Author Archives: Yesner Law
How Has TRID Affected Mortgage Lending?
As of this entry, mortgage lending has been impacted by TRID for approximately six months. Now that we have had some time to process TRID, what are some of the changes it has caused within the title industry? First, however, a little background. The Consumer Financial Protection Bureau (CFPB) was created by the Dodd-Frank… 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 »
Should I Register As A Mortgage Broker To Sell My House?
The Dodd-Frank Act is comprehensive legislation that arose out of the Great Recession and mortgage meltdown that began in 2008. The Dodd-Frank Act created the Consumer Financial Protection Bureau (CFPB) to enforce new and existing lending regulations designed to protect consumers. As of January 10, 2014, all residential mortgage transactions are regulated by the… Read More »
Top Myths About Home Equity Lines Of Credit
Home Equity Lines of Credit (HELOC) are useful for: (1) avoiding mortgage insurance, (2) paying for improvements to the property, and (3) paying down car loans, credit card bills, medical debt or other debt. We often hear these three myths when consulting with clients who have a HELOC. Myth #1 – A HELOC is… Read More »
What Chapter Of Bankruptcy Is Right For Me?
This is one of the more difficult questions to answer when bankruptcy may be a viable solution. The first step in the analysis is the means test, which calculates the debtor’s gross annual income based on a projection using the past six months of income. We then compare the debtor’s gross annual income to… Read More »
Protecting A Child’s Car In Bankruptcy
Often, mostly for insurance purposes, a parent will put their child’s car in their name alone, or jointly with their child. What happens when the parent decides bankruptcy is a good option? How can we protect the “child’s car” when the parent files Chapter 7 or Chapter 13? Florida Statute 222.25(1) provides the debtor… Read More »
What Is The Means Test? Should I File Chapter 7 Or Chapter 13 Bankruptcy
Hi I’m Shawn Yesner with Yesner Law. The Means Test is one of the most confusing things about the bankruptcy process, so I’d like to take a little bit of time to explain it in more detail. The Means Test is what we use to determine whether a debtor can file or must file… Read More »
What Is Chapter 13 Bankruptcy?
What is a Chapter 13 Bankruptcy? What do I need to know? What are some common misconceptions about Chapter 13 Bankruptcy? Listen as Shawn Yesner of Yesner Law dispel 3 of the most common myths surrounding Chapter 13 bankruptcies in Tampa, FL. Of course you can always learn more by visiting our series of… Read More »
Foreclosure Law Update
Recently, the District Court of Appeals for the Second District of Florida (which includes Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota Counties) issued an opinion in the case U.S. Bank National Ass’n v. Busquets. In that case, the appellate court held that the trial court was… Read More »
Myths About Chapter 7 Bankruptcies
Do you have questions about chapter 7 bankruptcy? What are the myths about bankruptcies, especially chapter 7. What is the difference between chapter 7 and chapter 13 bankrupticy? Listen as Tampa Lawyer Shawn Yesner dispels the myths surrounding Chapter 7 bankruptcy, and how you can schedule a free consultation to discuss your options at… Read More »