Below is a recent article written by St. Petersburg Times Staff Writer Mark Puente.

NEW PORT RICHEY — Seventy-year-old Sharon Bullington may lose her home because she paid her mortgage a week early.

That may not make much sense to the thousands of homeowners who are behind on their mortgages in Florida. But it seems it does to Bank of America, which has filed to foreclose on Bullington and her husband, James, 78, who is terminally ill.

"It's like death to me," Sharon Bullington said, her voice quivering on the phone Friday. "My husband is bedridden. It's almost more than I can bear."

The couple moved to Florida 15 years ago after James Bullington retired from General Motors in Flint, Mich., and moved into the 1,591-square-foot New Port Richey home, which is now valued at $133,464, though they owe about $177,000.

When James became ill, the couple encountered financial difficulties because of high medical bills. The couple asked Bank of America to modify the loan.

There was a catch. The couple would have to first officially default on their $1,400-a-month payment. The couple did that and entered into the modification plan, which reduced their payment to $916.

Sharon Bullington made the January payment on Dec. 23, and the bank accepted the money, according to court records.

The next month, she made the February payment over the phone. Weeks later, the money had not been withdrawn from her bank account. After Bullington asked the bank about it, a representative told her she had punched in the wrong routing number. In March, the bank kicked the couple out of the modification plan.

Bullington pleaded for help in a June letter to Bank of America president Brian Moynihan and U.S. Rep. Gus Bilirakis, R-Palm Harbor.

One of Moynihan's aides, Ana Olivera, told Bullington the foreclosure could not be stopped. She wrote in a two-page letter that the payment due on Jan. 1, 2011, had been made in December.

"In accordance with the Trial Payment Letter dated December 15, 2010, it indicates that if you are not able to make each payment in the month in which it is due, you will not be eligible for a modification under the Home Affordable Modification Program," the letter said.

Olivera told Bullington she could avoid a foreclosure by selling the home in a short sale or by signing it over to the bank. The letter said the bank values Bullington's business and strives to provide exceptional customer service.

"I understand that you may be disappointed with our final resolution and appreciate the opportunity to clarify this matter," Olivera wrote. "While this may not be the response you were hoping for, I trust I have addressed your concerns."

Olivera, a California-based employee, declined to comment about the case when reached by the Times on Friday. Bank of America replied in an e-mail: "We are going to re-review the Bullington's case."

The Bullingtons' lawyer, Shawn Yesner, said the case makes no sense because his clients did what the bank told them to do. In 10 years as a lawyer, he said, he has never seen such an outrageous letter.

"I couldn't believe they would put that in writing," he said. "I had to read the letter three or four times. … Bank of America is putting her in a depressed state. She has never been behind on anything."

As thousands of property owners across Florida and the nation battle foreclosure, defense attorneys have accused lenders of bogging down the courts with an unwillingness to negotiate with people on their mortgages, often by simply refusing to make decisions.

Earlier this month, a 41-year-old man faced foreclosure after missing a mortgage payment on a St. Petersburg gas station by just one day. He made several attempts to continue paying and made a $50,000 payment in court earlier this month to settle the case, but the bank refused the payment. The day the Times published an article detailing the saga, BB&T suspended the foreclosure action and worked to settle the case.

Sharon Bullington, who has no children or siblings, said she is the sole caregiver for her ill husband, who cannot move from the home in his condition. She said she has repeatedly contacted the bank, but nobody will talk to her.

She wants Moynihan and Bank of America to know this:

"I want them to feel how we feel," she said. "I just don't understand why they're doing this. It looks like they're out to get us."

Times researcher Shirl Kennedy and staff writer Molly Moorhead contributed to this report. Mark Puente can be reached at mpuente@sptimes.com or (727) 893-8459. Follow him on Twitter at twitter.com/markpuente.

ST. PETERSBURG, Florida – One of Florida's premier law firms, which has expanded its general practice but remains focused on real estate, bankruptcies, foreclosures and short sales, has expanded its staff again and moved its headquarters.

Yesner & Boss, P.L. (www.yesnerboss.com) recently left its standalone building for high-rise quarters at 9800 4th Street N, Suite 402, St. Petersburg, FL 33702. The new office is about a dozen blocks southwest of the old one and retains its phone number: 727.471.0039.

"We were out of space and gained about 2,000 square feet in the move," said partner Shawn Yesner. "And the building provides the warm, professional image we try to convey as a full-service firm." The new office is just south of the Gandy Boulevard corridor connecting Pinellas and Hillsborough Counties.

In addition to personal and commercial real estate law, Yesner & Boss handles family law, including divorce, child custody, alimony, and estate planning, tax law, personal injury and plaintiff's litigation. Now with four offices – in St. Petersburg, Tampa, Sarasota and Palm Beach, 10 lawyers and a full-time staff of 23 – the practice required a new management tactic, Yesner said. The firm added CEO Ron Prather, a licensed attorney and real estate veteran.

"As we continued to grow, we realized that to better serve our clients, we needed to put someone in charge of the day-to-day functions of the office so we could devote more time to the practice of law and business development," Yesner said.

Prather, 61, is a native of Texas but has lived in Florida since 2004. He owned development and real estate firms in Illinois and practiced law there. He consulted for real estate firms in Florida before joining Yesner & Boss.

"The first time I sat down and talked to this firm, it seemed like a great fit," Prather said.

Florida is second in the nation only to Nevada in real estate foreclosures with nearly 123,000 new actions this year, according to RealtyTrak, which follows real estate trends nationwide. While the heaviest Florida foreclosure concentrations are in the southeast and east-central areas, the numbers remain high in greater Tampa Bay.

The following article is from the June-August 2011 BABM.
Click here to view this issue in its entirety.

Approachable and friendly on the one hand, yet tough and aggressive on the other, the firm of Yesner & Boss, P.L. has earned a reputation as a group of young, dynamic attorneys on the rise. You can imagine yourself having a beer with them at a local hangout, but something tells you that you wouldn’t want to oppose them in a lawsuit.

Founded in 2007, the growing firm currently consists of 10 attorneys and 40 staff members, providing a full service legal practice in four offices in St. Petersburg, Tampa, Sarasota and Boynton Beach.

Leading the team are partners Shawn Yesner and Chris Boss. Yesner, who holds a law degree from the Samford University Cumberland School of Law, is introspective and creative, while Boss, who graduated from Stetson University College of Law, is quick-witted and gregarious. These seemingly opposite personalities share a vision to help people who find themselves in hard times through no fault of their own.

When Yesner opened his law firm in 2004, the economy was growing and real estate was booming. At the time Boss started his own practice in 2007, the market was already beginning to turn.

“Rather than compete for the same business, we decided to join forces,” said Boss. “We’re like-minded and communicate easily,” Yesner added. “When we disagree, we have enough respect for each other’s position that we can come to an effective compromise that is, in most cases, the best result whether it be for the client’s case or the growth of the firm.”

While providing a range of general practice services, not surprisingly Yesner & Boss is in high demand today from clients seeking financial relief through short sales, loan modifications and bankruptcies. With a background working for one of Florida's largest foreclosure firms and an undergraduate degree in accounting, Yesner was a natural ''go-to" guy for clients seeking help in navigating these difficult times. Boss, with experience in negotiation and wealth preservation strategies, provided knowledgeable support to the extensive caseload.

Although Yesner & Boss is heavily sought after for its specialized expertise in distressed properties, the firm also has a diverse practice in the area of litigation, including personal injury and product liability, with a broad range of cases from automobile accidents to sinkholes. It also offers a range of experience in corporate law and business transactions, family law, estate planning, tax law, as well as traditional real estate services such as residential and commercial purchases, dispositions and closings.

Recognizing that the foreclosure crisis is not going to last forever, the partners have created a strategic plan for the future. "We are reinvesting in diversifying our business and growing our company," said Boss. That includes hiring likeminded attorneys who expand and broaden their areas of proficiency, and opening offices in key areas throughout the state.

After sharing a cup of coffee with Shawn Yesner and Chris Boss and listening to what makes them proud to walk through the doors of Yesner & Boss each morning, it became readily apparent that these two professionals are genuinely committed to setting themselves apart by taking the extra time to understand their clients' situations, and then leading them through the best legal options available.

"We're very proud of the feedback we get after an initial meeting with a client," shared Yesner. “It is very rewarding to hear the client say, 'After leaving your office I felt better,' or, 'I understand the plan we have laid out and I finally feel better about how to get out of this."'

The majority of the firm's business comes from referrals by satisfied clients. “From the very start of the process, our clients have access to their lead attorney," said Boss. “Even at the initial meeting, you sit down with an attorney, not a paralegal." Another advantage to clients is their focus on a team approach. Lawyers from different practice areas work together to offer comprehensive legal advice. For example, a client going through a divorce may also need tax or real estate advice. Having a team in your corner who understands the overall picture, as well as each specific aspect of the case, is a clear benefit and provides the value you expect and deserve through personalized attention and a hands-on approach.

Yesner & Boss represents a broad range of clients from all walks of life, from high-profile athletes to struggling hourly employees to former Fortune 500 executives who find themselves in a financial situation they have never faced before. Cases have included helping a Florida businessman acquire and restructure an international manufacturing facility, protecting consumers in high-profile product liability suits, and designing short-sale programs for large real estate companies.

Yesner & Boss is headquartered in St. Petersburg, in a comfortable and unintimidating setting - a far cry from the icy ivory towers you might expect from these highly regarded attorneys. "We're not about the pomp and circumstance," said Yesner. "We're about results."

Yesner, Boss and members of their team are in high demand to speak before business groups, community organizations and the media to educate the public on a variety of legal matters. They have spoken before Realtor associations, chambers of commerce and mortgage brokers, and have been hired by a national firm to conduct legal education seminars for other lawyers. They invest heavily in their website, writing a large amount of content to educate the public on a variety of legal topics.

You may also hear them on the radio, where they educate commercial and residential property owners about their options in a difficult real estate market. "Florida was one of the states hardest hit by foreclosures, short sales and bankruptcies and we know there is a lot of misinformation out there about the right way to deal with these situations," said Boss.

In an effort to help counter all of the misinformation, Boss has been taking calls from listeners once a month on the "Duncan Duo Real Estate Show," which airs on Newsradio 970 WFLA-AM - one of the most listened to radio stations in the area, according to Arbitron ratings. You can also follow Yesner & Boss on Facebook, Twitter, LinkedIn or the blog on their very informative website at www.YesnerBoss.com.

Working closely with real estate firms is an additional strength as they spend considerable time handling residential and commercial closings, doing title work, and educating real estate professionals on everything from potential scams to limiting liability.

Yesner, a percussionist since childhood, still loves to play music in his free time. He and wife, Melanie, look forward to welcoming their first child this fall. Boss, always the competitor, attended Stetson University in Deland, Florida, on a NCAA Division I tennis scholarship. He enjoys spending time in St. Petersburg with his wife, Christine, and their faithful golden retriever.

It is easy to see why Yesner & Boss, P.L was a finalist for the Business of the Year awards from the St. Petersburg and Clearwater chambers of commerce in 2010, for the numerous ways they strive to make a difference in both the lives of their clients and staff. The firm hosts regular team building events everything from training on both legal matters and systems to happy hours and after-hour get-togethers. Community support is also an important part of the mix of this well-rounded firm that takes pride in giving back. Boss is heavily involved in Martinis for Moffitt supporting cancer research. Yesner is active in a high-school magnet program that pairs high school students with volunteer law firms, to begin the training of the next generation of attorneys.

So that we may better serve our client's needs, we have relocated our main office in St. Petersburg. The new address is:

9800 4th Street N.
Suite 402
St. Petersburg, FL 33702

The office is located on 4th Street just south of the Gandy Blvd intersection and accessible from the first Pinellas exit (Fourth Street N.) off the Howard Frankland Bridge, within one mile of our previous location.

For more information on this location, as well as our other offices in Sarasota and New Tampa please feel free to contact us today.

SARASOTA, FL – Attorney Jacqueline “Jackie” Meeker has joined the Sarasota office of Yesner & Boss, P.L., to expand the staff working on real estate closings, tax work, corporate law and consumer protection.

A native of Clermont, Florida, Meeker received an undergraduate degree in Legal Studies from the University of Central Florida and a law degree from Stetson University School of Law. Before passing the bar, she worked as a clerk in the St. Petersburg office of Yesner & Boss.

“Jackie has a unique stretch of experience in both litigation and transactional work because of her background with Yesner & Boss,” said Jo Ann Koontz of the Sarasota office. “She broadens the range of legal services in the Sarasota office and bridges the gap between Sarasota and St. Petersburg. We are thrilled to welcome her to the team.”

Yesner & Boss provides a range of general practice services in four Florida offices in Sarasota, St. Petersburg, Tampa and Boynton Beach. The firm has a diverse practice in the area of litigation, including personal injury and product liability, with a broad range of cases from automobile accidents to sink holes. The firm also offers residential and commercial real estate closings, foreclosure defense, short sales, bankruptcies, business law, family law, and wills, trusts and probate.

The Sarasota office is located at 1819 Main Street, Suite 215, Sarasota, FL 34236. Meeker can be reached at (941) 362-0050 or jackie@yesnerboss.com.

St. Petersburg, FL – Yesner & Boss, a Tampa Bay law firm with a focus on personal and commercial bankruptcies, foreclosures and short sales, has added three lawyers to bolster its real estate and its family law practices.

Shawn Yesner and Christopher Boss, partners in Yesner & Boss, P.L. (http://www.YesnerBoss.com), announced the addition of Matthew Kindel, a former Polk County prosecutor, who will work on family law cases out of the firm’s New Tampa office. The firm also hired Matt Kramer to work on real estate cases out of the St. Petersburg headquarters. And Jackie Meeker will join the Sarasota office to expand the staff working on real estate closings, consumer protection and tax work.

While a district attorney in the 10th Judicial Circuit, Kindel prosecuted or negotiated more than 1,000 criminal cases that included such charges as attempted murder and armed kidnapping, as well as white-collar crimes. Kindel received a degree in political science from Florida Southern College and a law degree from Florida Coastal School of Law.

Kramer has a degree in business real estate from Florida State University and a law degree from Stetson University College of Law. Meeker received a degree in Legal Studies from the University of Central Florida and a law degree from Stetson.

Florida continues to be one of the states hardest-hit by the three-year real estate crisis. With nearly 20,000 foreclosed housing units, one in every 450 homes has foreclosure actions pending, according to RealtyTrak, which surveys foreclosures nationally. This total does not include foreclosures that have resold or distressed properties headed for foreclosure. Within Florida, the Tampa Bay area remains among foreclosure leaders.

“The real estate crisis shows little sign of abating, and no one can predict how long it will last,” said Yesner. “The emotional and financial strains caused by unemployment and the housing uncertainties put huge strains on marriages and families, and we need to deal with these problems as a whole, which is one of the reasons we continue diversifying.”

The firm’s family practice includes child support and custody, alimony, distribution of assets and liabilities and uncontested divorce.

Below is a recent Q& A article with Yesner & Boss Attorney Jo Ann Koontz published in the Sarasota Herald-Tribue on how to "Come Out Clean From a Short Sale"

As a real estate attorney and certified public accountant, Jo Ann Koontz is an expert on short sales and foreclosures. She came to Sarasota from Ohio just as the housing market started to tumble, and worked at Icard Merrill for five years. Since February 2010, she has headed the Sarasota branch of Yesner & Boss PL, a St. Petersburg-based law firm. Correspondent Chris Angermann talked to her at her office in City Center (the Wachovia building) on Main Street.

Q: From your perspective, how is the real estate market doing?

A: I think we still have some tunnel left before we see the light again. The numbers of foreclosure filings are still striking double digits every month. More and more folks are going into foreclosure both voluntarily and involuntarily — people who can't pay their bills and people who decide, strategically, it doesn't make sense for them to continue to pay the mortgage.

For many, it is an opportunity to start over fresh, minimize their expense, and get back on their feet without going into bankruptcy. Often it is the real estate that's killing them, and foreclosure or a short sale is a way to stop the bleeding.

Q: What are the tax implications for short sales and foreclosures?

A: Some people think they can avoid the tax impact of the short sale by going into foreclosure, but they're virtually the same. The taxes come from forgiveness or cancellation of debt.

When sellers borrow money from the bank, they have an obligation to repay the loan. The moment the obligation goes away, the bank is required to report any forgiveness of debt over $600 (on form 1099C), and the owner is taxed on that amount at the ordinary income-tax rate. So if you're being forgiven, say, $150,000, it can bump you into the highest tax bracket, which is 35 percent; and you end up owing the IRS more than $50,000.

TAMPA, Florida – One of Tampa Bay's top real estate law firms has joined one of Tampa Bay's top radio stations to advise commercial and residential property owners about their options in a difficult mortgage market.

"Florida remains one of the states hardest hit by foreclosures, short sales and bankruptcies, and there is a lot of misinformation out there about the right way to deal with these situations. We hope to counter the misinformation with facts," said Christopher Boss, a partner in the firm Yesner & Boss, P.L. (www.YesnerBoss.com).

Boss will take calls from listeners once a month on the "Duncan Duo Real Estate Show," which airs on Newsradio 970 WFLA-AM. The hosts, husband-wife team Andrew and Angela Duncan, are top-selling realtors with Keller Williams Realty in Tampa. WFLA is one of the most-listened-to radio stations in the area, according to Arbitron Ratings. The station reaches a potential 3.5-million listeners in the Tampa Bay-Lakeland-Sarasota region.

"Homeowners in Tampa Bay are constantly looking for local information, and the focus of our new show is to help as many people as we can get the information they need about their … real estate market," Andrew Duncan said. "Our group of experts and regular co-hosts are going to include some of the best and brightest in the real estate industry."

Yesner & Boss has offices in St. Petersburg, Tampa, Sarasota and Boynton Beach. In addition to commercial and residential bankruptcy, foreclosurse and short sales, the firm deals with mortgage modifications, family law, personal injury and estate law.

A record 2.9-million Florida properties received foreclosure filings in 2010, according to RealtyTrac, a national clearinghouse for real estate statistics. Of those, nearly 325,000 foreclosures are currently on the books. Two of the hardest-hit areas are Tampa Bay and the southeast coast from Miami to Jupiter.

"It's important that people go into these proceedings with accurate information and advice," Boss said. "That's where the Duncans and our firm will try to help."

The "Duncan Duo Real Estate Show" airs Sunday, Feb. 27 from 10 a.m. to 11 a.m.

Boynton Beach, Florida – As some real estate lawyers stop handling short sales, a procedure for property owners who can no longer afford their mortgages, one of Tampa Bay's leading law firms has opened an office in South Florida to handle such cases.

Yesner & Boss, P.L. (www.YesnerBoss.com) has a long history of consumer protection in the fields of bankruptcy, foreclosure, mortgage modification and short sales, both commercial and residential. The firm also handles family law, personal injury and estate cases.

"The economy is showing signs of improvement, but it is going to take a long time for the real estate market to get well, especially in Florida," said Shawn Yesner, a partner in Yesner & Boss. "There are plenty of business and home owners who have struggled for years to keep up with mortgages, only to find their property values continuing to decline. We want to help find solutions that are fair to all parties."

The Yesner & Boss home office in St. Petersburg, with branches in Tampa, Sarasota and Boynton Beach. A mortgage and financing specialist and a real estate specialist staff the new office. Lawyers teleconference with South Florida clients and travel to Boynton Beach on a regular basis.

"It made sense for Yesner & Boss to have a presence here," said Erika Rodriguez, the mortgage and financing specialist in Boynton Beach. "Both of the firm's partners have roots in South Florida, and we have a lot of affiliates here."

A record 2.9-million properties received foreclosure filings in 2010. Miami was the fifth highest city in the nation for foreclosures, and currently has more than 34,000 properties going through the foreclosure process, according to RealtyTrac, a national clearinghouse for real estate statistics. Florida as a whole has nearly 325,000 foreclosures on the books. Two hard-hit areas are Tampa Bay and the southeast coast from Miami to Jupiter.

The new South Florida office is at 2755 South Federal Highway, Suite 11, Boynton Beach. Phone 800.819.1973.

After several law firms indicated to Realtors that they would no longer negotiate short sales – a trend among real estate attorneys – Yesner & Boss, PL announced that it would continue to negotiate these complicated transactions.

"Now more than ever, sellers need sound advice to help prevent future tax liens and judgments against them," said Attorney and Certified Public Accountant Jo Ann Koontz of the Yesner & Boss Sarasota office.

"Realtors should not be negotiating on their own, for liability reasons. I feel it is my obligation and responsibility to continue to participate in short sale negotiations despite the fact that they are time-consuming and not particularly profitable."

The law firm's announcement is part of an ongoing commitment to the Realtor community and to the recovery of the real estate market, Koontz added. "We will not abandon them when they need it most."

The negotiation of short sales by anyone other than an attorney may be an unlicensed practice of law and could be sanctionable.

Yesner & Boss, one of Tampa Bay's best-known law firms in the areas of tax defense, real estate, personal injury and family law, maintains offices in Tampa, St. Petersburg, Sarasota and Boynton Beach. Yesner & Boss also offers the full range of legal practice, including property insurance disputes, civil litigation, bankruptcies, business law, and wills, trusts and probate.

The Sarasota office is located at 1819 Main St., Suite 215, Sarasota, FL 34236. Telephone: (941) 362-0050. Website: www.yesnerboss.com.

Yesner & Boss, P.L. is proud to be the key sponsor of the 9th annual "Bikes for Kids" event, which will be held at the Amir Academy on Friday, December 17th from 5pm-8pm. Each year the Amir Academy gives 200 bicycles to underprivileged area children. The children are selected by two non-profit organizations, Women on the Way and Male Outreach, which are working to improve the lives of families in need in the St. Petersburg area.

The Amir Academy obtains the bikes pre-assembled from Walmart at the end of November for only $40 per bike. In addition to the bicycles, Mr. Amir also gives one single mother an automobile as a surprise gift during the event.

We know how difficult today's economic conditions have become and we can just imagine how nice it will be for children of these families in need to receive a brand new bike for the holidays this year.

If you would like to make a kid smile this holiday season and donate a bike, please click this link for the event flyer or feel free to call 727-821-4097.

St. Petersburg, Florida – Yesner & Boss, one of Tampa Bay's best-known law firms in the areas of tax defense, real estate, personal injury and family law, is celebrating the opening of its Sarasota office, inviting area residents to meet members of the firm at an open house Thursday, Nov. 18.

The Sarasota office is led by long-time Sarasota attorney Jo Ann M. Koontz, who is also a certified public accountant. Koontz joined Yesner & Boss, P.L. (www.YesnerBoss.com) in February, 2010 to help buyers and sellers of commercial and residential real estate deal with the tax consequences of their transactions.

Yesner & Boss has extensive overall experience in tax law and IRS negotiations, personal injury, family law, foreclosure defense, bankruptcies, short sales and debt negotiation, as well as business law and wills, trusts and probate.

With the official opening of its Sarasota office, Yesner & Boss now has offices in St. Petersburg, Tampa and Sarasota.

"The tax and real estate crisis has hit all of Florida very hard, much harder than in most of the rest of the nation," said Shawn Yesner, the founding partner in the firm. "The more people we can help, the more of a positive impact we can have in the region we all call home. We're eager to get to know our new neighbors in Sarasota."

Koontz said she was attracted to Yesner & Boss by the firm's hands-on, personalized approach.

"It is important to me to be able to remain accessible and responsive to clients," she said. "The firm's team approach also allows me to keep abreast of all facets of a client's case."

The open house and ribbon cutting is scheduled from 5 p.m. to 7 p.m. on Thursday, Nov. 18, at the Yesner & Boss Sarasota office, 1819 Main Street, Suite 215. The ribbon cutting will be at 5:30. The office can be reached at 941.362.0050.

St. Petersburg, Florida – It is that time of year when property owners in Florida find tax notices tucked into their mailboxes. What many don't know is, both the market and assessed values of their property are subject to appeal, although there is a window of 25 days from the date the tax notice is received.

Yesner & Boss, P.L. (www.YesnerBoss.com), a Tampa Bay law firm with extensive experience in bankruptcy, foreclosures and short sales, suggests Florida residents learn what their TRIM (Truth in Millage) notices mean and act if they feel their property has been overvalued by their county's tax assessor.

"With the precipitous declines in property values in Florida mistakes in re-evaluating individual properties can occur," said Shawn Yesner, a partner in Yesner & Boss. "It isn't malicious, and there are mechanisms for appeal if people act quickly."

The "market value" and the "assessed value" of a property often are not the same. The market value is the assessor's estimate of the cash value of the property. The assessed value, the number that determines taxes, is often lower because of exemptions and a Florida law that caps tax increases at three percent a year, or the Consumer Price Index, whichever is lower.

"If you know that nearby foreclosures and short sales of comparable properties have been significantly lower than the market value assigned to your property, you should consider an appeal," Yesner said. "Or, if owners of nearby comparable properties are being assessed lower taxes than you are, a red flag should go up."

The first step is to appeal to the assessor's office in the county where the property is located. If a decision from that office doesn't address your concerns, a further appeal is possible to the Value Adjustment Board.

There were nearly 157,000 foreclosure actions initiated in Florida in the third quarter of 2009, nearly 30,000 of them in Pinellas, Pasco and Hillsborough Counties, according to RealtyTrac, a national foreclosure tracking company.

"The shift in property values has been tremendous, making it more imperative than ever for property owners to take a closer look at their TRIM notices," Yesner said.

AAA-CPA Elects Jo Ann Koontz To Board Of Directors.

Attorney and Certified Public Accountant Jo Ann Koontz recently spoke at the national conference of the American Association of Attorney Certified Public Accountants (AAA-CPA) held in Albuquerque, N.M. Koontz, head of the Sarasota office of the Yesner & Boss law firm, spoke about the tax implications and traps resulting from short sales.

At the annual meeting held during the conference, Koontz also was elected to the AAA-CPA Board of Directors.

Founded in 1964, the AAA-CPA is the only association in the nation whose members are comprised of professionals dually qualified as both attorneys and certified public accountants.

With three offices in the Tampa Bay area, Yesner & Boss, focuses on residential and commercial real estate closings, real estate litigation, foreclosure defense and short sales. The firm also offers a full range of legal practice, including civil litigation, bankruptcies, business law, family law, personal injury, and wills, trusts and probate.

Yesner & Boss is located at 1819 Main Street, Suite 215, Sarasota, FL 34236. Koontz can be reached at (941) 362.0050 or joann@yesnerboss.com.

St. Petersburg, Florida – Yesner & Boss, P.L., a Tampa Bay law firm working with commercial and residential clients facing bankruptcy or real estate foreclosures and short sales, has been named a finalist for the "Outstanding Business of the Year" Award, to be presented by the St. Petersburg Area Chamber of Commerce June 30.

Yesner & Boss (www.YesnerBoss.com) is one of three finalists in the category of companies with 27-100 employees. The firm, with its main office at 10812 Gandy Boulevard N in St. Petersburg, expanded earlier this year, adding associates and staff in Sarasota and Tampa. The expansion enlarged the firm's capacity for dealing with family law matters and litigation of insurance claims.

Yesner & Boss now has seven lawyers following the additions earlier this year of Brian Arrighi, who joined the firm to develop its family-law practice, JoAnn Koontz, who expanded the firm's real estate and tax practice into Sarasota, and Sean Cox, who focuses on property insurance disputes, personal injury and debt-collection litigation.

"You always hear award nominees say it's an honor just to be included in the running, but this really is an honor," said Shawn Yesner, partner in Yesner & Boss. "There are a lot of truly notable companies among the nominees, and I consider it a privilege to stand with them."

All companies in Pinellas County are eligible for nomination, regardless of whether they belong to the 2,600-member St. Petersburg Chamber. Any member of the Chamber, regardless of location, also is eligible. Nominations come from the community.

In addition to awards for companies with 27 to 100 employees, the category in which Yesner & Boss qualified, awards also will be given to a company of 4 to 26 employees, a company of more than 100 employees, a technology company, a not-for-profit company, and a company owned and operated by women or minorities.

The federal government's bail out investment in Citigroup is on track to not only return the amount invested by the taxpayers but also turn a substantial profit. The institution that was once referred to as the "Death Star" is quickly changing to a profit center.

The United States Treasury recently sold 1.5 billion of its 7.7 billion shares in Citigroup, acquired through the Troubled Asset Relief Program, which reduced the size of the taxpayer-owned share to about 22% from 27%. At the time the Treasury acquired the shares they were priced at $3.25. Upon the recent sale of the 1.5 billion shares, the share value had reached $4.13 per share returning a profit of 88 cents per share, or $1.32 billion.

Morgan Stanley was hired to manage the government's divestment of taxpayers' stake in Citigroup. Morgan Stanley was given "discretionary authority" to sell the shares "under certain parameters." The Treasury has stated that they are not involved in "soliciting or approving orders."

There are plans to sell an additional 1.5 billion shares of the taxpayer-owned Citigroup stock out of the 6.2 billion that remain. This sale is projected to happen by the end of June. In addition, the Qatar Investment Authority has shown interest in purchasing the remaining shares. As of April, the government's $45 billion investment in Citigroup was expected to make a profit of nearly $11 billion, plus an estimated $8 billion in interest and other fees. However, some fear that if the government is too hasty in winding down its stake in Citigroup that it will lose out on larger gains if Citigroup's shares continue to rise. Banks such as Goldman Sachs and JPMorgan Chase paid back their bailouts early and although the government recovered the entire amounts borrowed, along with several billion dollars in interest, the government would have recovered even more in interest and profits had it waited a little longer.

Below is a recent article written by Kate Berry of the American Bankers Writers.

Mortgage executives are balking at what amounts to a souped-up Sarbanes-Oxley Act for servicers.

The Treasury Department wants companies receiving federal incentive payments for modifying troubled loans to sign an agreement certifying they are in compliance with the Making Home Affordable initiative's more than 800 requirements.

Among other things, the document says the servicer acknowledges that providing false or misleading information to Fannie Mae or Freddie Mac (which are helping the Treasury run the program) may constitute a federal crime.

With a June 1 deadline, the executives are in a bind. If they don't sign the certification, their companies could get kicked out of the program or lose the incentive payments earned for loan mods that have been completed. But if they do sign the document, they put themselves on the hook.

Servicers are "taking this very seriously" because of "the risk of civil and criminal violations for the person signing the certification," said Terry Couto, a partner at Newbold Advisors LLC.

Some servicers are urging the Treasury to extend the deadline to June 30 or soften the language.

The Treasury did not respond to questions for this story.

Making Home Affordable is the umbrella program for the administration's various initiatives to help troubled borrowers avoid foreclosure, of which the Home Affordable Modification Program is the largest and best known. Participation in the programs is voluntary.

Although Hamp started more than a year ago, this is the first time companies are being asked to sign the certifications as part of an annual renewal process.
On a conference call last week, servicers discussed problems with the specific language of the agreement, including the potential for criminal penalties and reputational risk.

According to nearly a dozen executives, lawyers and consultants who took part in the call, the agreement is much broader than Sarbanes-Oxley, which requires executives to take personal responsibility for the accuracy and completeness of a company's financial reports.

Some servicers are urging the Treasury to add clauses found in the Sarbanes-Oxley law such as "to the best of my knowledge" or "in all material respects," that would give an executive some legal leeway for any unintentional misstatements.

Several servicers said they had no problem signing the agreement; others knew very little about it.

Most were concerned that any investigation into servicing practices could uncover operational mishaps that servicers have been struggling with because of the deluge of inquiries and paperwork from defaulted borrowers.

Bank of America Corp., the largest home loan servicer, is waiting for further instructions from Treasury, said Rick Simon, a B of A spokesman.

"Certainly it is safe to say we have a team working on this," he said.

The biggest concern is that an executive could face criminal penalties after vouching that a servicer is in compliance with all applicable federal, state and local laws, and that the company took all actions necessary to implement the loan modification program, including providing training to employees and contractors.

Executives also must certify they provided updated and correct information about borrowers' records to ensure that systems maintained by Fannie, the Treasury's compliance agent for the Home Affordable Modification Program, are accurate.

Some servicers have developed "Sarbanes-Oxley-type teams to identify and remediate gaps between the Treasury requirements and their internal processes," Couto said. "This unfortunately requires a significant and expensive effort."

Lawyers said that while executives signing the agreement are certifying they will not provide false or misleading information to Fannie or Freddie, it is impossible for them also to know if fraud or any other criminal behavior is taking place at their servicing shop that they are unaware of.