a business coach, author and speaker here in the Tampa Bay area.
Tom's business excels at helping business owners to leverage themselves, so they can work on their business instead of in their business. Tom has an interesting and diverse background. He has owned an IT Staffing Company, 10 Great Clips Franchises. Tom has a lot of experience in building and selling companies.
Now Tom focuses on finding your purpose and has a 7-step program to answer the question, "who am I and why am I here?" Tom also has a work-book related to his coaching program.
To contact Tom or Pam Wolf, you can get ahold of them at:
Another week, another listener question.
In this episode we answer a realtor question: "How does someone rent out a house in Foreclosure? Is this a scam? It is in the MLS"
Interestingly, this is not, necessarily, a legal question. It may be a moral question.
What do you think? Let me know if you think it should be proper to rent out your house while the house is in foreclosure.
In this week's episode, we answer a question from a listener in Colorado.
"I no where near the point of bankruptcy, but my husband and I have a lot of debt and are treading water trying to stay afloat most of the time. Any tips on consolidating debt or getting things paid off quickly for the self-employed."
First, the laws are different between Colorado and Florida.
Second, what type of debt are we dealing with - unsecured debt, secured debt, student loans, IRS, credit cards, hospital bills, etc.?
In this episode, we answer the listener questions with some tips on consolidating and ultimately crushing your debt.
Please share this episode on social media if you enjoy the content!
Would you like to write a book in seven hours or less? Do you want a system to get a professionally-published book in seven hours or less?
This week's guest is Nick Raithel of The Seven Hour Book. Nick can put together content, create graphics, help with publishing, and anything else necessary to get a book completed that you write!
So how does this have to do with Crushing Debt? Writing a book will position you as a leader in your industry, thus generating direct revenue (from book sales) or indirect revenue (through search engine optimization, speaking engagements, etc.). In addition, providing material through a published book is a way to give back to the community by sharing information.
You can reach Nick by going to his website www.contentcorps.net.
If you have questions about becoming a published author in 7 hours or less, please contact Nick.
If you have questions that I can answer, please contact me at www.YesnerLaw.com. If you want more information about our upcoming book, Crushing Debt, please email me directly at Shawn@YesnerLaw.com with the subject line "Crushing Debt Book."
Episode 63 of the Crushing Debt Podcast is our interview with Juliet Kyes of ActionCOACH Tampa Bay.
One way to eliminate debt is to work with a business coach and ActionCOACH Tampa Bay is one of the best, not only in the Tampa Bay area, but also within the ActionCOACH Franchise.
Juliet and I discuss:
- The Five Ways, which is an ActionCOACH system designed to help increase results in business.
- The ActionCOACH library of materials.
- OMG! WTF? What's the Focus?: A Guide for Building an Actionable Business Plan by the ActionCOACH Tampa Bay team. You can find it here on Amazon: https://www.amazon.com/OMG-WTF-Whats-Focus-Actionable/dp/0692443290/ref=sr_1_1?ie=UTF8&qid=1495052695&sr=8-1&keywords=juliet+kyes
And other great material!
You can reach Juliet by going to her website: www.ActionCOACHTampaBay.com
In this week's episode, we explain the difference between an Eviction, and Ejectment and an Unlawful Detainer lawsuit.
Sometimes, landlords and even Courts and attorneys confuse the difference between the three types of cases.
All three types of lawsuits accomplish the same goal - getting someone or something off or out of the owner's property. However, how we get there is different for each type of lawsuit.
In this week's episode of the Crushing Debt Podcast, we interview Andrew Gordon with Reliable Claims Adjusting. Andrew is a Public Adjuster - meaning he works for the insured (the homeowner) versus the insurance company.
Andrew is the insured's advocate against the insurance company to maximize recovery when there is a loss that is covered by insurance.
In this week's episode, we discuss some things people can do to protect themselves either before or after a loss has occurred. Andrew also discovers a few of his success stories.
If you've suffered a loss to your home, or what to know what to do in the event you suffer a loss at your house, contract Andrew at 813-786-5771 or http://www.reliableclaimsadjusting.com/
I polled a group of about 100 FL Realtors on which residential real estate contract is better for Buyers or Sellers, the "As-Is" Contract or the Repair Limit contract. The answers are in this week's Crushing Debt Podcast!
I regularly speak at BABA (Become A Better Agent) for Insured Title Company. The last time I spoke, we debated the pros and cons of the two versions of the Florida Real Estate Contract in use by most FL Realtors.
The "As-Is" contract gives the buyer the right to cancel the contract after doing inspections, if the Buyer finds that the property is not acceptable.
The "Repair Limit" contract allows the seller to fix the property up to a certain repair limit. If the repairs exceed that limit, either party can cancel the contract, or the Buyer can agree to make repairs in excess of the dollar repair limit.
Which do you think is better for Sellers? Which do you think is better for Buyers?
Episode 59 of the Crushing Debt Podcast is a great interview with Jason Crawford. Jason's company is called Fierce, Inc., and they help clients with visual marketing.
Fierce, Inc. takes your message, your vision and mission, and describes those things visually, to create more engagement with your customers, clients, referral sources, and the general public.
We talk about social media, Facebook Live, content creation, and other engagement topics.
In Episode 58 of The Crushing Debt podcast, we discuss a case called In Re: Failla. This case impacts both bankruptcy and foreclosure cases in Florida, and was a win for lenders, against homeowners and borrowers.
Mr. and Mrs. Failla bought a house in Boca Raton, Florida. Eventually circumstances caused them to fall behind on their mortgage and the bank filed a foreclosure. The Faillas then decided to eliminate their debts in bankruptcy, including stating their intent to "surrender" their house to the mortgage company.
However, when the bank proceeded to foreclose, based on the Failla's intent to surrender the house, the Faillas fought the foreclosure case. The bank objected to the Failla's actions. The case found its way to the 11th Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy and Federal Court cases in Florida, Georgia and Alabama). The decision is from October 2016 and now, unfortunately, means that when someone in bankruptcy indicates an intent to "surrender" the house, they're no longer allowed to later defend the foreclosure case.
Do you agree with the Court's decision?
Regular listeners to the Crushing Debt Podcast know that we are HUGE fans of AFLAC.
In this week's episode, we interview Brian Morris, We talk about a very personal story about why Brian became an AFLAC Agent.
AFLAC helps people with short term disability for accidents, cancer, and other situations. AFLAC pays money to bridge the gap between the promise of health insurance, and the protection of health insurance.
Not only is Brian responsible for helping business owners and individuals obtain AFLAC, he is also responsible for growing his AFLAC team here in the Tampa area.
If you are interested in AFLAC, either to purchase a policy or become part of Brian's team, please contact him at 727-492-9960 or David_Morris@us.AFLAC.com (Brian's first name is actually David).
In Florida, there is a committee made up of 10 Realtors and 10 attorneys that get together every few years to review the standard form contract in use by most residential real estate agents in Florida. The contract is called the FAR/BAR (Florida Association of Realtors / Florida Bar). The intent of the contract is to provide a fill-in-the-blank form for Realtors to use to avoid an allegation of the unlicensed practice of law.
In this week's episode, we discuss some of the major changes that just went into effect on April 4, 2017, including:
This is not an exhaustive list of all the changes. If you have questions about interpretation of the revised FAR/BAR, or any real estate contract, commercial or residential, please reach out to us at Shawn@YesnerLaw.com or www.yesnerlaw.com.
In Episode 55 of the Podcast, we interview Marielis Rivera, a personal injury attorney with the firm of Pipas Law Group.
Like me, Marielis started on the "other side" representing insurance companies being sued by injured parties. Now, however, Marielis represents only injured parties.
Many times, injured parties are unable to work because of their injuries and, when income drops, there is a ton of stress in addition to their injuries. Marielis does a great job of informing her clients of their options and helps her clients to manage their debts until the lawsuit is over.
You can contact Marielis on her cell phone at 813-509-6606, or on Facebook.
You can contact us at Shawn@Yesnerlaw.com or www.yesnerlaw.com. We would appreciate if you would leave a positive review of the Crushing Debt Podcast if you enjoy the content, and ask a friend to subscribe and listen to our weekly episodes!