Sep 1, 2016
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
We would enjoy reading any comments or questions you have on this or any episode of the Podcast. You can reach me directly at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com.
Aug 25, 2016
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.
If you enjoy this week's episode (or any previous episode) please review us and rate us on iTunes, Stitcher or your podcast player app. You can reach us at Shawn@YesnerLaw.com or www.YesnerLaw.com.
Aug 19, 2016
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.
If you have questions that you think would make a good future topic, please email me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
Aug 11, 2016
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.
Aug 4, 2016
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.
If you have questions that you think would make a great podcast, please email me at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com.
Jul 29, 2016
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.
Jul 21, 2016
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.
If you have questions for Yesner Law, please contact us at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com.
Jul 14, 2016
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.
If you are a real estate investor with questions, please contact us at Shawn@Yesnerlaw.com, or visit the website at www.yesnerlaw.com.
Jul 7, 2016
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.
Jun 30, 2016
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 firstname.lastname@example.org.
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.
Jun 28, 2016
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?
If you have questions, please email me at Shawn@YesnerLaw.com, or visit our website at www.yesnerlaw.com.
May 5, 2016
Did you know that there is a difference between a mediation in a foreclosure lawsuit and a mediation in every other type of lawsuit? Unfortunately, the foreclosure mediation process in Florida has become tainted to the point where it is really just an analysis of whether the borrower has produced documents to the lender. There is rarely a decision or agreement that is reached at a foreclosure mediation. While settlement is never guaranteed in mediation, I have never had a foreclosure mediation result in settlement on the day of mediation, except for one case where the lender was a credit union. For questions about the mediation process, or foreclosures in general, please email me at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com.
Apr 28, 2016
In episode 18 of the podcast, we discuss bankruptcy. What are the reasons that someone might want to file? What are some issues a debtor might encounter? We've posted other episodes of the podcast that deal with specific bankruptcy issues, and have more planned. This episode, however, is a bit more generic. We would love your feedback on the podcast in general, or on this episode, and please connect with us on Facebook, Google+ or Linkedin. If you have specific questions, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
Apr 21, 2016
In this week's episode of the podcast, we talk about how I use systems to structure a client's experience with the office, based on lessons I learned while running. In 2014, I was diagnosed as pre-diabetic and my sugar levels were dangerously high. Those who know me, know my fear of needles, so it was easy to start a diet and exercise regiment to ward off high cholesterol, high sugar and the results that come with them. I enjoy running 5 and 10k races (and now include swimming laps training for a triathlon) because the time alone helps me to think about ways that I can improve processes here at the office. The time helps me think about the importance of setting goals and measuring my results. I appreciate your indulgence in deviating from the legal podcast content for one week and I hope you enjoy this episode. If you have topics that would make good content, please email me at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com. Also connect with me on Facebook, www.facebook.com/yesnerlaw.
Apr 14, 2016
In this week's episode of the Yesner Law podcast, we discuss a potentially scary issue for people filing bankruptcy. What happens when the debtor's house is upside down, behind in payments, and maybe even in foreclosure, and the homeowner wants to use the bankruptcy to surrender the house? Sometimes, the trustees sell the house to an investor, who then rents the house for cash flow until the bank forecloses. While this may seem unfair, it is proper under the Bankruptcy Code and Rules (at least here in Tampa Bay). We discuss when this might happen, and what options the homeowner has to try to avoid this situation. If you have stories where this has happened to someone you know, please share those stories on our social media sites - https://www.facebook.com/yesnerlaw. Or send me an email at Shawn@Yesnerlaw.com.
Mar 31, 2016
In this episode of the Yesner Law Podcast, we talk about the differences between the Florida Homestead Exemption, and the Homestead Exemption in Florida. What is the difference? One is based on Florida's Constitution and Statutes, while the other is a reduction of the taxable value of the home. The two are related just less so than people think. To find out more, please visit our website. We have many blogs discussing the homestead exemption, including http://www.yesnerlaw.com/blog/2013/05/homestead-asset-protection-strategies.shtml, or you can send me an email at Shawn@Yesnerlaw.com.
Mar 3, 2016
What happens when a creditor charges off a debt? Does the borrower still owe it? Does it report on credit? Can the creditor sue for it? We answer these questions and more in this episode of the Yesner Law Podcast. Many people get confused on what happens when a debt is "charged off." We hope you enjoy this episode and if you have questions, please email me at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com.
Feb 19, 2016
In lucky episode 13 of the Yesner Law Podcast (one-quarter of the way through a full year of episodes!) we discuss partition lawsuits. Partition lawsuits are for people who jointly own property and cannot decide what to do with it. Typically, it involves family members who inherit property and one wants to live there and another wants to sell. If you have questions about partition, real estate litigation, or any other areas of law, please let me know at Shawn@YesnerLaw.com, or visit the website at www.YesnerLaw.com.
Feb 11, 2016
Episode 12 of the Yesner Law Podcast is an interview with Tiffanie Kellog. Tiffanie is dedicated to helping others make more money in less time so they can have more fun. Tiffanie is the #1 trainer in the United States for The Referral Institute, and a trainer for BNI. Tiffanie is also an author and, in this episode, we discuss her new book 4 1/2 Networking Mistakes, which you can order on Amazon. For more information, please visit our website, www.yesnerlaw.com, or email me at Shawn@Yesnerlaw.com.
Jan 21, 2016
Interpleader is the type of lawsuit that is filed when a real estate transaction is cancelled and the buyer and seller disagree as to who is at fault, and therefore who should get the good faith deposit held by the title company. The problem is that the title company, even if it is an attorney who represents one party, does not have the authority to determine which party is at fault and which party should keep the deposit. Therefore, the title company files an Interpleader Action and deposits the money with the Clerk of Court, to then let the Court decide who is entitled to a return of the good faith deposit. If you have comments on this podcast, or questions, please email me at Shawn@Yesnerlaw.com or visit our website at www.yesnerlaw.com.
Jan 14, 2016
In this episode of the Yesner Law Podcast, we interview Lee R. Carr, II. Lee practices elder law, estate planning and probate law. Lee helps answer what happens when one spouse dies, leaving the other to help maintain and make payments on the house. Whether the surviving spouse should keep the house, sell the house, modify the loan, etc., are all questions that arise in this unfortunate time, and we can help answer those questions. We welcome suggestions on this episode or future content at Shawn@YesnerLaw.com or www.yesnerlaw.com.
Jan 8, 2016
In this episode, I talk about a subject that is personal to me because it happened to a friend of mine. What happens when the spouse who signed the loan and mortgage dies, leaving behind a spouse who is not listed as a borrower on the loan? To find out more information about loan modifications, please visit the website at http://www.yesnerlaw.com/Debt-Alternatives/Loan-Modification.shtml, or send me an email at Shawn@YesnerLaw.com.
Dec 23, 2015
We're happy to have Mr. Jason Avery, owner of Avery Construction back as a guest on the podcast. As a thank you for Mr. Avery being a guest, we've taken the time in this podcast to discuss his newest venture, Constructing Success, which is his newest book and also his newest company. Constructing Success is a consulting firm that supports entrepreneurs through the challenges of growing their small businesses. Jason helps discuss the challenges that clients may have, both in the construction industry and in the legal industry. For more information on Mr. Avery, or any topics covered in the podcast, please contact me at Shawn@YesnerLaw.com, or www.yesnerlaw.com.
Dec 10, 2015
In this week's episode, I talk about Small Claims Court. When is it appropriate to bring a dispute to Small Claims Court? Why would someone want to file a case in Small Claims Court? Does it make sense to hire an attorney? And other questions. If you want more information, or have questions on this or any other podcast topic, please email me at Shawn@YesnerLaw.com, or visit our website, www.yesnerlaw.com.
Dec 3, 2015
After a week off for Thanksgiving, we're back with our guest, Jason Avery with Avery Construction. In this episode, we discuss construction, permits and related lien issues. If you have questions about these issues, or want more information, please visit our website, www.yesnerlaw.com, or email me directly at Shawn@YesnerLaw.com.
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