Tag Archives: asset protection
The Benefits of Settlement
Settlement: To conclude by agreement between the parties (as defined by the dictionary). Almost daily, I counsel my clients on settlement – should we attempt settlement, offer settlement, counter the opposing side’s offers, or reject the settlement outright. Unfortunately, most see settlement as a weakness, but settlement of a dispute can bring benefits. Most… Read More »
Can I Sell My House When It Has A Lien Against It?
A great question from a listener in the Florida Panhandle: I have a judgment filed against me 12 years ago. Can I sell my house without paying the judgment? The simple answer is yes, as long as (1) the property being sold is homestead property, and (2) the owner files a Notice of Homestead… Read More »
Can Florida’s Homestead Exemption Be Used To Defraud Creditors?
When it comes to Asset Protection, Florida has one of the best homestead exemptions in the Country. However, that exemption often comes under fire, especially in situations where creditors feel the exemption is an unfair impediment to them collecting against a borrower. In the case Havoco of America, Ltd. V. Hill, 790 So.2d 1018… Read More »
Wage Garnishment & Asset Protection
Thank you to our Yesner Law Podcast listener Larry, who asked us the following question about wage garnishment and asset protection: “I filed bankruptcy about four years ago. I was renting a home outside the State of Florida at the time and there was an accident at my home in Florida and it burned… 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 »
Debt Settlement And Asset Protection
We have helped many clients settle their debts when bankruptcy is a bad option or when bankruptcy is simply an opt4ion the borrower discounts for any reason. Unfortunately, we have also been unsuccessful in settling debt for clients. The number one reason our debt settlement negotiations have been unsuccessful is a lack of cooperation… Read More »
Judgment – Proof
“Judgment – Proof” is a slang term used in the consumer and debt collection industry, but what does it really mean? The purpose of this article is to explain the meaning behind the term and how a borrower might use it to scare away creditors. The most common analogy is “you can’t get blood… Read More »
