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Should I form an LLC or Corporation?

By Yesner Law |

I’ve seen a recent trend amongst consultations of people who invest in real estate that they own in their name alone and this can be very dangerous from a liability perspective. To help these clients, I typically discuss at least 5 forms of owning a real estate investment business.  There are a few more… Read More »

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I’m Buying Investment Property! What do I do next?

By Yesner Law |

The most common question I get from Real Estate Investors is “when do I need to hire you?” Typically, you hire me at the beginning to make sure everything runs smoothly, or you hire me after everything has hit the fan!  To make sure things go smoothly, I’ve thought of some due diligence items… Read More »

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I Can’t File Chapter 7 or Chapter 13!

By Yesner Law |

It happens very rarely but, from time to time, we speak to a client that fails to qualify for Chapter 7 (liquidation) or Chapter 13 (reorganization). If they still want to file bankruptcy personally, what should they do?  Chapter 11 reorganization. Wait! I thought Chapter 11 was for businesses?  Not necessarily. Chapter 11 is… Read More »

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Do I Have to Pay My Mortgage After a Divorce?

By Yesner Law |

Recently, I spoke at Become A Better Agent, a seminar hosted by Insured Title Agency and Synergy Title Partners in Tampa Bay.  One topic of my presentation was the identity of the proper party to sign and sell real estate, especially in a situation where the parties are divorced. Many times, the party that… Read More »

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How Long to Satisfy a Paid Off Mortgage?

By Yesner Law |

We have helped 3 different clients over the last week to eliminate mortgages and other liens from the public records.  In each of the these situations, the loans were satisfied, but the lien holders (lenders / banks) failed to record a satisfaction or release.  Of course, we didn’t know this until after we filed… Read More »

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Tips for Negotiating with Creditors

By Yesner Law |

I’ve helped hundreds of clients negotiate. I’ve negotiated residential and commercial real estate contracts, residential and commercial leases, Mediations, credit card debt, medical debt, student loan debt, secured debt, unsecured debt, deficiency obligations, pretty much every type of debt. I’ve negotiated court settlements and other agreements that involved something other than money. Over the… Read More »

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What is the due date?

By Yesner Law |

In reviewing contracts, court deadlines, and other time-driven factors, we get many questions related to how the time is calculated for purposes of a response or deadline. Typically, when counting days, day 1 is the day after the date listed (like we learned in math class).  Therefore, if the “Effective Date” of a contract… Read More »

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Freddie Mac Fraud Prevention and the Exclusionary List

By Yesner Law |

I do have to give Freddie Mac (Federal Home Loan Mortgage Corporation) credit for implementing programs to prevent fraud on consumers and to prevent Freddie Mac from purchasing non-investment quality loans. In my experience, however, the Exclusionary List casts such a wide net that it often traps those who may have innocently created a… Read More »

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Reforeclosure Helps Remove Omitted Junior Liens

By Yesner Law |

Recently, we helped a client who bought real estate at a foreclosure sale but realized that the plaintiff’s attorneys forgot to include a junior lien in the foreclosure lawsuit.  Luckily, there is a process in Florida to eliminate that junior lien, even after the foreclosure lawsuit is complete and the property is sold at… Read More »

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Does Bankruptcy Pause the Statute of Limitations?

By Yesner Law |

We received a great listener question from the Crushing Debt Podcast: “My husband and I have joint credit card debt.  I filed for Chapter 7 bankruptcy eight years ago and got a discharge.  My husband did not file with me, just me alone. My husband recently received a collection notice from from one of… Read More »

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Yesner Law

Yesner Law Countryside Colonial Center
2753 FL-580, Suite 202
Clearwater, FL 33761

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Shawn M. Yesner