Category Archives: Asset Protection
How my Childhood Bully Created Yesner Law (or Why I Do What I Do)
Growing up, I dealt with books and homework, tests, and band practice. Mostly, I dealt with a bully. He was not just any bully – he was my bully and he tormented me non-stop for 9 years over a 12-year period of my life. Some of the tamer things that he would do: wrap… Read More »
The Benefits of Settlement
Settlement: To conclude by agreement between the parties (as defined by the dictionary). Almost daily, I counsel my clients on settlement – should we attempt settlement, offer settlement, counter the opposing side’s offers, or reject the settlement outright. Unfortunately, most see settlement as a weakness, but settlement of a dispute can bring benefits. Most… Read More »
Can I Use a Power of Attorney to Sign Corporate or Trust Documents?
Very often we are asked to assist with a closing where the seller is a corporation, limited liability company (LLC), or Trust. However, the person who can sign on behalf of the entity is unavailable on the day of closing, so they ask us to prepare a Power of Attorney to sign the closing… Read More »
Do Judgment Liens Attach to Inherited Property?
We recently helped a client who inherited her mom’s house when mom passed. The problem was that she inherited the house with her brother, and her brother had a judgment against him from unpaid credit card debt. The siblings wanted to sell the house, but were unable to do so because of the brother’s… 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 »
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 »
Wage Garnishment & Asset Protection
Thank you to our Yesner Law Podcast listener Larry, who asked us the following question about wage garnishment and asset protection: “I filed bankruptcy about four years ago. I was renting a home outside the State of Florida at the time and there was an accident at my home in Florida and it burned… Read More »
Asset Protection: Florida’s Homestead Exemption V Homestead Exemption In FL
When a borrower defaults on a payment obligation, whether a mortgage payment, credit card payment, signature loan, student loan, or any other type of repayment agreement, their first concern is normally asset protection, “will the creditor take my house away from me?”. Our response differs based on the type of debt and whether the… Read More »