Shawn Michael Yesner’s Answers

Shawn Michael Yesner

Tampa Bankruptcy Attorney.

Contributor Level 12
  1. Calling all Florida Real Estate Lawyers, are land trusts really this incredible? Several AVVO attorneys write articles about

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Shawn Michael Yesner
    3. Joseph Franklin Pippen Jr.
    4. Douglass S Lodmell
    5. Howard E. Enrique
    5 lawyer answers

    Like Mr. Deason said, nothing is bullet proof. The draw of the land trust is that the beneficiaries are exempt in public records. However a good creditor attorney will be able to determine the identity of the beneficiaries through court discovery. Another draw of the land trust is that it is often too cumbersome for the creditor's attorney to determine the beneficiary information from a practical perspective. There are also some legal protections in place to protect beneficiaries from liability...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is bankruptcy immenent (Florida)

    Answered about 1 year ago.

    1. Shawn Michael Yesner
    2. Erin Suzanne Baggett
    3. Sandra A Kuhn Esq.
    4. L. Vincent Ramunno Jr.
    4 lawyer answers

    Bankruptcy might eliminate any fines, fees or penalties that you owe up to the date of filing. The bankruptcy, however, cannot fix the condition of the house, nor can it relieve you of the obligation to make the major repairs. Therefore, fees, fines and penalties that are imposed after the Chap 7 is filed would still be personal obligations owed by you. Until you get rid of the house, you are responsible for its condition. A major misconception of bankruptcy in Florida is that "surrendering"...

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  3. Filing Ch 7, during the previous 6 months I received a bonus. Is that also doubled to compute the annual income?

    Answered over 1 year ago.

    1. Lewis Matthew Roberts
    2. Shawn Michael Yesner
    3. Dorothy G Bunce
    4. William Joseph Kopp Jr.
    5. Scott Benjamin Riddle
    6. ···
    6 lawyer answers

    Congratulations on receiving a bonus! Some people preparing to file bankruptcy lose sight of the fact that bonuses are good and, instead, focus on the bonus's potential negative impact on the means test. The means test calculates your annual income based on income received over the previous six months. Therefore, your unexpected bonus will not double your projected income, but will artificially increase your monthly income over what you normally receive (likely by about 1/6 of the amount of...

    9 lawyers agreed with this answer

  4. I am new to the area and need estate planning. One initial concern that I have is adding my daughter to my home.

    Answered almost 2 years ago.

    1. Shawn Michael Yesner
    2. Gregory Herman-Giddens
    3. Carol Anne Johnson
    4. John P Corrigan
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    I changed the practice area from "Bankruptcy" to "Estate Planning" and there are numerous estate planning attorneys in Tampa Bay and Pasco County that you could contact to go over a specific plan. There are some good attorneys on this site, who might see your post, and others I can recommend if you need a referral. Some things you can discuss with the attorney: (1) Life Estate Deed, or Enhanced Life Estate Deed, where you own title until you pass and then your daughter owns the house; (2) a...

    9 lawyers agreed with this answer

  5. Does the IRS has superior lien on a property after the bank forecloses in an auction?

    Answered over 2 years ago.

    1. Shawn Michael Yesner
    2. Charles William Franklin
    3. Jared Michael Graw
    4. John P Fazzio III
    4 lawyer answers

    The IRS has a 180-day right of redemption. This means that the IRS has 180 days to pay the bank (in this case pay you back if you're the successful bidder) and take title to the property. This scenario is highly unlikely unless the house has substantial equity. You are correct to do your due diligence before buying. Most of the problems I see are people who have not done their due diligence.

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  6. How do I obtain a copy of the tenant's lease agreement? I purchased property at foreclosure auction currently occupied.

    Answered about 1 year ago.

    1. Shawn Michael Yesner
    2. Brett D Weiss
    2 lawyer answers

    The first most obvious suggestion is to ask the tenants to provide a copy of the lease agreement. If they refuse, then you can hire an attorney, who can send the tenants a letter requesting a copy of the lease pursuant to the Protecting Tenants at Foreclosure Act. If they continue to refuse or ignore you, then wait the 90 days and file an eviction action. The paper trail created by: (1) your first request; (2) your written request; and (3) your attorney's request should help your argument in...

    8 lawyers agreed with this answer

  7. When buying real estate, what closing costs are normally paid by the seller?

    Answered over 1 year ago.

    1. Shawn Michael Yesner
    2. Jacqueline Alicia Salcines
    3. Marshall C Deason Jr.
    3 lawyer answers

    The closing costs are negotiable as part of the real estate contract. You should consult with a knowledgeable real estate attorney in your area who can tell you want the normal transaction is in your part of Florida. Regardless of the "typical" transaction, however, payment of closing costs is negotiable between the parties, as long as you negotiate it before signing the contract, and make sure your agreement is properly documented within the signed contract.

    8 lawyers agreed with this answer

  8. What is the standard rent for a home in short sale before foreclosesure?

    Answered almost 2 years ago.

    1. Shawn Michael Yesner
    2. Jeffrey B. Lampert
    3. Sergio Cabanas
    4. Celia R Reed
    4 lawyer answers

    You should pay the rent that is listed in your lease agreement or, if no lease agreement at whatever rate is agreed between you and the landlord. The contract between you and the landlord (the lease) is a separate agreement from the landlord's contracts with the bank (the note and mortgage). The landlord can evict you if you don't pay rent. It sounds like the lease is not written. If that is true you should talk to an attorney about getting the lease in writing. Having a written lease will...

    8 lawyers agreed with this answer

  9. I received summons on foreclosure and have to answer in 20days. Can I answer the court myself or do I need a lawyer to answer?

    Answered over 2 years ago.

    1. Shawn Michael Yesner
    2. Jacqueline Alicia Salcines
    3. Margery Ellen Golant
    4. Amanda Leigh Edwards
    5. Diane L Drain
    6. ···
    8 lawyer answers

    Although anyone "can" represent themselves, you should at least have a consultation with an attorney. Most will offer a free consultation. If you respond yourself, you risk waiving defenses you may have to the lawsuit.

    8 lawyers agreed with this answer

  10. I've already hired an attorney to represent my home foreclosure case. Can I hire a different attorney to do a loan modification?

    Answered over 2 years ago.

    1. Shawn Michael Yesner
    2. Michael S ('Mike') Hagen
    3. Charles B. Upton II
    4. Diane L Drain
    5. Jeffrey Alan Klein
    6. ···
    8 lawyer answers

    You are the client so you control who represents you and in what capacity. You could have another attorney negotiate the loan mod but make sure those services are not already included in the representation of the previous firm - otherwise you will double pay for the same services. Also there should be no conflict as long as you have the proper documents signed to show which firm is authorized to do the different services.

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