Crushing Debt Podcast
- Episode 110:Break The Business
Another week, another guest from Podfest Multimedia Expo 2018. This week's guest is Ryan Kairalla, an entertainment law attorney.
You can connect with Ryan:
Also check out the Break The Business Podcast, and Ryan's book, Break the Business available on Amazon, Audible, Apple Podcasts and other book outlets that don't begin with the letter "A."
- Episode 109:The 10 Most Expensive Tax Mistakes that Cost...
The deadline to file your personal income tax return is in a few days. Therefore, in Episode 109, we talk with Craig Cody, who we met at Podfest 2018, about the 10 Most Expensive Tax Mistakes that Cost Business Owners Thousands.
You should use your CPA as a resource to plan for your business. And in that spirit, Craig is offering all of our listeners a gift. You can pick up Craig's book at:
- Episode 108:Form 1099-C, Cancellation of Debt
On this week's episode, I talk about a recent case: The mortgage lender modified my client's loan and put the arrears at the end of the loan. Years later, the mortgage lender wrote off the debt and issued my client a 1099-C, Forgiveness of Debt, showing the home owner had phantom income. Sometime later, the client came to me to file a Chapter 13 bankruptcy. When the lender filed its claim in the bankruptcy case, the lender included the amount of debt previously forgiven!
The status of the law is unclear and states differ on the effect of issuing the 1099-C form (Florida hasn't made a decision as far as I know). How did we resolve the issue? If I gave it way in these notes, why would you listen to the episode?
If you file bankruptcy and your creditors try to pursue debt previously forgiven by a 1099-C, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
- Episode 107:HelloAlex.io
This week's episode of the podcast is an interview with Dave Fulk and Frank Coto with Hello Alex.
Check out what Hello Alex can do at HelloAlex.io
Hello Alex is an Artificial Intelligence system to help Realtors communicate with their clients and prospects. Hello Alex helps Realtors convert leads over multiple platforms using Artificial Intelligence (text, FB messenger, Live Chat, etc.).
- Episode 106:Christie Arkovich discusses Robocalling
Christie is back for her fourth episode of The Crushing Debt Podcast. Bear with me this week, as I deal with some laryngitis.
Christie and I have discussed student loans, but in this episode, we're going to talk about consumer law - the TCPA (Telephone Consumer Protection Act).
The TCPA is designed to stop robocalling, and abuse or harassment of borrowers by creditors. Creditors can pay damages of between $500 and $1,500 PER CALL if they are told to stop making calls and cease to do so.
To contact Christie, visit her website www.ChristieArkovich.com or 813-258-2808.
- Episode 105:Mary Wheeler of Abundant Wealth Solutions
We have a great guest to kick off Year 3 of content here at The Crushing Debt Podcast.
We met Mary Wheeler, of Abundant Wealth Solutions, at PodFest Multimedia Expo 2018 this past February in Orlando, FL.
Mary is a financial coach who holds local workshops, speaking to high school and college students about the dangers of debt. Mary's mantra is "Know debt, no problem!" and that makes her a perfect guest for The Crushing Debt Podcast!
What we found incredible was that Mary eliminated over $30,000 of debt in 96 days! Hear her story and her tips in this week's episode.
Mary can be reached at www.abundantwealthsolutions.com
- Episode 104:Property Tax Portability
In this week's episode of podcast (the last of Year 2), we talk about Property Tax Portability.
Applications to qualify your FL residence as your Homestead were due March 1, however what happens if you move from one primary residence to another?
Florida has a "Save Our Homes Cap" that prevents the taxable value of the homestead property from increasing by more than 3% from year to year. Previously, when the homeowner moved, they lost that 3% cap. In response, the Legislature enacted "portability" that allows the homeowner to carry with them (to port) their 3% savings from one homestead to another.
- Episode 103:Bankruptcy Cases "Dead on Arrival"
In this week's episode, we talk about bankruptcy cases that are DOA or Dead on Arrival - meaning a bankruptcy case that is dismissed within 6 months of being filed.
This week's episode is based on an article in the ABI Journal article written by Ed Flynn, a consultant with the ABI (American Bankruptcy Institute. You'll remember Mr. Flynn, who also wrote an article that was the basis for Ep 79, Chapter 13 Success Rates.
Today's episode reviews different factors that may cause a case to be DOA - or dismissed within 6 months. Some of the factors analyzed by Mr. Flynn include:
Filed pro se (without an attorney)
Filed jointly (by husband and wife)
A second or third filing
Filed without paying the filing fee
Filed "bare-bones" (without supporting schedules)
Involved real property
We discuss all of these statistics, as well as give our spin on Mr. Flynn's findings. If you want to see the article written by Mr. Flynn, please email me at Shawn@YesnerLaw.com.
- Episode 102:Protect Yourself from Creditors with Michael...
This week, we have a returning guest - Michael Holmes with Delta Credit Restoration. Michael was a guest on Episode 94.
In this week's episode, we talk about Debt Negotiation, and the creditor's violation of debt collection laws. If you're being contacted by a debt collector, there are some things you can do to protect yourself.
To contact Michael, visit his website or call him at 813-567-5855
- Episode 101:Conversation with Bankruptcy Attorney Carmen...
This week's episode is an interview with Attorney Carmen Dellutri, a Board Certified Bankruptcy Attorney.
Carmen can be reached via his website.
Or order his new book on Amazon: Are You The Next Success Story? Take Back Control of Your Finances
Email Casey Byrus: CByrus@DellutriLawGroup.com and let her know you listened to this show, Carmen will mail you a book for free !!
Carmen and I talk about creditor harassment and how you can use the bankruptcy laws and consumer protection laws to help eliminate their debts.
- Episode 100:Episode 100!
I struggled with whether to make Episode 100 something different, or business as usual with another Crushing Debt Topic.
I hope you enjoy this combination of the two ...
I take a look back at the topics we've covered and the guests we've interviewed, to get a sense of where we've been, and where we are, so we can produce great content for you for the next 100 episodes.
If this is the first episode you've listened to, Thank You !
If you've been a listener for the last 99 episodes, Thank You!
This is my podcast, but it is for you, so what topics do you want me to cover? What guests do you want me to interview? How can I help you eliminate those financial bullies in your life?
- Episode 99:Christie Arkovich and Parent Plus Loans
In this episode of the podcast we talk, again, to Christie Arkovich about student loan debt relief.
Did your parents co-sign for your student loan? Did your parents borrow money to pay for your education? Federal Parent Plus loans are exactly that, money that mom and/or dad borrow so their child can go to school. In most cases, the child has an agreement to pay back mom and dad, but this agreement has no impact on the Federal Student Loan and its repayment. So what happens if the child cannot pay back the loan, in other words pay back the parents? Unfortunately mom and dad are still on the hook to the loan company. Christie has some good suggestions to help ease the pressure on mom and dad.
Christie and I also talk about a new Fannie Mae program where the homeowner can borrow money secured by a second mortgage against their home, to pay off their student loans - basically converting student loan debt into mortgage debt. You'll hear why I think this is a HORRIBLE idea, and you'll hear Christie's take on Fannie Mae's offer to help student loan borrowers with this new loan product.
- Episode 98:B.O.U.N.C.E. back with Robin Lavitch
This week's guest is a returning guest from Episode 92 ("What's Your Relationship with Money?"). In this episode we discuss how to B.O.U.N.C.E. back from setbacks.
BOUNCE stands for:
Efficacy (having a sense of the ability to achieve or esteem)
In this episode we talk about how to change or overcome your beliefs. What are some of your beliefs in terms of money and overcoming set backs?
For those of you who want to visit the Yesner Law YouTube page, you can see a great out-take from our recording of this episode!
- Episode 97:Cost Segregation with Michael Watkins
In this week's episode, we interview Michael Watkins with Tampa Bay Advisory, LLC.
Michael's company helps with tax incentive recovery - basically the ability to reduce a company's bottom line so that the company pays less taxes and makes more money. Most people know this as cost segregation, which is the ability to depreciate certain asset classes on an accelerated basis different than other asset classes.
You can contact Michael at MWatkins@tampabayadvisory.com, call him at 727-243-6467.
- Episode 96:Usury Laws
In this week's episode of the Crushing Debt Podcast, I get away from interviews for a bit and talk about Usury Laws.
Usury Laws protect consumers from lenders who charge an excessive rate of interest. I had a usury issue come up in one of my cases and I thought it would be interesting to explore the issue in the podcast.
The issue is whether unpaid late charges on a mortgage can be "captured" as interest to drive up the interest rate on a residential note and mortgage to a level over 18% (which is usurious in Florida).
- Episode 95:Entertainment Lawyer Gordon Firemark
Welcome to the first Crushing Debt Podcast of 2018!
In Episode 95, I interview Gordon Firemark, an attorney for the past 25 years, who helps artists, writers and producers achieve their dreams.
Gordon is also a podcaster. His show is The Entertainment Law Update Podcast.
Gordon and I discuss Entertainment Law and Intellectual Property Law (copyrights and trademarks).
Gordon also has The Law Podcasting Podcast - how to help attorneys create manage and promote their own podcast (I was a guest on that show).
Finally, Gordon has a course on how to protect your online course and seminar, as well as a ton of other material on entertainment law and intellectual property law.
If you have specific questions, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com
- Episode 94:Michael Holmes with Delta Credit Restoration
In this week's episode of the podcast (our last of 2017), I interview Michael Holmes with Delta Credit Restoration, which helps clients with debt settlement and credit restoration.
Delta Credit Restoration is unique in that they will only seek to eliminate inaccurate information from your credit report, and they also try to educate borrowers to get better decisions around credit so that their clients don't continue to make the same mistakes that got them into the credit trouble to begin with.
In addition, Delta Credit Restoration provides a reasonable alternative to bankruptcy by helping to settle debts that are behind - although they are NOT a debt consolidation company.
You can contact Michael at 813-567-5855 or www.DeltaCreditRestoration.com.
Have a Happy and Safe New Year and we'll speak to you again in 2018!!
- Episode 93:Christie Arkovich & Public Service Loan...
In this week's episode, we have a returning guest, attorney Christie Arkovich, discussing student loan forgiveness under the Public Service Loan Forgiveness Program.
Christie and I talked in Episode 50 about different ways to eliminate or negotiate student loan debt.
Today, we talk about the Public Service Loan Forgiveness Program - which is a 2007 program instituted by President Bush, that allowed student loan borrowers to pay based on what they could afford, and satisfy the debt after a certain period of time (without paying it back in full) if they worked in a public service industry (versus working in the private sector).
The problem is that many student loan borrowers are NOT in the program, even though they believe they are, and are being told by the student loan companies that they are in the program!
Christie can help if you believe you are in one of these programs, or if you want to see if you qualify for one of these programs. Christie can also help if you have other student loan issues.
- Episode 92:Robin Lavitch, What's Your Relationship With...
This week's guest on the Crushing Debt Podcast is Robin Lavitch with Surpass Your Goals. Robin is a professional coach for businesses, professionals and tweens.
Robin and I discuss your relationship with money, and how your mindset determines how much money you have!
Do you experience a situation where you always struggle with having enough money, or do you think "I'll always be okay" and money seems to appear when you need it most? This stems from your relationship with money.
Robin can help you identify your relationship with money, so that you know what you can change to "get" more money.
You can visit Robin's website at: www.SurpassYourGoals.com
- Episode 91:Nick Raithel, REI 7-Hour Book
Nick Raithel is back as a guest on the Crushing Debt Podcast.
Nick is back promoting the REI 7-Hour Book, a version of his 7-hour book system to help Real Estate Investors (REI) develop their own 7-hour book.
Nick was previously on the show in Episode 64, and his system will help you:
- Be viewed as an authority figure in the Real Estate Investor Space
- Stand out from other investors (competitors) in your market
- Create speaking opportunities, and other branding opportunities.
To find out more information, please visit Nick's website: www.ContentCorps.net/Yesner
To be completely transparent, following this link will benefit Yesner Law in tracking referrals to the REI 7-Hour Book from The Crushing Debt Podcast - but ultimately this opportunity benefits you who want to write a book, but don't have the time to do so.
- Episode 90:Interview with Julie Shopa of Clarity Finances
Julie Shopa is a Profit First certified professional and, through her business, Clarity Finances helps her clients with bookkeeping and interpreting the financial health of her clients using the system created by Mike Michalowicz in his book Profit First.
The Profit First system focuses on the formula "Sales - Profit = Expenses" rather than "Sales - Expenses = Profit." The system focuses on the adage "pay yourself first."
- Episode 89:Happy Thanksgiving
This is the third Thanksgiving that The Crushing Debt Podcast has been in existence, but this is the first Thanksgiving where I have released an episode.
I thought it would be a good idea to talk about what I'm thankful for in 2017.
What are you thankful for in 2017?
What great things have happened for you in 2017?
Who do you want to mention in 2017?
Please let us know all the great things that have happened to and for you in 2017.
- Episode 88:Polly Bauer of Swipe! The Podcast
Polly Bauer is the go-to expert for all things credit. After 35 years as a global credit expert, including consulting with major credit card organizations and multi-billion dollar corporations, she believes that credit is the new money. It’s energy. Past President & CEO of Home Shopping Network Credit Corporation, two-time award winning Author of books about credit, International corporate speaker, and Host of Swipe! Podcast.
Polly is passionate about helping consumers harness their credit power with sound credit principals and intuitive wisdom.
The Crushing Debt Podcast has a great relationship with Polly and with Swipe! The Podcast, and we hope you enjoy this episode.
What are some of your tips and tricks for maximizing your Black Friday shopping experience? Let us know at www.Facebook.com/YesnerLaw.
You can reach Polly at: www.SwipeThePodcast.com, Swipe! The Podcast on Facebook, or @SwipeThePodcast on Twitter.
- Episode 87:Interview with Tonya Lonsbury
In this week's episode, I interview Tonya Lonsbury, a realtor with Berkshire Hathaway Home Services.
I first met Tonya a few years ago when she worked for a marketing company, but then she left Florida to pursue some other opportunities in Tennessee and Atlanta, GA.
Now, Tonya is back! Tonya has a very strong background and understanding of the home buying and selling process as well as mortgage origination.
Tonya's goal is to make sure that you live in a home that makes you happy, that makes you enjoy getting up in the morning, that makes you enjoy your neighborhood and your neighbors. Tonya truly wants to make sure that home is where the heart is.
You can reach Tonya at 727-280-6631, or Tonya Lonsbury Realtor on Facebook, or by email at email@example.com.
- Episode 86:More Garage Sale Lessons
My community has a garage sale twice a year and in this Fall's community garage sale, a lesson occurred to me - presentation is everything.
In episode 68 of the podcast, I analogized creditor negotiations with negotiating at a Garage Sale.
In this week's episode, I share negotiation lessons that I learned from participating in our community garage sale, specifically regarding how an item's presentation impact its sale-ability. Using that analogy, if you are a real estate investor (or in sales of any kind) how are you presenting your properties, how are you presenting your offers, how are you presenting yourself?
These are all topics I discuss in this week's episode. If you have any feedback on "presentation" please comment, and if you like the episode, please share with others you know who are in sales.
- Episode 85:Zombie Debt !!
Just a few days prior to Halloween, I get to discuss a scary topic - ZOMBIE DEBT !!
You'll likely have a few Zombies show up to your house on Halloween, but we're talking about a different type of undead...
Zombie Debt is debt that was eliminated because it is beyond the statute of limitations, it was charged off, it was eliminated in bankruptcy, it was paid off, or something else happened to make it go away, but years later, the debt (through a debt collector) rises from the dead and tries to take money from you to satisfy the otherwise uncollectible obligation.
This episode focuses on strategies to finally eliminate Zombie Debt!
- Episode 84:Client Success Story
This week's episode is one of my favorites, because I get to share a success story around a client who was being chased (harassed) for over $21,000 related to the repossession of a jet ski. The best part about this story is that I was able to convince the creditor to leave my client alone and drop the debt entirely - from $21,000 owed to $0 owed !!
How did I do it? You have to listed to the episode.
If you have a creditor chasing you for money and you do not believe that you owe it, or you do owe it but are unable to figure out how to pay it, you do have options other than bankruptcy. Please contact me and we can discuss your situation.
- Episode 83:Freddie Mac Exclusionary List Update
In this week's episode of the podcast, I look at the last 9 requests to Freddie Mac to take people off of their Exclusionary List. If you want to hear more about the Exclusionary List, please listen to Episode 32. This episode is about different things I've learned in trying to get people off of the List - my successes and failures.
I would appreciate if you would share this episode with a mortgage originator, realtor or title company you know because they are the ones who can refer people who are on the List to me for review, and in this area of the law, I can represent people all over the country!
- Episode 82:Non-Dischargeable Debts
In this week's episode of the Podcast, we talk about debts that are non-dischargeable, meaning these debts are not eliminated by a bankruptcy filing. The episode comes from from a listener question about a debt arising from domestic violence.
Some examples of non-dischargeable debt include:
- Certain Income Tax Liabilities
- Debts that arise from fraud
- Debts that relate to injury or damage related to operation of a motor vehicle while drunk or intoxicated
- Creditors who are not included in the bankruptcy filing
- Student Loan debts
What other debts do you think are or are not dischargeable?
- Episode 81:Business Bankruptcy with Samantha Dammer
In this week's episode, we interview Samantha Dammer, owner of Tampa Law Advocates to discuss Chapter 7 Bankruptcy for businesses.
Samantha has been practicing just as long as I have - 18 years as of the recording of the podcast episode, and has been practicing bankruptcy in Florida for 10 years.
Some of the issues we discuss:
- When would a Chapter 7 be appropriate for a business
- Why would a business want to file bankruptcy
- The benefits (and some drawbacks) to filing a business Chapter 7
- The mechanics of a business Chapter 7
- And other topics
You can contact Samantha at 813-288-0303 or visit her website at www.tampalawadvocates.com.
- Episode 80:Debtor's Prison
In this week's episode, I welcome my friend Matt Lapointe, an attorney with the firm Blalock Walters in Brandenton, FL.
Matt and I were talking recently about the number of clients I have who all fear being taken to prison for failure to pay a debt - called debtor's prison. In fact, debtor's prison no longer exists and so Matt, a self-described history buff researched the issue of debtor's prison and we discuss this history of debtor's prison in this week's episode of the podcast.
You can reach Matt at firstname.lastname@example.org or 941-748-0100. Matt focuses on corporate and transactional law (meaning he does not go to Court, although he has attorneys in his firm who do if necessary).
- Episode 79:Success Rates in Chapter 13
I found an interesting article about success rates in Chapter 13, reorganization cases that I summarize in this week's episode.
For purposes of the article and podcast, "Success" means that the debtor completed all payments in his Chapter 13 bankruptcy. The results are interesting in determining:
- Should you file individually or jointly with a spouse?
- Should you file on your own or with an attorney?
- What are the Success Rates on your second chapter 13 (after the first one was unsuccessful).
Please let me know what you think of this statistical analysis, and if you want a free copy of the report, please contact me at Shawn@Yesnerlaw.com.
- Episode 78:Interview with Paul Moore
In this week's episode, I interview Paul Moore with Wellings Capital, and author of The Perfect Investment.
Paul and I discuss strategies to minimize tax liability. As a disclaimer, neither me or Paul are CPA's, Tax Attorneys, or otherwise, but we both have some knowledge and experience with the material.
We discuss strategies like:
- Investing in Real Estate
- Hiring a Tax Strategist
- Use Cost Segregation to Accelerate Depreciation
- 1031 Exchanges
- and more.
You can contact Paul and order his book The Perfect Investment on his website www.wellingscapital.com, or from Amazon at https://www.amazon.com/Perfect-Investment-Enduring-Historic-Multifamily-ebook/dp/B01M0UDZ4D/ref=sr_1_1?ie=UTF8&qid=1504727528&sr=8-1&keywords=The+Perfect+Investment
Or you can order his report that forms the basis of this episode on his website, or from Paul directly at Paul@WellingsCapital.com.
In addition, check out Paul's Podcast - The How To Lose Money Podcast on iTunes and Android podcast players.
- Episode 77:The Scholarship System
In this week's episode of the podcast, I interview Jocelyn Paonita from The Scholarship System.
This was one of my favorite interviews. Jocelyn was able to have her entire college education paid for by scholarships. The Scholarship System helps people find scholarships for students at all levels of education, wherever scholarships may be available.
Student loan debt is a serious issue in our economy and Jocelyn's example and her systems can help reduce student loan debt before the students actually incur the debt!
The Scholarship System helps people find the scholarships, and then they implement strategies to complete the application for the scholarship.
You can find more information, as well as Jocelyn's contact information at www.thescholarshipsystem.com. Check out their blog, the free webinar, and all of the other information on the website!
You can reach me with student loan questions at www.yesnerlaw.com or email@example.com
- Episode 76:Living a Spectacular Life, My Referrals for Life...
This week's episode was recorded during a Referrals for Life social at my house.
I had 5 guests:
Tom Fleming- TomF@BNI.com (BNI Executive Director and Asentiv Trainer)
Rob Kellog - Rob@FastBreakMarketingTeam.com (Fast Break Entertainment and Brewing Up Business)
Tiffanie Kellog - TiffanieK@asentiv.com (Asentiv Trainer, Fast Break Entertainment and Brewing Up Business)
Jason Avery - Jason@AveryHomeRemodeling.com (Avery Construction, Asentiv Trainer, Constructing Success, Inc., and a new Cabinet Company startup)
Dr. Marnita Sandifer - SpaCafe@RoadRunner.com (Spa Cafe and BNI Trainer)
Shawn Yesner - Shawn@YesnerLaw.com (Yesner Law, Florida Suncoast Title, Crushing Debt Podcast, BNI Trainer)
We talk networking, business generation, referral generation, and something that connects all of us - every speaker on this week's podcast has multiple streams of revenue in addition to their primary business. From my perspective, I always try to align myself with successful and positive people.
If you live in the Tampa Bay area and want to learn more about Referrals for Life and joining our community here in Tampa Bay, please contact me (or any of the guests on this week's show). What you'll learn is that the goal of the Referrals for Life community is for us all to live a spectacular life !!
- Episode 75:Quit Claim Deeds and Quiet Title Lawsuits
In this week's episode of the podcast, we talk about whether a quit claim deed or a quiet title lawsuit can stop a foreclosure, from a listener of the podcast!
Many people believe that transferring a home to a third party and then filing a quiet title lawsuit will defeat a foreclosure lawsuit. Unfortunately, under FL law, the answer is "no."
How I get to that answer is in this week's episode.
If you're facing foreclosure, please visit our website at www.YesnerLaw.com, or email me at Shawn@YesnerLaw.com
- Episode 74:Attorney Bryan Levine on Association Enforcement
This week's episode is Part II of my interview with Bryan Levine of Knox Levine, PA. IN this week's episode, we talk about the different enforcement mechanisms available to Homeowner and Condominium Associations.
When can they claim a lien?
What are they entitled to collect?
- Episode 73:Surplus Funds and Associations
In this week's episode, we discuss what happens to surplus funds when someone buys a house at a foreclosure auction. Surplus funds exist when the winning bidder paid more than the amount owed to the bank.
This week's episode is a product of another listener question, and is an interesting take on a long-standing Florida Law regarding the association's ability to collect assessments against someone who bus the property at foreclosure auction. What if there are excess funds following the foreclosure sale, but the person foreclosed still owes the association money? Can the winning bidder force the association to take the surplus funds to satisfy the debt owed by the former owner?
We're unsure if there is a clear legal answer to the question, but I give the logical answer in this week's episode. Let us know what you think of my answer?
- Episode 72:Association Questions with Bryan Levine
In this week's episode, we interview Bryan Levine. Bryan is a partner at Knox Levine, a firm that focuses on representing condominium and homeowner associations.
Recently, Florida passed a law known as the "Estoppel Law," Senate Bill 398. This new law governs certain aspects of what an association can or cannot do when issuing an estoppel letters - those letters that associations issue to let the homeowners know what they owe, what assessments are due, and other financial aspects of the property.
Some things included in the law:
1. The time-frame within which the Estoppel Letter must be issued;
2. A cap on the amount the association can charge for the letter;
3. Describes what information must be included in the Estoppel Letter;
4. The Estoppel Letters must be valid for 30 - 35 days.
If you get a letter from an association and have questions, please send me an email at Shawn@YesnerLaw.com or www.YesnerLaw.com.
- Episode 71:Listener Questions Answered
In this week's episode of the Crushing Debt Podcast, I answer more listener questions, like:
1. Can you finance a car while in a Chapter 13 bankruptcy?
2. Can a landlord garnish wages?
3. Does it pay to fight a lawsuit against me seeking $1,200?
4. Is a homeowner entitled to surplus funds following a foreclosure sale?
5. Can sellers change their mind about selling their property?
Thank you for supporting the podcast by sending in some great questions. We hope you enjoy the content and please keep the questions coming. If you have questions related to any of the above questions that I answered, please reach out at firstname.lastname@example.org, or www.yesnerlaw.com.
- Episode 70:The Intersection of Association and Bankruptcy Law
In this week's episode, we talk about the intersection of bankruptcy and condominium / homeowner association law.
Many times, people don't understand that they still owe their homeowner association or condominium association even though they filed bankruptcy. This is because the bankruptcy code says that assessments due post-filing (post-petition) are not dischargeable, or are debts that are unaffected by the bankruptcy filing.
What do you think? Should ongoing assessments be dischargeable after the bankruptcy is filed? Let us know at Shawn@YesnerLaw.com or www.yesnerlaw.com.
- Episode 69:Interview of Insurance Agent Richard Ficca
In this week's episode, we interview Richard Ficca, owner of Florida Coastal Insurance.
Rich is a friend, referral partner, and mentor. Rich has built a multi-million dollar insurance company. He's been in the insurance industry for over 21 years, 15 of that as an instructor for other insurance agencies. Rich is also an insurance agency valuation expert.
Rich talks all about hurricane preparedness, but brings it into the 21st Century. You'll hear Rich's explanation of:
- How to document all of the stuff in your home.
- What apps you should have on your phone.
- Using a thumb-drive to store your personal information.
- Why you should buy a $5 power strip.
What are some of your best Hurricane tips? Email me at Shawn@Yesnerlaw.com
- Episode 68:Negotiations & Garage Sales
We recently had our neighborhood garage sale, and it occurred to me that I could use that opportunity to practice my negotiation skills with very little risk.
When negotiating, you need to have two things in mind:
1. What is your price (either as a buyer or as a seller)? Know your value and be confident about it. When dealing with a creditor, know your financial information, so you can be confident in the settlement offer to the creditor.
2. There is value in taking less or compromising - a value to "not put it back in the garage." When settling debt, there is a value to getting the creditor to go away, even if the creditor is asking for more than what you want to pay. What is the opportunity cost inherent in settlement? What is the emotional value to settle?
- Episode 67:Interview with Business Coach Tom Wolf
In this week's episode, we interview Tom Wolf, a business coach, author and speaker here in the Tampa Bay area.
Tom's business excels at helping business owners to leverage themselves, so they can work on their business instead of in their business. Tom has an interesting and diverse background. He has owned an IT Staffing Company, 10 Great Clips Franchises. Tom has a lot of experience in building and selling companies.
Now Tom focuses on finding your purpose and has a 7-step program to answer the question, "who am I and why am I here?" Tom also has a work-book related to his coaching program.
To contact Tom or Pam Wolf, you can get ahold of them at:
- Episode 66:Can I Rent My House if it is in Foreclosure?
Another week, another listener question.
In this episode we answer a realtor question: "How does someone rent out a house in Foreclosure? Is this a scam? It is in the MLS"
Interestingly, this is not, necessarily, a legal question. It may be a moral question.
What do you think? Let me know if you think it should be proper to rent out your house while the house is in foreclosure.
- Episode 65:Tips on Consolidating Debt
In this week's episode, we answer a question from a listener in Colorado.
"I no where near the point of bankruptcy, but my husband and I have a lot of debt and are treading water trying to stay afloat most of the time. Any tips on consolidating debt or getting things paid off quickly for the self-employed."
First, the laws are different between Colorado and Florida.
Second, what type of debt are we dealing with - unsecured debt, secured debt, student loans, IRS, credit cards, hospital bills, etc.?
In this episode, we answer the listener questions with some tips on consolidating and ultimately crushing your debt.
Please share this episode on social media if you enjoy the content!
- Episode 64:The Seven Hour Book with Nick Raithel
Would you like to write a book in seven hours or less? Do you want a system to get a professionally-published book in seven hours or less?
This week's guest is Nick Raithel of The Seven Hour Book. Nick can put together content, create graphics, help with publishing, and anything else necessary to get a book completed that you write!
So how does this have to do with Crushing Debt? Writing a book will position you as a leader in your industry, thus generating direct revenue (from book sales) or indirect revenue (through search engine optimization, speaking engagements, etc.). In addition, providing material through a published book is a way to give back to the community by sharing information.
You can reach Nick by going to his website www.contentcorps.net.
If you have questions about becoming a published author in 7 hours or less, please contact Nick.
If you have questions that I can answer, please contact me at www.YesnerLaw.com. If you want more information about our upcoming book, Crushing Debt, please email me directly at Shawn@YesnerLaw.com with the subject line "Crushing Debt Book."
- Episode 63:Juliet Kyes of ActionCOACH Tampa Bay
Episode 63 of the Crushing Debt Podcast is our interview with Juliet Kyes of ActionCOACH Tampa Bay.
One way to eliminate debt is to work with a business coach and ActionCOACH Tampa Bay is one of the best, not only in the Tampa Bay area, but also within the ActionCOACH Franchise.
Juliet and I discuss:
- The Five Ways, which is an ActionCOACH system designed to help increase results in business.
- The ActionCOACH library of materials.
- OMG! WTF? What's the Focus?: A Guide for Building an Actionable Business Plan by the ActionCOACH Tampa Bay team. You can find it here on Amazon: https://www.amazon.com/OMG-WTF-Whats-Focus-Actionable/dp/0692443290/ref=sr_1_1?ie=UTF8&qid=1495052695&sr=8-1&keywords=juliet+kyes
And other great material!
You can reach Juliet by going to her website: www.ActionCOACHTampaBay.com
- Episode 62:Eviction, Ejectment and Detainer Actions
In this week's episode, we explain the difference between an Eviction, and Ejectment and an Unlawful Detainer lawsuit.
Sometimes, landlords and even Courts and attorneys confuse the difference between the three types of cases.
All three types of lawsuits accomplish the same goal - getting someone or something off or out of the owner's property. However, how we get there is different for each type of lawsuit.
- Episode 61:Interview with Public Adjuster Andrew Gordon
In this week's episode of the Crushing Debt Podcast, we interview Andrew Gordon with Reliable Claims Adjusting. Andrew is a Public Adjuster - meaning he works for the insured (the homeowner) versus the insurance company.
Andrew is the insured's advocate against the insurance company to maximize recovery when there is a loss that is covered by insurance.
In this week's episode, we discuss some things people can do to protect themselves either before or after a loss has occurred. Andrew also discovers a few of his success stories.
If you've suffered a loss to your home, or what to know what to do in the event you suffer a loss at your house, contract Andrew at 813-786-5771 or http://www.reliableclaimsadjusting.com/
- Episode 60:What's the Difference between As-Is versus Repair...
I polled a group of about 100 FL Realtors on which residential real estate contract is better for Buyers or Sellers, the "As-Is" Contract or the Repair Limit contract. The answers are in this week's Crushing Debt Podcast!
I regularly speak at BABA (Become A Better Agent) for Insured Title Company. The last time I spoke, we debated the pros and cons of the two versions of the Florida Real Estate Contract in use by most FL Realtors.
The "As-Is" contract gives the buyer the right to cancel the contract after doing inspections, if the Buyer finds that the property is not acceptable.
The "Repair Limit" contract allows the seller to fix the property up to a certain repair limit. If the repairs exceed that limit, either party can cancel the contract, or the Buyer can agree to make repairs in excess of the dollar repair limit.
Which do you think is better for Sellers? Which do you think is better for Buyers?
- Episode 59:Interview with Jason Crawford, Fierce!
Episode 59 of the Crushing Debt Podcast is a great interview with Jason Crawford. Jason's company is called Fierce, Inc., and they help clients with visual marketing.
Fierce, Inc. takes your message, your vision and mission, and describes those things visually, to create more engagement with your customers, clients, referral sources, and the general public.
We talk about social media, Facebook Live, content creation, and other engagement topics.
- Episode 58:The Failla Case and its Impact on Bankruptcy and...
In Episode 58 of The Crushing Debt podcast, we discuss a case called In Re: Failla. This case impacts both bankruptcy and foreclosure cases in Florida, and was a win for lenders, against homeowners and borrowers.
Mr. and Mrs. Failla bought a house in Boca Raton, Florida. Eventually circumstances caused them to fall behind on their mortgage and the bank filed a foreclosure. The Faillas then decided to eliminate their debts in bankruptcy, including stating their intent to "surrender" their house to the mortgage company.
However, when the bank proceeded to foreclose, based on the Failla's intent to surrender the house, the Faillas fought the foreclosure case. The bank objected to the Failla's actions. The case found its way to the 11th Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy and Federal Court cases in Florida, Georgia and Alabama). The decision is from October 2016 and now, unfortunately, means that when someone in bankruptcy indicates an intent to "surrender" the house, they're no longer allowed to later defend the foreclosure case.
Do you agree with the Court's decision?
- Episode 57:Interview with AFLAC Agent Brian Morris
Regular listeners to the Crushing Debt Podcast know that we are HUGE fans of AFLAC.
In this week's episode, we interview Brian Morris, We talk about a very personal story about why Brian became an AFLAC Agent.
AFLAC helps people with short term disability for accidents, cancer, and other situations. AFLAC pays money to bridge the gap between the promise of health insurance, and the protection of health insurance.
Not only is Brian responsible for helping business owners and individuals obtain AFLAC, he is also responsible for growing his AFLAC team here in the Tampa area.
If you are interested in AFLAC, either to purchase a policy or become part of Brian's team, please contact him at 727-492-9960 or David_Morris@us.AFLAC.com (Brian's first name is actually David).
- Episode 56:Real Estate Contract Updates
In Florida, there is a committee made up of 10 Realtors and 10 attorneys that get together every few years to review the standard form contract in use by most residential real estate agents in Florida. The contract is called the FAR/BAR (Florida Association of Realtors / Florida Bar). The intent of the contract is to provide a fill-in-the-blank form for Realtors to use to avoid an allegation of the unlicensed practice of law.
In this week's episode, we discuss some of the major changes that just went into effect on April 4, 2017, including:
- What are the duties of Buyer and Seller with respect to expired or unpermitted work;
- The location of the closing;
- Changes to the financing contingency, including a definition of the phrase "diligent effort;" and
- Approval to obtain notice if the Buyer does, or does not, obtain financing.
This is not an exhaustive list of all the changes. If you have questions about interpretation of the revised FAR/BAR, or any real estate contract, commercial or residential, please reach out to us at Shawn@YesnerLaw.com or www.yesnerlaw.com.
- Episode 55:Interview with Personal Injury Attorney Marielis...
In Episode 55 of the Podcast, we interview Marielis Rivera, a personal injury attorney with the firm of Pipas Law Group.
Like me, Marielis started on the "other side" representing insurance companies being sued by injured parties. Now, however, Marielis represents only injured parties.
Many times, injured parties are unable to work because of their injuries and, when income drops, there is a ton of stress in addition to their injuries. Marielis does a great job of informing her clients of their options and helps her clients to manage their debts until the lawsuit is over.
You can contact Marielis on her cell phone at 813-509-6606, or on Facebook.
You can contact us at Shawn@Yesnerlaw.com or www.yesnerlaw.com. We would appreciate if you would leave a positive review of the Crushing Debt Podcast if you enjoy the content, and ask a friend to subscribe and listen to our weekly episodes!
- Episode 54:Chapter 13 Case Study
In this episode of the podcast, we talk about a former client and an aggressive strategy we used to eliminate a potential mortgage deficiency.
The client was divorced and her ex-husband kept the property. The problem for our client was that she was still on the Promissory Note and Mortgage. The divorce did not (and can not) eliminate her liability to the lender under the promissory note and mortgage.
Years later, the husband passed away and the bank, in this case a credit union, pursued the ex-wife for foreclosure. Credit Unions never (in our experience) waive deficiency, so our client was still financially responsible to pay any deficiency to the Credit Union.
The client did not qualify for Chapter 7, so we filed a Chapter 13 reorganization (or payment plan) bankruptcy, with the hope that the Credit Union failed to file a claim in the bankruptcy case (meaning the Credit Union would not get paid).
It is an aggressive strategy because if the Credit Union had filed a claim in the bankruptcy case, they would have been entitled to payment and the payments to the bankruptcy court would have been unaffordable.
We hope you enjoy this week's episode. If you have questions about how we were able to help her and why it is an aggressive strategy, please listen to the episode, or send us an email - shawn@YesnerLaw.com or www.YesnerLaw.com.
- Episode 53:What Laws Ended in 2016?
Welcome to Year 2 of the podcast. As you have seen from previous episodes, we have re-branded the podcast and it is now The Crushing Debt Podcast, where our goal is to help you eliminate the financial bullies in your life.
This week's episode is a review of the different laws that expired at the end of 2016, and some new case law that impacts foreclosure defense in 2017 and going forward, unless or until the Supreme Court makes a conflicting decision.
What did we lose? HAMP which helped with modifications, HARP which helped with refinances, HAFA which helped with short sales, and the Mortgage Debt Relief Act, which made mortgage and foreclosure deficiencies non-taxable.
In addition, we discuss the Bartram case, which has a huge impact on foreclosure law here in Florida.
We hope you enjoy the content, and we ask that you share this post and episode if you think the content has value!
- Episode 52:Interview with Jason Avery, host of Room Full of...
Welcome to the last episode of the first year of the podcast!
In this week's episode, we have a repeat guest, Jason Avery of Avery Construction and Constructing Debt. However, in this episode of the podcast, we talk to Jason about Room Full of Referrals provided by Jason through the company, Asentiv.
In Room Full of Referrals, we learn that people are faster paced or slower paced, people oriented or task oriented. The seminar is highly useful in determining your own style, learning the behavioral style of other people, and how to use that information to better connect, and generate better referrals.
Jason was my jury consultant a while back and used his behavioral style analysis to help me pick the right jury and win my case! I also utilize tactic learned in Room Full of Referrals to better connect with potential clients and customers. In Room Full of Referrals we learn the Platinum Rule. Everyone knows the Golden Rule - treat others the way you want to be treated. The Platinum Rule is to treat others how they want to be treated.
To reach me, please email Shawn@YesnerLaw.com or www.YesnerLaw.com. As this is Episode 52, we want to continue to provide value to you, our listeners. Please let us know what you like about the podcast, what we can improve about the podcast, and what you want us to keep the same about the podcast.
- Episode 51:Student Loan Debt with Attorney Kelly Petry
In this week's episode, we interview attorney Kelly Petry. Kelly and I discuss issues with Student Loans.
Kelly and I discuss whether student loans are dischargeable in bankruptcy court, how student loans are treated in bankruptcy court, and some things that we can do in bankruptcy court to address the debtor's student loans.
In certain circumstances, student loans are dischargeable. In Tampa, we utilize the Brunner Test to determine whether a student loan can be eliminated by the bankruptcy court. However, there is a very high standard to discharge a student loan in bankruptcy court.
The Brunner factors are: (1) debtor cannot maintain a minimal standard of living if forced to repay the loans, (2) there are additional circumstances that show the debtor's financial condition is going to persist for the foreseeable future, and (3) that the debtor has tried to repay the student loan.
While the standard is high, there have been some inroads and Congress is currently trying to determine if they can provide additional assistance to people trying to repay their student loans.
To contact Kelly, please call her at 813-873-0713.
- Episode 50:Student Loan Debt with Attorney Christie Arkovich
Student loan debt is becoming unduly burdensome. Student loan debt is quickly becoming the biggest area of debt for borrowers who are having trouble making their monthly obligations.
Christie and her firm can help people eliminate or negotiate student loan debt that was taken out by a parent or co-borrower for the student, or for schools that have closed. In addition, outside of bankruptcy court, there are other options to help students eliminate, reduce or negotiate their student loans. Of course, if the borrower can prove "undue hardship" those cases may be dischargeable in bankruptcy court, but that is a high standard and rare.
As you will hear there are many other avenues available to help people negotiate or eliminate their student loan debts, under various federal programs.
We appreciate Christie being on the podcast. We have referred her clients who have been very happy with her services.
Christie offers free consultations and phone consultations. To reach her, please call 813-258-2808 or www.ChristieArkovich.com, www.TampaBankruptcyLawyer.com. Check out her student loan survival package on her website!
- Episode 49:Will Foreclosures Increase in Florida?
In Episode 49 of the Podcast, I discuss the case Bartram v. US Bank National Association, which was decided by the Florida Supreme Court in November 2016.
Bartram is a significant decision in Florida because the FL Supreme Court holds that the bank can file a second foreclosure case, after dismissing its first foreclosure case, even if the date that the borrowers stopped making payments is beyond Florida's five-year statute of limitations.
For whatever reason, some banks decide to dismiss foreclosure cases when those cases have a technical deficiency (ownership of the promissory note for example). If it took the bank too long to fix that issue, so that the date of default became more than five years old, some courts in Florida held that the bank could not foreclose again (because the default date was more than 5 years old). Bartram reversed that line of thinking and, because it was decided by the Supreme Court of the State of Florida, that is now the "law of the land" in Florida.
The Court did say that any payments that were past due more than 5 years are uncollectible as being beyond the 5-year statute of limitations, but the foreclosure itself could proceed as long as the bank alleged a default date that was within the five years - meaning the bank would simply waive any late payments that are more than five years past due and continue their foreclosure. Already we've seen a slight increase in foreclosure filed under these circumstances.
Also note we are changing the name and branding of the Podcast to Crushing Debt. You'll hear the name change in Episodes 53 and beyond. We've updated the logo with this episode and would appreciate any feedback!
- Episode 48:Shawn Interviews Tiffanie Kellog who Interviews...
In this Episode of the podcast, we have our friend Tiffanie Kellog back for an interview. Tiffanie has a new book out, Knock the Socks off your Audience, to go along with her first book 4 1/2 Networking Mistakes and its accompanying workbook, Networking for Results.
In this episode of the podcast, Tiffanie turns the tables and interviews me on what makes a good referral for Yesner Law, using some of the techniques she writes about in her books.
You can find and order Tiffanie's books on Amazon.
Please leave a review or comment if you enjoy the content.
- Episode 47:Show Me The Money!! An Interview with Loren...
In this week's episode of the Podcast, we again interview our friend Loren Pincus. In addition to being a personal injury and criminal law attorney, Loren is also a sports agent for Minor League Baseball.
Loren has a few clients who may get called up to the big leagues, moving Loren to the big leagues as an agent himself. While Loren is a fantastic attorney, you can hear in his voice that being a baseball agent is his true passion.
This was one of my most interesting interviews and one I enjoyed the most. Loren talks about what it takes to be a sports agent, particularly in Minor and Major League Baseball.
You can learn more about Loren at www.GreenLineSportsManagement.com, or follow him on twitter @Greenlinesm.
- Episode 46:How to Value an LLC in Bankruptcy Court
When a small business owner files bankruptcy, their company becomes an asset of the bankruptcy case. Therefore, the business owner needs to evaluate the value of the business.
Some business owners want to say that their small business is worth nothing because if they don't work, the company doesn't make money and is worth nothing. However, the bankruptcy judges and trustees in Tampa will not accept that argument, because the business has value. What would a competitor pay to buy the business? What is the value of the assets of the business? What are its receivables? What are its revenues? Its profits?
In this episode of the podcast, we review all of these different valuation techniques in connection with business owners who want to file personal bankruptcy.
- Episode 45:Interview with Tyler Sheff of The Cash Flow Guys
In this week's episode, I have a conversation with Tyler Sheff of The Cash Flow Guys. Tyler is a real estate investor, coach, consultant, podcast host, and most importantly a friend and mentor to me personally.
Tyler is one of the real estate investors that does it right. He always looks for a win-win scenario and coaches his students in the right way to buy and invest in real estate (i.e. without taking advantage of anyone).
Tyler refers customers, clients and investors to Yesner Law and we very much appreciate the referral relationship we've created with The Cash Flow Guys.
We recently acquired equipment that allows us to conduct podcast interviews by skype and Tyler was kind enough to be a guinea pig. This episode is the result. We hope you enjoy the content, and visit Tyler's website for more information.
- Episode 44:The Five Factors that make up Credit
Typically, people dealing with foreclosure, bankruptcy or short sales are concerned about the impact those things may have on their credit.
We focus on taking the mystery out of your credit score, so that you can focus on eliminating the potential liability to the creditor. However, understanding what makes up a credit score will help when facing foreclosure, bankruptcy or short sales, even though credit does recover quickly.
The five factors are:
- Payment History - 35%
- Credit Utilization - 30%
- Length of Credit History - 15%
- Credit Mix - 10%
- New Credit - 10%
We discuss these factors in detail in this week's episode of the podcast.
- Episode 43:Interview with Personal Injury Attorney Loren...
In this week's episode of the Podcast, we interview attorney Loren Pincus, with the firm Yanchuck, Berman, Wadley, Zervos & Thomas. Loren focuses on Criminal Law and Personal Injury Law.
What should you do if you're involved in a car accident? In this week's episode, Loren answers this question, as well as other questions like Uninsured or Underinsured Motorist Coverage, Bodily Injury Coverage, PIP Coverage, and Florida's recent law change that requires someone involved in a car accident to see a doctor within 10 days of the accident.
- Episode 42:Bankruptcy Chapter 6.5
Bankruptcy Chapter 6.5 is a term of my creation and it references a situation where a homeowner files Chapter 13 bankruptcy to save their home through a mediated loan modification, but then dismisses the bankruptcy once the modification is completed - thus completing half of a Chapter 13 reorganization (13 divided by 2 equals 6.5).
Recently, I posted a blog article and related podcast that asked the question "Why is Bankruptcy so Odd?" In that article, I never discussed Chapter 6.5. You won't find Chapter 6.5 in any bankruptcy law book, code book, or rule book. You won't even find it amongst any slang around the courthouse (unless, of course, this podcast episode and its related blog go viral).
Today's episode covers when this might be a good strategy for someone in bankruptcy or foreclosure, and also covers why this strategy exists in the first place - it has to do mostly with the way payments are accepted and applied by the Chapter 13 Trustees here in Tampa, Florida.
We hope you enjoy this episode. If you have any questions, or if you have topics that you think would make a great future topic, please contact me at by email at Shawn@Yesnerlaw.com, or visit the Yesner Law website.
- Episode 41:Interview with Civil Litigation Nickolas...
After a Thanksgiving Break, we're back!
In this week's episode, we interview Attorney Nick Ekonomides again, but this time on the issue of commercial foreclosures.
Commercial Foreclosures are different than residential foreclosures. Many of the defenses available in a residential situation are unavailable to the commercial defendants. In addition, other issues like assignment of rents and receivers often come up in commercial foreclosure litigation.
- Episode 40:Bankruptcy is Odd
In this week's episode of the podcast, we discuss bankruptcy and why it is broken into all odd-numbered chapters, except for one even-numbered chapter. We also go into a little detail about the differences between all of the bankruptcy chapters.
We hope you enjoy this week's episode. Please let us know if you have any questions, comments or topics you want us to cover in future episodes.
- Episode 39:Interview with Home Inspector Matt Friesz
In this week's episode of the podcast, we interview Matt Friesz with Properly Inspected Home Inspection.
When buying a house, we HIGHLY recommend obtaining a home inspection and Matt is one of the best in Tampa Bay. We discuss what a home inspection covers and what it doesn't cover. We discuss what types of inspections Matt performs; he can do inspections for home buyers, home sellers, insurance purposes, and for other reasons.
There's even a horror story or two in this week's episode.
To contact Matt, please visit his website: www.properlyinspected.com.
- Episode 38:Interview with Civil Litigation Attorney Nick...
In this week's episode, we interview Nickolas Ekonomides, who practices in civil litigation. Civil litigation and Nick's practice primarily focuses on disputes between businesses that owe money or are owed money.
Nick and I discuss non-compete agreements, exclusivity agreements, and other issues that cause disputes between business owners or landlord / tenant.
- Episode 37:Interview with Barb Hennessey
In this week's episode, we interview Barb Hennessey with The Joy Within, a company that uses somatic intuitive training to help people release and recover from their emotional stresses. Barb can help people who have any type of emotional pain or trauma: the loss of a loved-one, PTSD, financial trauma. This is where Barb overlaps with Yesner Law; she can help people who are upset at their current financial situation, where we can help people keep their creditors at bay, or eliminate those creditors entirely.
- Episode 36:What Happens When Only One Spouse Files?
We come across situations often where one spouse wants to file without involving the other spouse. Maybe one spouse carries the debt. Maybe the parties are divorcing. The questions I get most often are: (1) can I file alone? (2) what happens to the debt of the other spouse? (3) how else will my spouse be affected.
Sometimes this also comes up in situations where one roommate wants to file, and I've even had this happen a few times where the parties are in a relationship (whether straight or gay) and the question is "how does this affect my significant other?"
The answer is that it really won't affect the non-filing party. We explain further in this week's episode of the podcast!
- Episode 35:Interview with Commercial Realtor David Rosenthal
In this week's episode of the Yesner Law Podcast, we interview David Rosenthal, who is a commercial real estate agent here in Tampa Bay.
David has accounting experience and experience with helping his clients review a commercial real estate deal to see if it is a good fit for the client's needs.
Commercial and Residential real estate are really two completely different things. Most residential realtors know nothing about commercial real estate.
If you'd like to contact David, please call 813-245-7333. David@GrimaldiCommercialRealty.com.
- Episode 34:Wells Fargo and Bankruptcy, a Bad Mix
Hello Yesner Law Podcast listeners. This episode is all about Wells Fargo and Bankruptcy. I wrote a blog about this topic below. For this week's episode, I simply read the blog post because I think the content is still good and accurate. I hope you enjoy. If you have questions or ideas for another episode, please contact me at Shawn@yesnerlaw.com or www.YesnerLaw.com.
Each night, as we sleep, Wells Fargo combs the Federal electronic database of all new bankruptcy filings looking for a customer that filed Chapter 7 bankruptcy. When that happens, WF freezes the clients checking and savings accounts, thus denying the depositor access to his money.
The apparent authority for Wells Fargo to do this comes from a United State Supreme Court Case, Citizens Bank of Maryland v. Strumpf, 516 U.S. 16 (1995). In that case, the Supreme Court ruled that a deposit account is "nothing more or less than a promise to pay, from the bank to the depositor" and the bank's "temporary refusal to pay was neither a taking of possession of ... property nor an exercising of control over it, but merely a refusal to perform its promise." Accordingly, the Court ruled that the freeze was allowed and did not sanction the bank for its conduct.
Wells Fargo banking customers who live in the Tampa Bay Area and other areas comprising the Middle District of Florida will have to do some pre-bankruptcy planning. The most logical strategy is to move the money from a Wells Fargo bank account to another bank (as of the writing of this article, Wells Fargo is the only bank that imposes this account hold.) Another possible strategy is to remove sufficient case funds to cover regular expenses until such time as the Chapter 7 Trustee has an opportunity to review the schedules and send notice to Wells Fargo that the hold can be removed. Although this process normally takes a few days, it could take up to 30 days or more. Both of these strategies will have an impact on a debtor's bankruptcy petition and must be disclosed within the schedules. Thus having experienced legal counsel is a necessity when making a determination whether bankruptcy is the best option.
... or we could try to get Wells Fargo to change their policies ...
- Episode 33:Avoiding the Business Card Graveyard with Tanya...
Episode 33 of the podcast features our friend Tanya Cielo of Sky Strategic Marketing, a full service marketing agency based in Tampa Florida. The Sky team specializes in helping business owners soar above their competition and claim their unfair share of business in the marketplace!
Tanya helped me with a presentation titled "Avoiding the Business Card Graveyard." In this episode, Tanya and I discuss tips and techniques for working a networking event and turning those business cards you collect into relationships, rather than letting them slip into a desk drawer forever.
- Episode 32:What is the Freddie Mac Exclusionary List?
Did you know that Freddie Mac maintains an "Exclusionary List?" Real Estate professionals, including Mortgage Originators, Realtors, Title Companies, Attorneys, Surveyors, Appraisers, and others associated with a real estate transaction may find themselves on this list if they do something that could potentially cause harm to Freddie Mac or its investors. If someone is on the List, they are
The process is fairly one-sided. When Freddie Mac perceives someone should go on the list, they send a letter giving the party 30 days to respond. If they fail to respond, or Freddie Mac rejects their response, the person or entity finds themselves on the list. They can apply to come off the list two years after being on the list and then annually thereafter.
The challenge is that Freddie Mac will not explain how to come off the list, nor why a request to come off the list was approved or rejected.
Yesner Law has helped many real estate professionals come off the list and, in this episode, we describe our experiences (both successfully and unsuccessfully) with the Freddie Mac Exclusionary List.
If you have questions, please contact us at Shawn@YesnerLaw.com or www.yesnerlaw.com.
- Episode 31:Client Expectations
Recently, I posted a blog article titled "Your Attorney's Biggest Frustrations." That post flowed from an idea that I recorded, which became this episode. Why is it important to manage our clients' expectations? What can we do for clients, and what are we sometimes unable to do for clients?
Our goal is to eliminate our clients' financial bullies. It would be difficult to do that if we become another of those bullies! Therefore, clear communication and realistic client expectations are key. We've taken on work where we may have faced a legal or factual uphill battle because our client had clear goals and expectations. Conversely, we've declined work where we had a good chance at prevailing, because a "win" in court would have poorly translated to the "win" the client was seeking by hiring us.
What are some other thoughts you have about client expectations in managing the relationship between you and your lawyer? We would love to hear your comments.
- Episode 30:Interview of Kerry Kott with Pure Elements Healing
In this week's episode, we interview Kerry Kott with Pure Elements Healing. The intent of the podcast is to provide information to help relieve people from their financial stresses and bullies. Pure Elements Healing helps to relieve every day stresses, and makes their clients feel safe and secure.
Pure Elements Healing offers a variety of stress relief services, including Acupunture, Facial Rejuvenation, Food Healing and Coaching, Essential Oils, Meditation, Yoga, Cupping (made famous at this year's Olympics), and Ear Seeds. Kerry can be reached at www.pureelementshealing.com.
- Episode 29:What Questions Will the Bankruptcy Trustee Ask?
In this week's episode of the podcast, we talk about different questions a debtor may receive from the bankruptcy trustee.
We've covered hundreds, maybe thousands, of these types of creditor meetings over our career and we're pretty comfortable that we've heard almost every question the trustee could ask.While the episode does not contain everything the trustee will ask, it does hit the major points.
This podcast tracks a blog post we wrote on the same topic: http://www.yesnerlaw.com/blog/2016/08/what-will-the-bankruptcy-trustee-ask.shtml
- Episode 28:Filing Bankruptcy More than Once
In this week's episode of the podcast, we describe situations where someone who has filed bankruptcy in the past has to file again for the second or third time.
We previously posted a related blog describing how long someone has to wait between filing bankruptcies, assuming the previous bankruptcy was successfully discharged. You can find that blog here:
In this week's podcast, we discuss a couple of other related issues around the same topic.
- Episode 27:Interview with Sara Chiarilli
In this week's episode of the podcast, we interview Sara Chiarilli, owner of Artful Conceptions, LLC. Sara is an interior designer, which means that she has a degree in interior design, versus an interior decorator who is someone without a degree who may have an eye for decorating (or maybe not).
What are some other differences between Interior Design and an interior decorator? What can Sara do in a Commercial Space as opposed to a Residential Space? How does Sara help with a room remodel? Find out in this week's episode!
Sara can be reached at her website: http://www.artfulconceptions.net/, or on her cell phone is 941-539-4322 if you have any questions.
- Episode 26:What is Lien Priority?
Episode 26 of a weekly podcast means we're half-way to one year's worth of episodes! We appreciate the support of our listeners!
In this episode, we answer a question from one of our listeners! Our listener, Tyler, bought property at a foreclosure sale of a junior lien (second mortgage, condo association, etc.). Now the first mortgage is foreclosing to take the house away from the investor. What can our investor/buyer do to protect himself?
Great question! Two answers:
1. Pay off the superior lien in full; or
2. Get the former homeowner's cooperation and negotiate a short pay off with the foreclosing lender.
One other option is to rent the house for as long as possible to recoup as much of the investment as possible, until the bank finally forecloses and takes the house away. If this is a solution then notice must be given to the tenant so that they are not surprised by a subsequent foreclosure sale.
The title of this podcast, "Lien Priority" comes from the system of determining which lien is first in line. What allows the first mortgage to foreclose even after the second mortgage or homeowner's association has foreclosed? Why can the second mortgage or other junior lien foreclose without naming the first mortgage in its foreclosure action? Why do none of these include the County Property Tax Collector in their foreclosure actions? The answer is based on the concept of lien priority.
The great Benjamin Franklin is famous for saying, "An ounce of prevention is worth a pound of cure." That is likely the best advice in this situation in that foreclosure sales are "buyer beware." Therefore, doing your due diligence BEFORE buying the property could prevent issues or losses like the one described by our listener.
We appreciate the question and have more that we'll be answering in future podcasts, and on the blog (http://www.yesnerlaw.com/blog). Of course, we would enjoy answering more of our listener's questions, so please email those to Shawn@Yesnerlaw.com.
- Episode 25:Interview with Kelly Jenkins
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 merchant services business, and her Hidden Kitty Litter Box business, which can be found in the link below:
Kelly has a great story about how she got her job in Merchant Services, and using her sales skills to create two careers - merchant services and direct product sales. Kelly's hidden litter box business was designed to solve a problem that Kelly had related to her pet cats, and provides decorative furniture to cat owners to hide the litter box, and the smell created by the litter boxes.
- Episode 24:The Mortgage Debt Relief Act
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 to foreclosure, the bank may choose to waive the deficit - the difference between the amount owed on the loan and the value of the house. The IRS sees that as a benefit (a debt that is due but does not have to be repaid). The bank reports this by issuing IRS Form 1099-C. Many people misunderstand that the MDRA only excludes the income, the MDRA says nothing about the issuance of the Form 1099-C. What I explain to clients is that they need to file the form 1099-C with their return, AND file the proper forms to show the IRS the deficiency is excluded as income. Of course, the mechanics of how to do that fall within income tax guidelines and so we refer to a CPA or Tax Attorney at that point.
The MDRA is set to expire on December 31, 2016. It is our guess that the law might not be extended into 2017, but that may also be reliant upon the outcome of our upcoming presidential election. Stay posted to our website (www.yesnerlaw.com) or email me at Shawn@YesnerLaw.com for details on the MDRA as they develop.
- Episode 23:Interview with Katie Davis
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. AFLAC provides short term relief. Katie and I discuss the advantages of AFLAC, why someone may want to purchase AFLAC, and how AFLAC will provide some relief when a major (or accidental) medical procedure is necessary.
Katie can be reached by email at Kathryn_Davis@us.aflac.com.
- Episode 22:So You Want to be a Real Estate Investor? Part 2
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 buy and sell contracts. We also talk about strategies to buy and hold property, to build wealth.
- Episode 21:So You Want to be a Real Estate Investor?
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 podcast. You can find Tyler at www.CashFlowGuys.com. Tyler is one of the real estate investors that we think does things properly and his podcast is devoted to helping new, and experienced, real estate investors.
This is Part 1 of two podcasts devoted to this topic. Please check back next week for Part 2.
As always, if you have questions on this topic or any future topic, please email me at Shawn@Yesnerlaw.com or visit our website at www.yesnerlaw.com. You can also find us on Social Media on Facebook, Linkedin, Google+ and other social media sites.
- Episode 20:Probate Questions with Cristin Silliman
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 the inevitable, to keep your family secure in knowing what happens to your stuff when you pass away.
Cristin is the owner of The Legacy Law Firm, LLC in Oldsmar, Florida. Cristin graduated from Florida Coastal School of Law in 2007. She initially worked as an Assistant State Attorney in Clearwater, FL before opening her firm. Cristin's website is http://www.thelegacylawfirmllc.com and she can be reached by email at email@example.com.
You can contact us at www.YesnerLaw.com or Shawn@YesnerLaw.com, and please visit our Facebook and other Social Media pages. Thank you for listening to the Podcast, and we would very much appreciate if you would leave a positive review or comment if you enjoy the content.
- Episode 19:Foreclosure Timeline in Florida
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 foreclosures sped up? Has the new law helped, hurt or had no impact?
- Episode 18:MediationDid 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 mediation. While settlement is never guaranteed in mediation, I have never had a foreclosure mediation result in settlement on the day of mediation, except for one case where the lender was a credit union. For questions about the mediation process, or foreclosures in general, please email me at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com.
- Episode 17:Why File Bankruptcy?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 connect with us on Facebook, Google+ or Linkedin. If you have specific questions, please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
- Episode 16:How Running and Networking IntersectIn 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 results that come with them. I enjoy running 5 and 10k races (and now include swimming laps training for a triathlon) because the time alone helps me to think about ways that I can improve processes here at the office. The time helps me think about the importance of setting goals and measuring my results. I appreciate your indulgence in deviating from the legal podcast content for one week and I hope you enjoy this episode. If you have topics that would make good content, please email me at Shawn@YesnerLaw.com, or visit the website at www.yesnerlaw.com. Also connect with me on Facebook, www.facebook.com/yesnerlaw.
- Episode 15:Trustee Sales in Bankruptcy CourtIn 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 forecloses. While this may seem unfair, it is proper under the Bankruptcy Code and Rules (at least here in Tampa Bay). We discuss when this might happen, and what options the homeowner has to try to avoid this situation. If you have stories where this has happened to someone you know, please share those stories on our social media sites - https://www.facebook.com/yesnerlaw. Or send me an email at Shawn@Yesnerlaw.com.
- Episode 14:Florida's Homestead ExemptionIn 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 many blogs discussing the homestead exemption, including http://www.yesnerlaw.com/blog/2013/05/homestead-asset-protection-strategies.shtml, or you can send me an email at Shawn@Yesnerlaw.com.
- Episode 13:Charged Off DebtWhat 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 website at www.yesnerlaw.com.
- Episode 12:What is a Partition lawsuit?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 litigation, or any other areas of law, please let me know at Shawn@YesnerLaw.com, or visit the website at www.YesnerLaw.com.
- Episode 11:Interview with Tiffanie KellogEpisode 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. For more information, please visit our website, www.yesnerlaw.com, or email me at Shawn@Yesnerlaw.com.
- Episode 10:What is an Interpleader Action?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 party should keep the deposit. Therefore, the title company files an Interpleader Action and deposits the money with the Clerk of Court, to then let the Court decide who is entitled to a return of the good faith deposit. If you have comments on this podcast, or questions, please email me at Shawn@Yesnerlaw.com or visit our website at www.yesnerlaw.com.
- Episode 9:Probate Questions with Lee CarrIn 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 we can help answer those questions. We welcome suggestions on this episode or future content at Shawn@YesnerLaw.com or www.yesnerlaw.com.
- Episode 8:Probate, Loan Modifications and ForeclosureIn 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 me an email at Shawn@YesnerLaw.com.
- Episode 7:Interview of Jason Avery with Constructing SuccessWe'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 businesses. Jason helps discuss the challenges that clients may have, both in the construction industry and in the legal industry. For more information on Mr. Avery, or any topics covered in the podcast, please contact me at Shawn@YesnerLaw.com, or www.yesnerlaw.com.
- Episode 6:Handling your claim in Small Claims CourtIn 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.yesnerlaw.com.
- Episode 5:Construction PermitsAfter 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.
- Episode 4:Why Am I an AttorneyMostly, 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
- Episode 3:Courthouse AuctionsForeclosure 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.yesnerlaw.com, or email me at Shawn@YesnerLaw.com.
- Episode 2:Interview with Jason Avery of Avery ConstructionOur 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.
- Episode 1:Foreclosure Timeline
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 foreclosures sped up? Has the new law helped, hurt or had no impact?
If you have questions, please email me at Shawn@YesnerLaw.com, or visit our website at www.yesnerlaw.com.