Tag Archives: yesner law
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 »
Student Loan Debt & Bankruptcy
Since high school, I knew that I wanted to be an attorney. I have been out of law school for 15 years, and still have another 15 before my student loans are paid off; making my student loans on par with a home loan. The one difference is that there is no collateral for… Read More »
Lender Vs Association Video
Condos, Homeowners Association and Foreclosure troubles? Listen to part one of a 3 part series as Shawn Yesner explains a case involving a private lender involved in a foreclosure and was assessed a years worth of fees because the original attorney failed to mention the association in the foreclosure. Have questions about foreclosure? Call… Read More »
Top 7 Things To Consider When Filing Bankruptcy
Prospective clients are often intimidated by the thought of filing bankruptcy, and with the volumes of myth, misinformation, and misunderstanding their fears are understandable. However, armed with the right questions and the correct information, liquidation or reorganization is a great tool to help people struggling to pay debt or affected by a major life… Read More »
Floridas Notice Of Homestead Procedure
Florida has one of the best Homestead Protections in the Country. However, there is a misconception that a creditor who obtains a judgment cannot record or perfect that judgment against the borrower’s homestead property. Florida has one of the best Homestead Protections in the Country. However, there is a misconception that a creditor who… Read More »
Good Negotiating Vs Lie By Omission
Transcript: The next point, is the seller simply a good disclosure, a good negotiator rather. That goes back to the Johnson vs Davis and some of the other ethical cannon and some of the other things we’ve discussed. I have no problem with a seller who is a good negotiator, But I think omission… 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 »
My Chapter 7 Was Four Years Ago
My Chapter 7 Was Four Years Ago. Why Am I Still Getting Calls About the Pool? During the Great Recession, many people who were unwilling or unable to sell or short sell their homes filed Chapter 7 Bankruptcy to discharge the debt owed to the lender. Most debtors surrendered the house to the bank… Read More »
Bankruptcy And Wells Fargo
Bankruptcy And Wells Fargo, A Bad Mix Each night, as we sleep, Wells Fargo combs the Federal electronic database of all new bankruptcy filings from the day before. When the bank finds that its customer has filed Chapter 7 bankruptcy, Wells Fargo will note the client as being in “bankruptcy status” and freeze the… Read More »