Crushing Debt

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 mercha...

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 t...

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. AFLA...

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 b...

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 pod...

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...

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 foreclo...

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 medi...

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 conne...

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 resul...

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...

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...

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 webs...

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 lit...

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....

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 part...

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...

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...

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...

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.yesner...

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.

Mostly, my podcast topics will revolve around legal issues. However, from time to time, I thought it would be interesting to share a different perspective. In this episode, I leave the legal world behind and explain why I do what I do. I hope you enjoy. If you'd like more information, please visit the website - www.yesnerlaw.com

Foreclosure Auctions in Florida are "buyer beware." If you're interested in buying at a foreclosure auction, due diligence prior to bidding on the property is very important. Are you buying at the foreclosure auction of the first mortgage, second mortgage, association, or some other judgment creditor, because that distinction could be important. For more information, visit our website- www.yesnerl...

Our first official guest of the Yesner Law Podcast is Mr. Jason Avery, owner of Avery Construction. Jason and I discuss different issues related to construction law, and how contractors and clients can avoid construction related disputes and avoid attorney involvement. For more information about construction law issues, please visit our website www.yesnerlaw.com.

In this episode, we discuss the bankruptcy meeting of creditors under Section 341 of the Bankruptcy Code. There's also a funny story about why we no longer refer to this meeting of creditors as the "341 meeting." For more information about bankruptcy, please visit our website www.yesnerlaw.com