Author Archives: Yesner Law
Forfeit Your Foreclosure Defense In Bankruptcy Court
In early October 2014, the Eleventh Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy cases in Florida too), decided the case of Failla v. Citibank N.A. The Court held that debtors who “surrender” their house in a bankruptcy case may not later oppose a foreclosure action against that house in state court…. Read More »
What Foreclosure Laws Did We Lose In 2017?
December 31, 2016, marked the end of many programs designed to help people in foreclosure: HAMP (Home Affordable Modification Program), HAFA (Home Affordable Foreclosure Alternatives), HARP (Home Affordable Refinance Program) and MDRA (Mortgage Debt Relief Act). What did we lose and what are the alternatives now that they’re gone? HAMP provided loan modification incentives… Read More »
Mortgage Deficiency, 1099 & Mortgage Insurance
The Mortgage Debt Relief Act seems to be gone for good. I’ve heard no news that Congress chose to keep it beyond December 31, 2016. What impact does this have on a homeowner who chooses to do a short sale, a deed in lieu of foreclosure, or loses the house in foreclosure? Typically the… Read More »
Can Bankruptcy Eliminate A Personal Injury Judgment?
We encounter personal injury judgments in two contexts: (1) the injured party or injured party’s insurance company has a judgment against you for a car accident, or (2) whether personal injury judgments can be wiped out in a bankruptcy case. The simple answer is that, yes, personal injury judgments can be discharged, or eliminated,… Read More »
Foreclosures To Increase In Florida?
On November 3, 2016, the Florida Supreme Court issued a decision that may increase the number of foreclosures filed in the State of Florida, when it issued its decision in Bartram v. U.S. Bank National Association. The Court held that Florida’s five-year statute of limitations applies to payments that are more than five years… Read More »
Can I File Bankruptcy If I Own A Business?
The simple answer is yes, you can file bankruptcy if you own a business. I’m not referencing a business that is failing that needs to file bankruptcy – that would be a Chapter 7 or Chapter 11. Instead I’m referencing someone who needs to file bankruptcy, either Chapter 7 Liquidation or Chapter 13 Reorganization,… Read More »
Bankruptcy Chapter 6.5
I recently released a blog and related podcast about the bankruptcy code being broken into 9 chapters, all odd numbered except for one even numbered chapter. That post failed to mention a Chapter 6.5, which you won’t find in the bankruptcy code, and you won’t even find it mentioned in the halls of the… Read More »
Title Issues Raised By Marital Status
Why do Title Deeds in Florida recite the marital status of the grantor, or contain a statement that the property does not constitute the homestead of the Grantor? Article X, Section 4 of the Florida Constitution provides that “The owner of homestead real estate, joined by the spouse if married, may alienate the homestead… Read More »
Attorney Fees In A Mortgage Foreclosure Defense Case
Someone facing a mortgage foreclosure is feeling a lot of pressure – from the lender, from family, possibly from other creditors. The last thing I want to do as an attorney is to create additional pressure on a debtor trying to save their home. Unfortunately, many attorneys have fallen into a habit of charging… Read More »
Why Is Bankruptcy So Odd?
The Bankruptcy Code is broken into nine chapters, eight of them are odd-numbered and one is even-numbered. While the reason for odd numbered chapters is to allow for expansion of the Bankruptcy Code, when a new chapter was added in 2005 by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), it was added… Read More »
