Author Archives: Yesner Law
Yesner Law Broadens Mortgage Experience With Addition Of Veteran Legal Assistant
Tampa, Fla. – In dealing with the bankruptcy and mortgage crises still afflicting many families, it is helpful for consumers to have legal representatives who understand both sides of the issues. With the addition of legal assistant Terri L. Sharp, Yesner Law (YesnerLaw.com) has significantly broadened its base of experience in foreclosures, short sales,… Read More »
Fair Debt Collection Practices Act
Wondering about the FDCPA: The Fair Debt Collection Practices Act? How can you stop debt collectors? Yesner Law continues the talk on Zombie Debt Collection Practices and how to stop those annoying calls from debt that has been eliminated, discharged or otherwise written off. The collection agency will still attempt to collect on this… Read More »
What Is Zombie Debt? Video Blog
What is Zombie Debt? How does a 1099-C affect home purchase, what do when you think you’ve been granted debt forgiveness? How do you clear your name when it comes to your debt being passed from collector to collector. Zombie Debt is a problem when it comes to purchasing a home or applying for… Read More »
Disclose Material Defects In Real Estate – Truth In Advertising
Does a Realtor need to disclose material defects in real estate listings? In order to follow Article 12 of the National Association of Realtors Code of Ethics, and to show truth in advertising, the answer is yes. So what can you say to make a not so good property read appealing? Listen to Shawn… Read More »
Top 10 Ways To Avoid Rental Scams
Recently, WFLA in Tampa documented a story about fake landlords using Craig’s List and other internet sites to scam potential tenants out of thousands of dollars. The scams range from collecting a security deposit on a house the scammer does not own, to identity theft. How can a tenant protect himself from these potential… Read More »
OCWEN, Altisource, Hubzu And Real Home Services & Solutions
OCWEN short sale rejection? Curious about the relationship between Altisource, Hubzu & Real Home Services and Solutions? Listen as Real Estate Attorney Shawn Yesner explains the relationship and a case where a short sale was rejected by OCWEN, and asked to be listed on Hubzu through RHSS. Want to learn more about Real Estate… Read More »
Realtor’s Responsibility To The Seller
Listing Management and Bad Faith Negotiations This is out of the standards of practices, this is out of the National Association of Realtor code of ethics. A Realtor shall continue to submit to seller all offers and counteroffers until closing unless a seller has waived the obligation in writing. And this is part that… Read More »
FAR/BAR Contract Updates
The Florida Bar and the Florida Association of Realtors® established a Realtor®-Attorney Joint Committee in 1973, comprised of 10 attorneys and 10 Realtors® appointed by their respective organizations. The FAR/BAR Residential Contract for Sale and Purchase and Comprehensive Riders (collectively, the “Contract”) was created by the committee and, according the Florida Supreme Court, use… Read More »
What Is Joint & Several Liability?
When the bank takes the property back and pays the twelve months to the association. What happens to the balance, in essense? Good question. The statute says that the owner is jointly and severely liable with the previous owners. It’s really, I think going to depend on counsel for the association. Some of the… Read More »
How Late Is Too Late To Sue For Forclosure?
Florida Statute, Section 95.11(2) imposes a five-year statute of limitations to sue for default on: “(b) A legal … action on a contract, obligation, or liability founded on a written instrument …” and “(c) An action to foreclose a mortgage.” Most people read this statute to mean that if a homeowner defaults on a… Read More »
