Author Archives: Yesner Law
How To Read A Title Insurance Commitment
Title Insurance is like any other type of insurance. It is a policy that protects the ownership interest of the buyer (and lien interest of the lender) for anything that happened to or upon the property prior to the closing date. Title Insurance is also often misunderstood and under-appreciated by the buyer. The purpose… Read More »
How To Convey Title: Warranty, Special Warranty Or Quit-Claim?
There are three different forms of deed that can be used to convey title to real estate in Florida: Warranty Deeds, Special Warranty Deeds and Quit-Claim Deeds. Florida Statute 689.01 requires that conveyances of property be by written instrument, signed before two witnesses and a notary public. While Florida Statutes provide a specific form… Read More »
Can I Get A Mortgage Loan Modification Without Providing Documents?
The simple answer is “no, you are unable to get a mortgage loan modification without providing documentation.” People who refuse to provide documents to the bank fall into one of three categories:(1) unable to provide documents because the documents do not exist – these are people who keep poor records, (2) unable to provide… Read More »
What Is Mortgage Priority In Florida?
We had a great question about mortgage and lien priority come in from one of the Yesner Law Podcast listeners: “I bought property at a foreclosure auction. The foreclosure was filed by the second mortgage and the first mortgage was never notified or included as a defendant. Now the first mortgage is about to… Read More »
What Option Is Better: Loan Modification Or Chapter 13?
We recently posted a blog describing options for when the homeowner having mortgage problems wants to sell the property, but what about the homeowner who wants to keep the property? Those homeowners have options too! The best options for a homeowner who wants to keep the house are to reinstate the loan, refinance the… Read More »
What Option Is Best: Short Sale, Deed In Lieu Or Foreclosure?
When facing a mortgage foreclosure, or even the possibility of a mortgage foreclosure, borrowers should ask: “What options are best for me and my family?” At Yesner Law, we will take time to explore these options for free with a concerned homeowner, whether they are in foreclosure, on the path to foreclosure, or see… Read More »
How Many Years Between Bankruptcy Filings?
Bankruptcy has a negative connotation or stigma and although it is a great tool to eliminate or consolidate debt, many people find it is too stressful or intimidating to file more than once. Unfortunately, sometimes, it is necessary to file bankruptcy more than once in the debtor’s lifetime. When or if it becomes necessary… Read More »
Short Sale And Loan Modifications: What Is A “Hardship?”
“Hardship” when negotiating a short sale or loan modification are circumstances that demonstrate a drop in income or an increase in expenses. One of the questions we are asked most frequently is “Do I qualify for a short sale or loan modification?” The answer depends on the homeowner’s hardship. The most common examples of… Read More »
How Do I Make Myself “Look Better” To Qualify For Bankruptcy?
In bankruptcy consultations, we are often asked “What can I do to qualify for bankruptcy?” or the related question “Should I quit my job, get a divorce, incur more debt, etc. to be able to file bankruptcy?” My first full year as a solo practitioner was 2005. The firm did well and I was… Read More »
Buyer Beware When Buying Foreclosure Properties In Florida
Real Estate investors who buy mortgage foreclosure properties at the court house auction often ask us questions about the protecting themselves. Unfortunately, many ask too late. They fail to realize that for the cost of about a year’s worth of air conditioner filters, they can perform a title search to protect their investment, or… Read More »
