Crushing Debt

After a Thanksgiving Break, we're back!

In this week's episode, we interview Attorney Nick Ekonomides again, but this time on the issue of commercial foreclosures.

Commercial Foreclosures are different than residential foreclosures. Many of the defenses available in a residential situation are unavailable to the commercial defendants. In addition, other issues like assignment of rents and receivers often come up in commercial foreclosure litigation.

If you enjoy this content, please let us know. If you have questions that would make good future podcasts, please contact me at [email protected] or www.yesnerlaw.com.

In this week's episode of the podcast, we discuss bankruptcy and why it is broken into all odd-numbered chapters, except for one even-numbered chapter. We also go into a little detail about the differences between all of the bankruptcy chapters.

We hope you enjoy this week's episode. Please let us know if you have any questions, comments or topics you want us to cover in future episodes.

[email protected]

www.YesnerLaw.com

In this week's episode of the podcast, we interview Matt Friesz with Properly Inspected Home Inspection.

When buying a house, we HIGHLY recommend obtaining a home inspection and Matt is one of the best in Tampa Bay. We discuss what a home inspection covers and what it doesn't cover. We discuss what types of inspections Matt performs; he can do inspections for home buyers, home sellers, insurance purposes, and for other reasons.

There's even a horror story or two in this week's episode.

To contact Matt, please visit his website: www.properlyinspected.com.

To contact us, please visit our website: www.yesnerlaw.com, or email me at [email protected]

In this week's episode, we interview Nickolas Ekonomides, who practices in civil litigation. Civil litigation and Nick's practice primarily focuses on disputes between businesses that owe money or are owed money.

Nick and I discuss non-compete agreements, exclusivity agreements, and other issues that cause disputes between business owners or landlord / tenant.

To reach Nick, you can visit his website at www.Eko-Law.com. If you have questions, you can reach me at [email protected], or www.yesnerlaw.com.

In this week's episode, we interview Barb Hennessey with The Joy Within, a company that uses somatic intuitive training to help people release and recover from their emotional stresses. Barb can help people who have any type of emotional pain or trauma: the loss of a loved-one, PTSD, financial trauma. This is where Barb overlaps with Yesner Law; she can help people who are upset at their current financial situation, where we can help people keep their creditors at bay, or eliminate those creditors entirely.

Barb's contact information is 727-409-7428, www.TheJoyWithin.US, or [email protected].

For Yesner Law, please contact us at [email protected] or www.yesnerlaw.com.

We come across situations often where one spouse wants to file without involving the other spouse. Maybe one spouse carries the debt. Maybe the parties are divorcing. The questions I get most often are: (1) can I file alone? (2) what happens to the debt of the other spouse? (3) how else will my spouse be affected.

Sometimes this also comes up in situations where one roommate wants to file, and I've even had this happen a few times where the parties are in a relationship (whether straight or gay) and the question is "how does this affect my significant other?"

The answer is that it really won't affect the non-filing party. We explain further in this week's episode of the podcast!

If you have questions, please contact me by email at [email protected], or on my website, www.yesnerlaw.com.

In this week's episode of the Yesner Law Podcast, we interview David Rosenthal, who is a commercial real estate agent here in Tampa Bay.

David has accounting experience and experience with helping his clients review a commercial real estate deal to see if it is a good fit for the client's needs.

Commercial and Residential real estate are really two completely different things. Most residential realtors know nothing about commercial real estate.

If you'd like to contact David, please call 813-245-7333. [email protected].

If you have questions that would make a great future episode, please contact us at [email protected] or at www.YesnerLaw.com.

Hello Yesner Law Podcast listeners. This episode is all about Wells Fargo and Bankruptcy. I wrote a blog about this topic below. For this week's episode, I simply read the blog post because I think the content is still good and accurate. I hope you enjoy. If you have questions or ideas for another episode, please contact me at [email protected] or www.YesnerLaw.com.

http://www.yesnerlaw.com/blog/2013/08/bankruptcy-and-wells-fargo.shtml

Each night, as we sleep, Wells Fargo combs the Federal electronic database of all new bankruptcy filings looking for a customer that filed Chapter 7 bankruptcy. When that happens, WF freezes the clients checking and savings accounts, thus denying the depositor access to his money.

The apparent authority for Wells Fargo to do this comes from a United State Supreme Court Case, Citizens Bank of Maryland v. Strumpf, 516 U.S. 16 (1995). In that case, the Supreme Court ruled that a deposit account is "nothing more or less than a promise to pay, from the bank to the depositor" and the bank's "temporary refusal to pay was neither a taking of possession of ... property nor an exercising of control over it, but merely a refusal to perform its promise." Accordingly, the Court ruled that the freeze was allowed and did not sanction the bank for its conduct.

Wells Fargo banking customers who live in the Tampa Bay Area and other areas comprising the Middle District of Florida will have to do some pre-bankruptcy planning. The most logical strategy is to move the money from a Wells Fargo bank account to another bank (as of the writing of this article, Wells Fargo is the only bank that imposes this account hold.) Another possible strategy is to remove sufficient case funds to cover regular expenses until such time as the Chapter 7 Trustee has an opportunity to review the schedules and send notice to Wells Fargo that the hold can be removed. Although this process normally takes a few days, it could take up to 30 days or more. Both of these strategies will have an impact on a debtor's bankruptcy petition and must be disclosed within the schedules. Thus having experienced legal counsel is a necessity when making a determination whether bankruptcy is the best option.

... or we could try to get Wells Fargo to change their policies ...

Episode 33 of the podcast features our friend Tanya Cielo of Sky Strategic Marketing, a full service marketing agency based in Tampa Florida. The Sky team specializes in helping business owners soar above their competition and claim their unfair share of business in the marketplace!

Tanya helped me with a presentation titled "Avoiding the Business Card Graveyard." In this episode, Tanya and I discuss tips and techniques for working a networking event and turning those business cards you collect into relationships, rather than letting them slip into a desk drawer forever.

To contact Tanya, email her at [email protected], or visit her website at http://skystrategicmarketing.com/

If you have questions or comments for me, visit our website at www.yesnerlaw.com or email me at [email protected].

Did you know that Freddie Mac maintains an "Exclusionary List?" Real Estate professionals, including Mortgage Originators, Realtors, Title Companies, Attorneys, Surveyors, Appraisers, and others associated with a real estate transaction may find themselves on this list if they do something that could potentially cause harm to Freddie Mac or its investors. If someone is on the List, they are

The process is fairly one-sided. When Freddie Mac perceives someone should go on the list, they send a letter giving the party 30 days to respond. If they fail to respond, or Freddie Mac rejects their response, the person or entity finds themselves on the list. They can apply to come off the list two years after being on the list and then annually thereafter.

The challenge is that Freddie Mac will not explain how to come off the list, nor why a request to come off the list was approved or rejected.

Yesner Law has helped many real estate professionals come off the list and, in this episode, we describe our experiences (both successfully and unsuccessfully) with the Freddie Mac Exclusionary List.

If you have questions, please contact us at [email protected] or www.yesnerlaw.com.