Recent Blog Posts
You may be able to Sue your Creditor for being too Aggressive in Collecting its Debt
As of March 2018, the United States Federal Reserve shows that there is over $3.8 trillion of consumer credit outstanding! Although failing to pay your Visa® bill (regardless of how much) will have virtually no impact on whether Visa® survives as a company, I think we can all agree that there is a TON of debt… Read More »
Help! The IRS has a Lien on my House!
When I meet with a client who has owes money to the IRS, we determine whether the IRS has filed a lien against real property or if the IRS is trying to collect a debt owed by the client, or both. Despite contrary language in the Florida Constitution, federal tax liens can be enforced against… Read More »
After Divorce And Bankruptcy, Am I Responsible To Pay Attorney Fees In Foreclosure?
I received another question from a listener of The Crushing Debt Podcast: I was divorced 8 years ago and my ex-wife got the house in the divorce. I had to declare Chapter 7 bankruptcy 4 years ago. Recently, I was served foreclosure documents because my ex-wife isn’t paying on the house anymore. Will I… Read More »
Top 5 Myths about the Freddie Mac Exclusionary List
Few people understand the Freddie Mac List, what it means to be on that List, and how to come off the List. In the time we’ve been representing clients to come off the List we’ve come across some myths and misconceptions, so we want to dispel some of those: Being on the Freddie Mac… Read More »
What Options are Available To Non-Performing Note Holders?
Very often, when working with someone in foreclosure, I’m asked “What options do I have with the bank?” My response is that the bank can do anything they want; the real question is what will the bank do to help? Unfortunately, the banks are restricted to what they can do by federal laws (RESPA,… Read More »
Can I Keep My Tax Refund in a Chapter 13 Case?
This week’s blog is a common question we get from Chapter 13, Reorganization clients. In a Chapter 13 case, the Bankruptcy Court requires that the debtor file a copy of his tax return each year that the bankruptcy is pending with both the IRS and the bankruptcy trustee, because the bankruptcy plan payments are… Read More »
How do I Remove Someone from the Title to my House?
We received another listener question this week: “When I purchased my home, I had my daughter added to the Deed so that she could inherit the house when I die. However, we have not talked in years and I want to take her name off of the house and leave it to someone else. … Read More »
How Do I Come Off the Freddie Mac Exclusionary List?
Over the years I’ve created content around the Freddie Mac Exclusionary List – videos, Crushing Debt Podcast episodes and blogs. Put simply, the Freddie Mac Exclusionary List is a list of real estate professionals that Freddie Mac believes have taken some action, failed to take some action, originated loans, or have some systemic failure… Read More »
Ten Questions Every Home Buyer Should Ask!
I have written blog articles, and have podcast episodes (www.yesnerlaw.com/podcast) about the seller’s responsibility to disclose issues with the house. Florida law requires a seller to disclose any known facts that would materially affect the value of the property, that are not readily observed by a reasonable inspection. To assist with these disclosures, Florida… Read More »
What happens after I file bankruptcy?
Filing a bankruptcy is just the start of eliminating your debt. Very often we see pro se debtors (who represent themselves), debtors who hired a bankruptcy petition preparer (who simply files the case on your behalf), and even our own clients, hurt their case by failing to follow up on their obligations subsequent to… Read More »
