Author Archives: Yesner Law
Post Hurricane Irma, Are We Still Closing?
One of my Realtor clients posted the following question on social media: “When you have a buyer under contract before a tropical storm / hurricane affects an area, and the contract is AS-IS, who is liable for repairs from storm damage, if there is any?” Luckily the Tampa Bay area escaped Hurricane Irma with… Read More »
Can I Sell My House When It Has A Lien Against It?
A great question from a listener in the Florida Panhandle: I have a judgment filed against me 12 years ago. Can I sell my house without paying the judgment? The simple answer is yes, as long as (1) the property being sold is homestead property, and (2) the owner files a Notice of Homestead… Read More »
Senate Passes Bill 398: “The Estoppel Bill”
Governor Scott signed The Estoppel Bill on June 14, 2017, effective July 1, 2017. The Bill helps title agents, closing agents, buyers and sellers, and realtors because it eliminates the ability of the associations to take an inordinate amount of time to provide an estoppel certificate prior to closing, and eliminates the ability of… Read More »
Can Filing Bankruptcy Protect Me From A 1099-C Tax Obligation?
We received another great listener question. The simple answer is yes, filing bankruptcy before a foreclosure sale or short sale will protect you from a subsequent 1099-C assuming the bank waives any deficiency. Before we get there, however, some background: When someone gets foreclosed or completes a short sale, there are one of three… Read More »
How Can I File Bankruptcy If I Can’t Afford My Bills?
At networking events, often tongue-in-cheek, I’m asked “How do you get paid as a bankruptcy attorney?” To the sarcastic out there, my response is “I get paid up front.” For those who sincerely ask that question (and I assume it would be most of you still reading this post) there are 5 ways to… Read More »
The Foreclosure Has Started, Can We Still Sell Our House?
This week we answer another great question from a podcast listener, and one that we’ve answered briefly in other episodes of the Crushing Debt Podcast. This question comes from a listener in Miami, FL, who asks if she can sell her house after receiving an offer for more than what she owes, even though… Read More »
Foreclosure Question: Who Is A Third Party Bidder?
We received an interesting question, “When a holder of a first mortgage, who is a private individual, enters a bid at foreclosure auction greater than the amount of its mortgage, does that mortgage holder’s status change to a third-party bidder for purposes of the safe harbor provision under Florida law?” The simple answer to… Read More »
Top Mistakes Landlords Make
The following article was provided by Advantage Realty Services, an experienced and trusted property management firm that manages property in the Tampa, Wesley Chapel, Lutz, Odessa and Land O Lakes areas. We deliver a variety of management service for single-family and residential homes, including condos and townhomes. In order to become a successful landlord… Read More »
Conveying Title To Real Estate: As-Is V. Repair Limit Contract
Conveying Title To Real Estate: As-Is V. Repair Limit Contract By Shawn Yesner of Yesner Law posted in Title on Wednesday, March 15, 2017. Most sellers (and importantly some Realtors and attorneys) believe the As-Is Residential Real Estate contract is better for them to convey title to their property, because they’re selling the house… Read More »
Can Florida’s Homestead Exemption Be Used To Defraud Creditors?
When it comes to Asset Protection, Florida has one of the best homestead exemptions in the Country. However, that exemption often comes under fire, especially in situations where creditors feel the exemption is an unfair impediment to them collecting against a borrower. In the case Havoco of America, Ltd. V. Hill, 790 So.2d 1018… Read More »