Crushing Debt

In this week's episode of the Crushing Debt Podcast, we interview Andrew Gordon with Reliable Claims Adjusting. Andrew is a Public Adjuster - meaning he works for the insured (the homeowner) versus the insurance company.

Andrew is the insured's advocate against the insurance company to maximize recovery when there is a loss that is covered by insurance.

In this week's episode, we discuss some things people can do to protect themselves either before or after a loss has occurred. Andrew also discovers a few of his success stories.

If you've suffered a loss to your home, or what to know what to do in the event you suffer a loss at your house, contract Andrew at 813-786-5771 or http://www.reliableclaimsadjusting.com/

To contact Yesner Law, please email [email protected] or www.YesnerLaw.com.

I polled a group of about 100 FL Realtors on which residential real estate contract is better for Buyers or Sellers, the "As-Is" Contract or the Repair Limit contract. The answers are in this week's Crushing Debt Podcast!

I regularly speak at BABA (Become A Better Agent) for Insured Title Company. The last time I spoke, we debated the pros and cons of the two versions of the Florida Real Estate Contract in use by most FL Realtors.

The "As-Is" contract gives the buyer the right to cancel the contract after doing inspections, if the Buyer finds that the property is not acceptable.

The "Repair Limit" contract allows the seller to fix the property up to a certain repair limit. If the repairs exceed that limit, either party can cancel the contract, or the Buyer can agree to make repairs in excess of the dollar repair limit.

Which do you think is better for Sellers? Which do you think is better for Buyers?

Email me at [email protected] or www.yesnerlaw.com

Episode 59 of the Crushing Debt Podcast is a great interview with Jason Crawford. Jason's company is called Fierce, Inc., and they help clients with visual marketing.

Fierce, Inc. takes your message, your vision and mission, and describes those things visually, to create more engagement with your customers, clients, referral sources, and the general public.

We talk about social media, Facebook Live, content creation, and other engagement topics.

To contact Jason, visit his website at www.wearefierce.net or [email protected], or his phone number is 813-789-5773.

To contact us, please email [email protected] or www.YesnerLaw.com.

In Episode 58 of The Crushing Debt podcast, we discuss a case called In Re: Failla. This case impacts both bankruptcy and foreclosure cases in Florida, and was a win for lenders, against homeowners and borrowers.

Mr. and Mrs. Failla bought a house in Boca Raton, Florida. Eventually circumstances caused them to fall behind on their mortgage and the bank filed a foreclosure. The Faillas then decided to eliminate their debts in bankruptcy, including stating their intent to "surrender" their house to the mortgage company.

However, when the bank proceeded to foreclose, based on the Failla's intent to surrender the house, the Faillas fought the foreclosure case. The bank objected to the Failla's actions. The case found its way to the 11th Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy and Federal Court cases in Florida, Georgia and Alabama). The decision is from October 2016 and now, unfortunately, means that when someone in bankruptcy indicates an intent to "surrender" the house, they're no longer allowed to later defend the foreclosure case.

Do you agree with the Court's decision?

Please let us know at [email protected] or www.yesnerlaw.com.

Regular listeners to the Crushing Debt Podcast know that we are HUGE fans of AFLAC.

In this week's episode, we interview Brian Morris, We talk about a very personal story about why Brian became an AFLAC Agent.

AFLAC helps people with short term disability for accidents, cancer, and other situations. AFLAC pays money to bridge the gap between the promise of health insurance, and the protection of health insurance.

Not only is Brian responsible for helping business owners and individuals obtain AFLAC, he is also responsible for growing his AFLAC team here in the Tampa area.

If you are interested in AFLAC, either to purchase a policy or become part of Brian's team, please contact him at 727-492-9960 or [email protected] (Brian's first name is actually David).

To contact us, please reach out at [email protected] or www.yesnerlaw.com.

In Florida, there is a committee made up of 10 Realtors and 10 attorneys that get together every few years to review the standard form contract in use by most residential real estate agents in Florida. The contract is called the FAR/BAR (Florida Association of Realtors / Florida Bar). The intent of the contract is to provide a fill-in-the-blank form for Realtors to use to avoid an allegation of the unlicensed practice of law.

In this week's episode, we discuss some of the major changes that just went into effect on April 4, 2017, including:

• What are the duties of Buyer and Seller with respect to expired or unpermitted work;
• The location of the closing;
• Changes to the financing contingency, including a definition of the phrase "diligent effort;" and
• Approval to obtain notice if the Buyer does, or does not, obtain financing.

This is not an exhaustive list of all the changes. If you have questions about interpretation of the revised FAR/BAR, or any real estate contract, commercial or residential, please reach out to us at [email protected] or www.yesnerlaw.com.

In Episode 55 of the Podcast, we interview Marielis Rivera, a personal injury attorney with the firm of Pipas Law Group.

Like me, Marielis started on the "other side" representing insurance companies being sued by injured parties. Now, however, Marielis represents only injured parties.

Many times, injured parties are unable to work because of their injuries and, when income drops, there is a ton of stress in addition to their injuries. Marielis does a great job of informing her clients of their options and helps her clients to manage their debts until the lawsuit is over.

You can contact Marielis on her cell phone at 813-509-6606, or on Facebook.

You can contact us at [email protected] or www.yesnerlaw.com. We would appreciate if you would leave a positive review of the Crushing Debt Podcast if you enjoy the content, and ask a friend to subscribe and listen to our weekly episodes!

In this episode of the podcast, we talk about a former client and an aggressive strategy we used to eliminate a potential mortgage deficiency.

The client was divorced and her ex-husband kept the property. The problem for our client was that she was still on the Promissory Note and Mortgage. The divorce did not (and can not) eliminate her liability to the lender under the promissory note and mortgage.

Years later, the husband passed away and the bank, in this case a credit union, pursued the ex-wife for foreclosure. Credit Unions never (in our experience) waive deficiency, so our client was still financially responsible to pay any deficiency to the Credit Union.

The client did not qualify for Chapter 7, so we filed a Chapter 13 reorganization (or payment plan) bankruptcy, with the hope that the Credit Union failed to file a claim in the bankruptcy case (meaning the Credit Union would not get paid).

It is an aggressive strategy because if the Credit Union had filed a claim in the bankruptcy case, they would have been entitled to payment and the payments to the bankruptcy court would have been unaffordable.

We hope you enjoy this week's episode. If you have questions about how we were able to help her and why it is an aggressive strategy, please listen to the episode, or send us an email - [email protected] or www.YesnerLaw.com.

Welcome to Year 2 of the podcast. As you have seen from previous episodes, we have re-branded the podcast and it is now The Crushing Debt Podcast, where our goal is to help you eliminate the financial bullies in your life.

This week's episode is a review of the different laws that expired at the end of 2016, and some new case law that impacts foreclosure defense in 2017 and going forward, unless or until the Supreme Court makes a conflicting decision.

What did we lose? HAMP which helped with modifications, HARP which helped with refinances, HAFA which helped with short sales, and the Mortgage Debt Relief Act, which made mortgage and foreclosure deficiencies non-taxable.

In addition, we discuss the Bartram case, which has a huge impact on foreclosure law here in Florida.

We hope you enjoy the content, and we ask that you share this post and episode if you think the content has value!

You can reach me at [email protected] or www.YesnerLaw.com

Welcome to the last episode of the first year of the podcast!

In this week's episode, we have a repeat guest, Jason Avery of Avery Construction and Constructing Debt. However, in this episode of the podcast, we talk to Jason about Room Full of Referrals provided by Jason through the company, Asentiv.

In Room Full of Referrals, we learn that people are faster paced or slower paced, people oriented or task oriented. The seminar is highly useful in determining your own style, learning the behavioral style of other people, and how to use that information to better connect, and generate better referrals.

Jason was my jury consultant a while back and used his behavioral style analysis to help me pick the right jury and win my case! I also utilize tactic learned in Room Full of Referrals to better connect with potential clients and customers. In Room Full of Referrals we learn the Platinum Rule. Everyone knows the Golden Rule - treat others the way you want to be treated. The Platinum Rule is to treat others how they want to be treated.

To reach me, please email [email protected] or www.YesnerLaw.com. As this is Episode 52, we want to continue to provide value to you, our listeners. Please let us know what you like about the podcast, what we can improve about the podcast, and what you want us to keep the same about the podcast.