Yesner and Boss, P.L. News and Press Releases

Expansion into Manatee and Sarasota Counties Under Way at Tampa Bay Law Firm Specializing In Commercial and Residential Foreclosures and Short Sales

2010-02-25T11:30:00.000-08:00

St. Petersburg, Florida – Yesner & Boss, one of Tampa Bay’s top law firms in the field of commercial and residential foreclosures, short sales and bankruptcies, is expanding into Manatee and Sarasota Counties. The firm has announced the addition to its legal team of Jo Ann M. Koontz, an experienced tax lawyer and a certified public accountant.

Koontz joins Yesner & Boss (www.YesnerBoss.com) from the Sarasota firm, Icard Merrill. She will expand the capacity at Yesner & Boss to chart for clients the tax implications of their real estate decisions.

Foreclosures nationwide continue at record or near-record rates with eight Florida cities in the top 20 in residential foreclosure statistics, according to RealtyTrac, a national real estate database. Foreclosures and short sales also are spreading to suburbs, which had been thought to be more stable.

The spread of mortgage troubles to the commercial sector last year played a role in a number of bank failures, the Wall Street Journal reported. Banks held $1.7-trillion in commercial mortgages and construction loans last fall, a debt load that continues under economic pressure.

“These problems will not be going away for several years, especially in the so-called ‘sand states,’” said Shawn Yesner, a partner in Yesner & Boss. “For several years we have been working with homeowners and business owners facings forclosures and bankruptcies in the Tampa Bay area. Adding Jo Ann Koontz to our legal team gives us the opportunity to expand our services into the Sarasota and Bradenton areas.”

The “sand states” include Florida, Arizona, Nevada and California.

Koontz, a graduate of Ohio Northern University, will focus on helping Yesner & Boss commercial and residential clients determine the impact of foreclosures, short sales and bankruptcies on their tax liabilities.

Koontz has represented clients for more than 10 years in a variety of real estate matters, including commercial and residential real-estate transactions, 1031 exchanges, S corporations, partnership and LLC formation and reorganizations, and in the tax implications of many business and real estate transactions.

Koontz joined Yesner & Boss in February.

For more information or for interviews with Shawn Yesner or Jo Ann Koontz, contact our office today.

What You Need To Know About Credit Card Reform

2010-02-23T11:06:00.000-08:00

Below is a recent article written by Candice Choi & Eileen AJ Connelly of the AP Personal Finance Writers.

NEW YORK – The new credit card law is finally here. Starting Monday, banks will need to abide by new regulations on terms and disclosures. The idea behind the landmark law was to prevent banks from using practices that often dug borrowers deeper into debt.

A look at how the credit card law affects key aspects of your account.

INTEREST RATES

THEN: Banks could raise the interest rate on an account at any time, including the rate on an existing balances, even if you weren't late on payments.

NOW: The rate cannot be raised in the first year after an account is opened unless an introductory rate has come to an end. After that, cardholders must be notified 45 days in advance of any rate change.

For existing balances, rates can't be raised unless the account is at least 60 days past due. If payments are made on time for six consecutive months, the original rate must be restored.

There's still no cap on rates.

DISCLOSURES

THEN: The fine print on cardholder agreements was often difficult to understand. Rates, fees and penalties for other services such as cash advances, for example, could be hard to find. The impact of the interest rate on paying down a balance was hard to compute.

NOW: Cardholders will see how many months it will take to pay off a balance if only minimum payments are made. Statements will also indicate how much needs to be paid each month to pay off a balance within three years.

SERVICE FEES

THEN: Banks could charge as much as they wanted. They could assess annual fees, activation fees and other fees. This was mostly a problem for subprime cards marketed to those with poor credit scores. One popular card, for example, the Premier Bankcard, charged $256 in first-year fees for a $250 credit line.

NOW: Service fees, such as activation and annual fees, will be capped at 25 percent of the credit limit during the first year of use. After that, there is no cap.

GRACE PERIODS

THEN: Some card companies sent out statements not long before payments were due, and sometimes shifted payment due dates from month to month, meaning that payments would not always have enough time to arrive and get processed before being deemed late. As a result, some cardholders ended up getting charged interest or late fees even when they thought they were sending in payments on time.

NOW: The law requires that due dates remain consistent. Statements must be sent out 21 days before the payment due date, and finance charges and fees cannot be applied before that period is up. In practice, about half of card issuers have extended grace periods to as long as 25 days.

OVER-THE-LIMIT FEES

THEN: Banks set credit limits, then routinely allowed charges to exceed those limits. When that happened, though, the customer was charged an over-the-limit fee as high as $39. These fees were often triggered by interest charges or late-payment fees that pushed a balance over the credit limit. What's more, multiple over-the-limit fees could get charged in a single billing cycle if the balance was paid down and another charge pushed the balance back over the limit.

NOW: The cardholder must specifically agree to permit transactions that exceed the credit limit. Only then can over-the-limit fees be charged. But the fees can't be triggered by other fees or interest charges. Only one over-the-limit fee may be imposed during a billing cycle. No over-the-limit fees may be charged unless the cardholder has specifically agreed to permit transactions exceeding their authorized credit limit. These fees can no longer be triggered by other fees or interest charges imposed by the card issuer, and only one such fee may be imposed during a billing cycle.

In practice, several of the largest card companies have dropped these fees. Some banks are using pop-up boxes on their Web sites or other methods to obtain consumer authorization.

UNIVERSAL DEFAULT

THEN: If you made a late payment on one credit card or loan, or even late payments for obligations like utility bills, that could trigger interest rate hikes on other credit card accounts.

NOW: Card companies cannot raise interest rates on existing credit card balances. Interest rates can't rise during the first year an account is open, unless the original agreement spelled out a promotional rate for a limited time.

Consumers with older accounts must be informed of any interest rate increase on new charges at least 45 days in advance. They must also be given a chance to opt out of the hike by canceling the account and paying down the balance at the old interest rate. If an interest rate is increased, the card company must review the account once every six months to assess whether the rate should be dropped.

STUDENTS

THEN: Students arriving on college campuses often confronted a gantlet of credit card marketers handing out T-shirts, pizza and other gifts in exchange for filling out card applications. Credit cards were frequently handed out without checking the applicant's income sources. In 2008, 84 percent of undergraduates had at least one credit card. Average balances topped $3,100.

NOW: Credit cards may no longer be issued to anyone under age 21, unless the applicant has a co-signer, or can show independent means to repay the debt. Colleges must disclose any marketing deals they make with credit card companies. Banks are not allowed to hand out gifts on or near campuses or at college-related events.

Bank of America Forecloses on House That Couple Had Paid Cash For

2010-02-12T08:42:00.000-08:00

Below is a recent article written by Tony Marrero of the St. Petersburg Times.

SPRING HILL — Charlie and Maria Cardoso are among the millions of Americans who have experienced the misery and embarrassment that come with home foreclosure.

Just one problem: The Massachusetts couple paid for their future retirement home in Spring Hill with cash in 2005, five years before agents for Bank of America seized the house, removed belongings and changed the locks on the doors, according to a lawsuit the couple have filed in federal court.

Early last month, Charlie Cardoso had to drive to Florida to get his home back, the complaint filed in Massachusetts on Jan. 20 states.

The bank had an incorrect address on foreclosure documents — the house it meant to seize is across the street and about 10 doors down — but the Cardosos and a Realtor employed by Bank of America were unable to convince the company that it had the wrong house, the suit states.

"Their own real estate agent told them, and nevertheless Bank of America steamrolled right ahead," said Joseph deMello, an attorney in Taunton, Mass., who is representing the couple. "This is a nightmare for anyone, and it affected my hard-working clients a lot."

The Cardosos are seeking unspecified damages from Bank of America. The company showed negligence, trespassed and caused the couple emotional distress and financial hardship, especially because a tenant renting the home at the time got worried and left, according to the complaint. It's still unclear if the couple's credit rating has been affected, deMello said.

The suit names other defendants listed as "John Doe" who could include "employees, agents, contractors or other persons, ordered, hired, or told by BOA to trespass on the plaintiffs' property and to dispose of the plaintiff's personal possessions."

The suit also charges the company with defamation and libel. DeMello said the Cardosos are part of a Portuguese community in the area, and the foreclosure tarnished their reputation.

Charlie Cardoso is an unemployed construction worker, and his wife is disabled. They paid $139,000 for the three-bedroom pool home in the tidy neighborhood a few blocks south of Spring Hill Drive, records show. It was Charlie's life savings, the complaint says.

"We have a lot of friends there, and all the time we've been telling them the house has been paid (for)," a tearful Maria Cardoso said in an interview with WCBV-TV in Boston last month.

The couple, reached at home in New Bedford, Mass., referred a St. Petersburg Times reporter to deMello.

According to the complaint, here is what happened:

Last July, the couple's tenant called the Cardosos in a panic. The single mother of two teenagers accused the couple of lying when they told her she could rent the house as long she wanted. Three men were there to clean out the house and change the locks, she told them.

Charlie Cardoso talked to a real estate agent for Bank of America, who said he would inform the company that it had the wrong house. The couple thought that was the end of the ordeal.

It wasn't. A landscaper Bank of America hired in August to mow the grass on the property broke a fence to bring in his equipment. The tenant got spooked and moved out just before Christmas.

On Jan. 5, a friend of the Cardosos who was helping the tenant pick up belongings found men putting a lock box on the front door. The workers said the house belonged to Bank of America. The friend called the Cardosos.

When Charlie Cardoso called the bank, a representative told him there was a mistake, the problem would be fixed, and he would get a return call. The call never came. The lock box remained.

Four days later, Cardoso and his son drove to Florida, missing the homecoming of another son who was returning from Iraq for a two-week leave.

Cardoso had to prove to police that he owned the house. The next day he broke in through a back door and used bolt cutters to remove the lock box. The water and electricity had been turned off, and pipes had frozen.

The couple filed suit 10 days later.

Possessions the couple had stored at the home, including photos, clothes, tools and small appliances, had been removed and are presumably lost, the complaint states.

In September, three months after Bank of America started foreclosure on the Cordosos, it also foreclosed on the nearby home, records show.

The bank declined to comment to the Times beyond an e-mailed statement.

"We have reached out to the Cardosos' representatives and hope to have the opportunity to work with them to properly assess and address their allegations," the statement said. "We are reviewing the allegations in the lawsuit, the actual events that led to them and the causes of those events, and will consider any hardship that resulted."

Beyond financial damages, the Cardosos want something else.

"Bank of America or somebody should apologize," Charlie Cardoso said during last month's television interview.

At least one bank has acknowledged the record number of foreclosures from the mortgage meltdown has increased the likelihood of such mistakes.

Citi-Residential started the foreclosure process on a home in Kissimmee in 2008 — changing the locks and emptying the pool — even though the owner, who lives in London, didn't have a mortgage with the company, according to a report by Orlando TV station WFTV. Company officials said the high number of foreclosures they were dealing with in Central Florida contributed to the error.

DeMello said he has been fielding calls from other homeowners throughout the country with similar complaints.

As for the Cardosos, they still want to retire in Florida.

"They just don't know if they're going to be able to be in that neighborhood because of the uncomfortable feeling they have right now," deMello said. "Hopefully that will change."

-Tony Marrero - St. Petersburg Times

Personal Bankruptcy Filings Rising Fast

2010-01-05T08:07:00.000-08:00

Below is an excerpt from a recent article written by Sara Murray and Conor Dougherty of the Wall Street Journal discussing the current rise in bankruptcy filings.

The number of Americans filing for personal bankruptcy rose by nearly a third in 2009, a surge largely driven by foreclosures and job losses.

And more people are filing for Chapter 7 bankruptcy, which liquidates assets to pay off some debts and absolves the filers of others. That is significant because a 2005 overhaul of federal bankruptcy laws aimed to encourage Chapter 13 filings, which force consumers to sign onto debt-repayment plans in exchange for keeping certain assets.

The changes were designed to make it more difficult for people to shed their debt, particularly in a Chapter 7 filling. A "means" test, for example, was introduced to separate those who could afford to repay their debt from those who couldn't. A Chapter 7 filing is off the table if the means test determines a person is able to pay back at least a portion of the debt after it is restructured.

The worst U.S. recession in a generation is testing the effectiveness of these laws. The economic downturn also has prompted more middle-class Americans to file for bankruptcy protection.

Overall, personal bankruptcy filings hit 1.41 million last year, up 32% from 2008, according to the National Bankruptcy Research Center, which compiles and analyzes bankruptcy data. It is the highest level of consumer-bankruptcy fillings since 2005. Consumers rushed to file in 2005 before the new bankruptcy laws took effect in October of that year.

Chapter 7 filings were up more than 42% as of November 2009, compared with the same period a year earlier, according to the research center. November is the most recent month with analyzed data available. Chapter 13 filings rose by 12% and made up less than a third of 2009 filings as of November.

"That suggests it was largely ineffective," Ronald Mann, a law professor at Columbia University, said of the 2005 overhaul. "I don't think anybody who's knowledgeable about the bankruptcy system thought the statute was well crafted."

During this recession, the housing crisis and high unemployment rate have prompted more people to file for bankruptcy who may never have considered the option before, experts said. Filings from 2008 showed more people with high income and high education levels resorting to bankruptcy petitions, according to an annual survey of consumer-bankruptcy filers' demographics by the Institute for Financial Literacy, a nonprofit that provides bankruptcy-related counseling and education services. Those demographic trends appeared to continue last year.

Mr. Mann said he believes bankruptcies reached their peak sometime last year, but bankruptcy attorneys from across the country said there was no sign that business was slowing. The 113,274 filings in December alone were a third higher than the same month a year earlier.

Yesner & Boss Celebrates Its Five Year Anniversary

2009-12-04T06:45:00.000-08:00

Yesner & Boss, P.L. celebrated its fifth year anniversary this past month and we would like to thank all of you for making the last half decade nothing short of amazing.

The firm was originally founded during the 2004 Thanksgiving Weekend after the plaintiff's foreclosure firm Shawn Yesner was working with closed its doors - although that firm still exists today as an Intellectual Property Firm. Shawn enjoyed the area of law so much that he wanted to remain in foreclosure, bankruptcy and consumer law, so he bought a laptop and began his own firm named Shawn M. Yesner, P.L.

In December 2004, the firm had one employee, only 8 new files, and was renting a small office near downtown Tampa but as time went on and the firm continued its growth it was apparent that another attorney would be needed to handle the additional cases. In January 2008 the firm added another attorney Chris Boss and name of the firm was then changed to Yesner & Boss, P.L.

Currently the firm has 13 employees, opened 566 new files, as of December 1, 2009, including 117 real estate closings, and occupies the entire 5,000 square-foot building here on Gandy Blvd in St. Petersburg. We very much appreciate the thousands of clients that we've been able to help, and all of the professional and personal relationships we've created over the previous 5 years. We are excited to see what we are able to create over the next 5 years and beyond!

Nearly Half of Tampa Bay Homeowners Underwater on Mortgages

2009-11-25T08:06:00.000-08:00

Below is a recent article written by James Thorner of the St. Petersburg Times discussing Tampa Bays increasing population of underwater homeowners.

Three years of depreciation have left close to half of Tampa Bay homeowners owing more on their mortgages than their homes are worth.

In a September report put out by First American CoreLogic, a real estate information company, 46 percent of residential properties in the Tampa Bay area struggled with negative equity. That's 314,183 out of 684,822 homes.

In Florida, about 2 million of 4.6 million home mortgages were underwater, for a rate of 45 percent.

The number of upside-down homeowners has been rising in Tampa Bay and Florida. Eleven percent more Tampa Bay properties were underwater in September than in June, when First American's last report came out.

"The recent improvement in home prices this past spring and summer has slowed the increase in negative equity," said First American economist Mark Fleming. "But it will take a significant rebound in home prices, which we are not expecting, to offset the dampening effects."

Nevada had the highest rate of upside-down mortgages, affecting nearly two-thirds of homeowners. Arizona was next with 48 percent. Florida was third.

The bulk of distressed homeowners financed their properties in 2006 or 2007, close to the housing price peak in Tampa Bay. Altogether, bay area homeowners owe $104.6 billion on $116.3 billion worth of property, First American said.

First American admits it exaggerated negative equity earlier this year by assuming homeowners made fuller use of home equity loans than they actually did. But even after correcting those figures, negative equity is still rising.

James Thorner can be reached at jthorner@sptimes.com

FLORIDA

45 percent

2 Million of 4.6 Million homes

TAMPA BAY

46 percent

314,183 of 684,822 homes

If you owe more than your house is currently worth, contact the Tampa short sale attorneys at Yesner & Boss to find out what options may be available for you.

Pinellas-Pasco Circuit Court Pushes Mediation in Foreclosure Cases

2009-11-19T09:05:00.000-08:00

Below is a recent article written by Molly Moorhead of the St. Petersburg Times regarding Pinellas and Pasco Counties new empahsis on mediation in foreclosure cases.

As foreclosure filings continue to pile up in Pinellas and Pasco counties, the courts are trying a new emphasis on mediation.

The move targets owner-occupied properties, not investments.

Now, when homeowners are served with a foreclosure lawsuit, the paperwork should come with an explanation of their right to mediation and information about how to set it up.

"We want to encourage people to try to save their homes," said Thomas McGrady, chief judge for the 6th Circuit.

He signed an administrative order last month that requires lenders to notify homeowners about mediation, a meeting of both parties out of court in which they try to resolve their dispute without going before a judge. It has always been available, but court officials say most borrowers take no action in a foreclosure and simply accept losing their home. Through mediation, they might be able to obtain a loan modification that enables them to keep their house.

The order also requires the lenders to provide contact information. Judges around the state say they hear the same complaint from borrowers: They're in trouble on their loan but they can't reach anyone at the bank.

"I think the concern is the possible disparity of knowledge of the system," McGrady said, noting a typical homeowner probably knows less about navigating the process than bank officials.

Under the new order, the $150 mediation fee will be paid by the lender. But if the mediation results in no settlement, that money can be added to the final judgment against the borrower, McGrady said.

There's also a boilerplate defendant's motion, which can be downloaded from the circuit's Web site, that homeowners can use to request mediation.

The move by the court comes as Pinellas County saw 1,239 new foreclosure filings in October alone. In Pasco, the number was 762, with more than 12,000 pending.

"Our caseload is massive," said Pasco Circuit Judge Lynn Tepper, whose duties recently expanded to include foreclosure cases.

She also presides over juvenile delinquency court and sees a connection between foreclosed, abandoned homes and the juveniles who appear before her accused of vandalizing them.

"The neighborhood can only be helped by a home that's occupied and maintained," she said.

Tepper favors implementing a comprehensive managed mediation program for foreclosure cases. That's the model recommended by the Task Force on Residential Mortgage Foreclosures convened by the Florida Supreme Court. Citing the backlog of more than 290,000 foreclosure cases across the state, the panel says reaching out to borrowers is vital.

"Most of these folks, they're not denying they're in default. They're not trying to pull a bunch of voodoo delay tactics. They know they owe this money; they just want to know if something can work out," Jennifer Bailey, a Miami circuit judge who is head of the task force, told the justices this month.

McGrady said he wants to wait and see what tack the Supreme Court takes before adopting a broader program.

"We're trying this and we'll see if it works," he said.

-- Molly Moorhead, St. Petersburg Times

If you'd like to review the motion to request mediation please click here.

Poll Results: Do you Believe the Recession is Over?

2009-11-05T08:52:00.000-08:00

Recently we asked the viewers at yesnerboss.com to answer the following question: Do you Believe the Recession is Over?

Throughout the month of October, 50 votes were submitted from viewers in eight different states. 26 (52%) of you answered “No, we are going to be in this economy into 2010 and beyond” with the majority of these votes coming from Florida, Tennessee, Illinois, Connecticut and Michigan. However the majority of viewers from California, Texas and Georgia chose “No, but we are getting closer to the end” which received 16 votes (32%) overall. Ohio was the lone state that believed that “Yes, we are starting to come out of it” which received 8 votes (16%) overall.

Don’t forget to cast your vote on the latest Yesner & Boss Poll as well.

Florida Law Firm Expands Services for Businesses and Individuals Needing Mortgage and Bankruptcy Assistance

2009-10-30T14:19:00.000-07:00

St. Petersburg, Florida – Yesner & Boss, a leading Central Florida law firm in the areas of mortgage assistance, bankruptcy and asset protection, has added two attorneys to expand services to clients caught up in the nation’s complex mortgage markets. This will be especially important as the economic tidal wave that swamped residential real estate sweeps toward the commercial market.

Commercial property values have fallen 35 percent since October 2007, according to Moody’s Investors Service, making it difficult for owners to refinance almost $165-billion of mortgages for everything from small stores to skyscrapers. If those properties can’t be sold, foreclosures could become the crisis for the commercial real estate market it continues to be for residential real estate.

The addition by Yesner & Boss of associates Vincent C. LoBue and Paul M. Silvestri significantly increases the capabilities of the firm (www.YesnerBoss.com).

“Bringing on additional attorneys allows us to expand our client base, take on more complex cases and add even more value to all our clients,” said Shawn Yesner, a partner in Yesner & Boss.

The rate of foreclosures in Florida remains staggering. Between August and September, Florida recorded nearly 344,000 new foreclosures of all kinds, according to RealtyTrak, a real estate monitoring firm.

“With foreclosures remaining high and bankruptcies nearly back to the epidemic scale of 2005, creditors are becoming increasingly aggressive in collecting debts,” Yesner said. “In many cases, this activity goes beyond what the law allows. It’s not just homeowners. Commercial landlords are experiencing high vacancy rates, which could lead to increased commercial foreclosures. Our addition of two skilled attorneys will allow us to respond to those needs.”

LoBue received a law degree from Stetson University College of Law and is a member of the Florida and New Jersey Bar Associations. LoBue’s practice includes foreclosure defense, consumer protection litigation and asset protection.

Silvestri, also a Stetson graduate, is a member of the Florida Bar Association. Silvestri’s practice includes foreclosure defense and consumer protection cases.

In Florida's foreclosure frenzy, Tampa Bay's happy to lag frontrunners

2009-10-28T11:32:00.000-07:00

Below is a recent article written by Robert Trigaux of the St. Petersburg Times regarding Tampa's recent decline in foreclosures filed.

Wake up and good morning. Las Vegas posted the nation’s highest metro foreclosure rate in the third quarter, new RealtyTrac data show, but plenty of Florida metro areas were not far behind. The red portions of the map above show the parts of the country with the highest concentrations of foreclosure activity, specifically 10 to 99 housing units per foreclosure filing.

In Florida, the Cape Coral-Fort Myers and Port St. Lucie metro areas ranked in the top 10 in concentration of foreclosure filings. Interestingly, Orlando-Kissimmee ranked 11th nationally, notable because of the metro area's size. Tampa Bay, in contrast, ranked 34th. Tallahassee ranked 85th, lowest in Florida of the 203 metro areas listed by RealtyTrac. Said James J. Saccacio, RealtyTrac CEO:

“Rising unemployment and a new variety of mortgage resets continued to gradually shift the nation’s foreclosure epicenters in the third quarter away from the hot spots of the last two years and toward some metro areas that had avoided the brunt of the first foreclosure wave. While toxic subprime mortgages drove much of that first wave of foreclosures, high unemployment and exotic Alt-A Option ARMs are spreading the foreclosure flood to more metro areas in 2009.”

Note how Jacksonville's foreclosure rate has ballooned 64 percent in the past year while Tampa Bay's has dropped nearly 5 percent.

Below are the top 10 metro areas in the country based on that criteria, plus a list of where Florida metro areas rank nationally for the third quarter of 2009.

Here's how the ranking is listed.

Metro: % foreclosed, foreclosed rate per x homes, 1 yr change

United States: 0.73%, 136, 22.50%

1. Las Vegas-Paradise, Nev.: 5.13%, 20, 53.62%

2. Merced, Calif.: 3.72%, 27, -11.12%

3. Cape Coral-Fort Myers, Fla.: 3.67%, 27, -2.19%

4. Stockton, Calif.: 3.53%, 28, -3.05%

5. Modesto, Calif.: 3.39%, 30, -0.12%

6. Riverside-San Bernardino-Ontario, Calif.: 3.37%, 30, 11.83%

7. Bakersfield, Calif.: 2.88%, 35, 14.25%

8. Vallejo-Fairfield, Calif.: 2.85%, 35, -3.37%

9. Reno-Sparks, Nev.: 2.67%, 37, 80.44%

10. Port St. Lucie, Fla.: 2.63%, 38, 40.05%

... and out of 203 national rankings, here are other Florida metro areas:

11. Orlando-Kissimmee, Fla.: 2.57%, 39, 41.92%

14. Miami-Fort Lauderdale-Pompano Beach, Fla.: 2.23%, 45, 34.67%

18. Lakeland, Fla.: 1.77%, 57, 41.49%

24. Naples-Marco Island, Fla.: 1.56%, 64, -4.49%

25. Deltona-Daytona Beach-Ormond Beach, Fla.: 1.50%, 67, 27.70%

26. Jacksonville, Fla.: 1.48%, 68, 63.50%

27. Ocala, Fla.: 1.47%, 68, 31.06%

30. Sarasota-Bradenton-Venice, Fla.: 1.42%, 71, -6.59%

31. Palm Bay-Melbourne-Titusville, Fla.: 1.40%, 71, 10.32%

34. Tampa-St. Petersburg-Clearwater, Fla.: 1.29%, 77, -4.99%

51. Pensacola-Ferry Pass-Brent, Fla.: 0.83%, 120, 23.27%

75. Gainesville, Fla.: 0.57%, 176, 64.74%

85. Tallahassee, Fla.: 0.52%, 191, 47.52%

-- Robert Trigaux, Times Business Columnist

Top Tampa Bay Real Estate Lawyer Featured In New Thomson West Book on Florida Foreclosure Law

2009-09-22T07:42:00.000-07:00

ST. PETERSBURG, FL – Shawn Yesner, one of Central Florida’s leading experts on residential and commercial foreclosure laws and procedures, is a major contributor to a new book from Thomson West on all facets of the state’s foreclosure statutes.

It is a perfect combination.

Yesner, a partner in Yesner & Boss, P.L. is regarded as one of the most effective attorneys in Florida in defending clients involved in foreclosure and short-sales of residential and commercial property. Thomson West is the most prestigious publisher of legal resources in the country, with more than 5,000 titles in print.

The new book, “Florida Foreclosure: What Lawyers Need to Know,” provides commentaries from proactive experts on a variety of current and highly relevant areas of real-estate law, including commercial foreclosures, mortgage modifications, homestead laws, foreclosure protection, Federal Trade Commission actions and a guide to foreclosure pleadings and practices.

“I consider it a high honor to be involved in this Thomson West project because the state of real estate markets has been and continues to be dire,” Yesner said. “While the residential markets are showing sporadic signs of improvement, we are moving toward commercial markets, where the next wave of distressed borrowers is facing a difficult future.”

As the economy struggles, businesses are failing, making it increasingly difficult for commercial landlords to keep property occupancies sufficiently high to pay their mortgages. But few new companies are emerging to fill those vacancies.

“Commercial property owners will start defaulting and going out of business,” Yesner said. “They will need asset protection, help with possible bankruptcies and effective representation with lenders. That’s where we are focused.”

“Florida Foreclosure: What Lawyers Need to Know,” is an invaluable asset for law offices and should be a resource in every law library. It is available for $79 from Thomson West online here.

Shawn Yesner offices are at 10812 Gandy Boulevard North, St. Petersburg, Florida 33702. Mr. Yesner can be contacted toll-free at 888.282.2110 or, locally, at 727.471.0039.

For more information or requests for interviews, contact Shawn Yesner directly at the numbers above or Jean Heller at The Visions Group, 727.424.4349.

Attorney Shawn Yesner Published in “Florida Foreclosure: What Lawyers Need to Know Now”

2009-08-07T06:45:00.000-07:00

Yesner & Boss, P.L. attorney Shawn Yesner was recently asked contribute to a new book entitled “Florida Foreclosure: What Lawyers Need to Know Now”. The book provides commentaries from leading experts on several areas of Real Estate Law including;

Commercial Foreclosures
Mortgage Modification
Florida Homestead Tax Assessment Law
Federal Foreclosure Protection Laws
Foreclosure Rescue Services
The Florida Bar's March 2009 Ethics Alert
Federal Trade Commission Action on Foreclosure Rescue and Loan Modification Scams
Andrews Publications Features Articles
Recent Florida Foreclosure Case Law
Florida Statutes
A Guide to Foreclosure Pleadings and Practice
Foreclosure Pleadings and Practice Forms

Attorney Shawn Yesner is featured in the mortgage modification chapter where he has written the article entitled “Loan Modifications Can Help Borrowers Keep Their Homes”. In his article Shawn discusses what loan modifications are and how they work, while covering the constitutional issues as to what they can and cannot do. For more information on how to purchase this book please click here.

New Law Means Higher Fees in Civil Court

2009-07-08T08:47:00.000-07:00

Below is a recent article from Bay News 9 regarding laws that have been passed that will mean higher fees in civil court cases for Florida residents.

PINELLAS COUNTY (Bay News 9) -- A law that was recently enacted means Florida residents will find themselves paying more whenever they go to civil court.

Senate Bill 1718 contained provisions to increase filing fees on civil and probate cases, but those who may feel the biggest impact of the fees are people who are filing for foreclosure.

Foreclosure filings used to cost a flat rate of $295. Now the fee will be anywhere from $395 to $1,900. The new fee will depend on the property value.

Christina Taylor and Sheila Brettnacher risk losing five properties to foreclosure, so they sought help from attorney Charles Gallagher. Gallagher urged the women to file suit before the July 1 deadline to avoid the increased fee.

"I think it's terrible," Taylor said. "The people who really need representation the most are the ones who won't be able to afford it."

The fee for filing civil cases will increase by $100, while the probate filing fee will increase by $115. Fees for cross-claims and counter-claims are also going up.

Gallagher said he thinks the fees will have an impact on the courts.

"I think it's going to have a chilling effect on the use of the courts," he said. "The courts are probably going to be less busy than they have been in the past."

At the same time, he sees why lawmakers made this decision. Higher fees mean more money for the state.

"There's a huge, huge problem with funding the court systems in Florida and court systems have always had under-funding by the Legislature," Gallagher said. "This was meant by the governor as well as the Legislature to go ahead and arrest that problem and mitigate some of the spending problems and financing problems of the courts."

People are not able to afford the filing fees can have them waived. They will have to show proof of income, assets and debts in order to do so.

"Top Tampa Bay-Area Law Firm and Major Real Estate Group Form Partnership to Help Clients with Mortgage Difficulties"

2009-07-02T07:58:00.000-07:00

Below is a recent press release from The Visions Group regarding our firms recent partnership with Prudential Tropical Realty.

Tampa Bay, Florida – Yesner & Boss, one of Central Florida’s top real estate law firms, has signed an agreement to represent clients of 15 area offices of Prudential Tropical Realty in a wide range of financial problems afflicting residential property owners.

Under the agreement, Yesner & Boss, P.L. (http://www.yesnerboss.com/) will become corporate counsel for offices of Prudential Tropical located all over the Tampa Bay area, including St. Petersburg, Temple Terrace, Brandon and the Pinellas Beaches. The real estate offices will refer their clients who need help with foreclosure defense, short-sale negotiations, asset protection and strategies, and consumer protection.

“The goal of Yesner & Boss and Prudential Tropical (http://www.prutropical.com/) is the same, to help property owners stay in their homes and work their way out of mortgage difficulties to which the current market is subjecting a lot of people,” said Christopher Boss, a partner in the law firm.

Prudential Tropical Realty is a locally owned company that opened its first office 50 years ago. It now has offices throughout Pinellas, Hillsborough, Pasco and Hernando Counties.

“In combining our skills and experience with the success history of Yesner & Boss, we have created a team of specialists for our clients, elevating the quality of service we can offer to Tampa Bay area homeowners,” said Rob Hilliker, vice president of sales and marketing for Prudential Tropical.

While foreclosure rates are dropping nationally – many believe this is because the majority of troubled mortgages already have foreclosure filings against them – Florida has nearly 60,000 residential properties in foreclosure, which ranks the state either second or third, depending on which real estate tracking company is keeping score. Within Florida, the Tampa Bay region is one of the mostly heavily beset by foreclosures and short sales.

“While there are signs of life flickering in the residential real estate market, it is a long way from flourishing,” said Boss. “And improvement will not be significant until foreclosures return to normal numbers and the backlog of foreclosed properties is cleared. There is, unfortunately, still a lot of work to be done out there.”

For more information regarding this article call the Offices of Yesner & Boss, P.L. at (727) 471-0039.

www.yesnerboss.com

Join Us For The 1st Annual Yesner & Boss Open House!

2009-06-22T10:31:00.002-07:00

The Staff of Yesner & Boss, P.L., invite you to join them for an Open House Thursday, June 25th from 4 until 8 o'clock PM, at their new office location:

10812 Gandy Blvd. N,
St. Petersburg, FL 33702

Please RSVP to Kelli@baytobay.net

Article Regarding Documentary Stamps Published

2009-05-19T10:34:00.005-07:00

Previously we wrote two articles regarding the issue regarding the calculation of documentary stamp taxes on short sale real estate transactions. The first article entitled "The Document Stamp Dilemma On Short Sales" posted on August 20, 2008 introduced the issue of whether document stamp taxes imposed by the State of Florida should be based on the contract price of a short sale or based on the outstanding loan balance on the property including any loan amount that is being discharged. The second article entitled "The Document Stamp Dilemma On Short Sales Clarified" posted on December 30, 2008 clarified the State's position regarding this issue as indicated by the Florida Department of Revenue.

Earlier this year we were asked by the Greater Tampa Association of Realtors to publish an article regarding this issue in the Greater Tampa Realtor News which is the official publication of the Greater Tampa Association of Realtors. The article was published in the February 2009 issue. To read the article click here.

"Central Florida Foreclosure Law Firm Helps Negotiate The Mazes And Pitfalls Of Mortgage Modifications"

2009-03-24T05:46:00.005-07:00

Below is a recent press release from The Visions Group regarding our firm and our recent move to the St. Petersburg area.

Tampa Bay, Florida – The two-year-long meltdown in real estate values and sales has generated confusing options confronting property owners fearful of losing their homes as they fall behind in mortgage payments.

One well-known Tampa Bay law firm, which specializes in helping clients avoid foreclosure and stay in their homes, has recognized the growing “vogue” of mortgage modifications: the simple-sounding but complex process of working with lending institutions to decrease mortgage principals or interest rates, or extend the time for mortgage loan repayment, all of which decrease the financial burden on homeowners.

At its best, it is a good solution for some, says Shawn Yesner, managing partner in the firm of Yesner & Boss (www.YesnerBoss.com). At worst, it is a scam that can plunge desperate homeowners even deeper into the mortgage morass.

“Our goal for our clients is to make it possible for them to keep their homes with an affordable modification, or at least to reduce or eliminate their liability under their loans,” said Yesner. “We don’t want to add to their financial burdens, so we keep our rates low, much lower than fees demanded by ‘foreclosure-rescue’ scammers. Our work always includes legal services provided by a Florida-licensed attorney who specializes in foreclosure issues.”

Yesner cautions that mortgage modifications are not a quick-fix for everyone. Many mortgages that are modified still go into default in a matter of months. Yet, the advantages for the property owner with a successful modification is being able to keep the home at an affordable monthly price. The incentive for the lender is the opportunity to turn a non-performing loan back into a good investment and sidestep foreclosure action in which the lender winds up owning a property it cannot sell while maintenance costs keep growing.

“So many people are desperate to save their homes they are vulnerable to scammers,” said Christopher Boss, a partner in the firm Yesner & Boss. “Any time a company guarantees results, it should raise a huge red flag. And Florida law requires that homeowners be given certain disclosure documents. If they aren’t provided, that should be a huge red flag.”

For more information regarding this article call Jean Heller of The Visions Group at (727) 424-4349.

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"Top Florida Foreclosure Defense Law Firm Moves To Better Serve The Entire Tampa Bay Area"

2009-02-10T11:17:00.005-08:00

As we previously announced, in an effort to better serve our clients our firm has moved its main office to St. Petersburg, Florida from our Tampa location however we our maintaining an office at our Tampa location as well to continue to serve our clients. Below is a recent press release from The Visions Group regarding our firm and our recent move to the St. Petersburg area.

As Florida continues to rank among the highest states in the nation for home foreclosures, with one in every 186 properties receiving notices, one of the leading Tampa foreclosure-defense law firms has relocated its office to a more central location to better serve the entire Tampa Bay area.

Yesner & Boss P.L. specializes in foreclosure defense, Chapter 13 bankruptcy, Chapter 7 liquidation/bankruptcy, as well as title insurance, contract and lease review, evictions, corporate planning and probate.

The firm, founded in November 2004 at a location in Tampa, moved its offices to larger quarters at 10812 N. Gandy Blvd, St. Petersburg, Fl, 33702 this month. The office, at Gandy and San Martin Drive, just east of the dog track, is a mile from the Pinellas end of the Gandy Bridge and accessible from the first Pinellas exit (Fourth Street N.) off the Howard Frankland Bridge.

“Obviously, with the tremendous foreclosure headaches being suffered right now around the country in general, and Florida in particular, we needed to be more accessible to larger numbers of people,” said Shawn Yesner, senior partner in the firm. / According to Yesner and partner Christopher Boss, their firm can delay most foreclosures to give clients time to determine a best course of action.

According to Yesner and partner Christopher Boss, their firm can delay most foreclosures to give clients time to determine a best course of action. While Florida ranks behind only Nevada and California in total numbers of foreclosures in the United States, the Pinellas/Hillsborough County area ranks third within the state in foreclosures. New foreclosures in December in the two counties totaled 5,285, ranking only behind Miami-Dade County with 6,580 and Lee County with 6,454, according to RealtyTrac.

For more information regarding this article call Jean Heller of The Visions Group at (727) 424-4349.

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New Main Office

2009-01-12T06:06:00.005-08:00

So that we may better serve our client's needs, as of February 2nd, 2009 we are expanding our practice and adding an additional location which will become our new main office. The new address will be:

10812 Gandy Blvd. N.
St. Petersburg, FL 33702

However, we will also still continue to take appointments at our current office just on the other side of the bay in Tampa at our current location which is:

1902 West Main Street
Tampa, FL 33607

Until February 2nd, our main office will remain full time at our Tampa location. For more information on office locations and contact information visit our contact us page.

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Partnership with Florida Attorneys Saving Homes (FLASH)

2008-09-25T10:39:00.005-07:00

In an effort to prevent homeowners from losing their homes to foreclosure, Yesner & Boss, P.L. has partnered with the Florida Bar, Florida Legal Services, and the Real Property Probate & Trust section of the Florida Bar, to participate in the Florida Attorneys Saving Homes program (FLASH). The program places clients facing foreclosure with private pro bono attorneys, who provide free legal representation along with valuable education and prevention information.

Client Representation

FLASH attorneys are available to provide representation to the nearly 77,000 homeowners in Florida who are in danger of entering foreclosure. If a homeowner is behind 30 days or more on their mortgage payments, and has not yet been served with a foreclosure complaint, the homeowner may contact the FLASH hotline at 1-866-607-2187 to complete an initial intake interview. A self directed intake form may also be completed online by going to the Florida Bar website at FLASH Intake Form. Once the form is completed, a FLASH staff member will refer the client to a private pro bono attorney, who will then contact the client within ten days.

Education and Prevention

Government outreach programs have enabled attorneys to assist homeowners in mitigating losses from the ever increasing amount of foreclosures. HOPE NOW provides borrowers of adjustable rate mortgages (ARMs) the option of loan modification within 120 days of interest rate reset. ARM loan borrowers can visit the HOPE NOW website or call toll free (1-888-995-HOPE) to determine if their lender or servicer participates in the program. Similarly, Project Lifeline offers borrowers who are 90 days delinquent the option of "pausing" a foreclosure action for 30 days so the bank can evaluate loan modification options. Some of the industry's largest lenders participate in this program, including Wells Fargo & Co., Bank of America Corp., Washington Mutual Inc., Countrywide Financial Corp., and JPMorgan Chase.

Aside from these programs, Florida Legal Services, a statewide legal pro bono services group, specializes in representing victims of predatory lending. Since these illegal tactics are often intertwined with a mortgagor's pending foreclosure action, FLASH pro bono attorneys receive training to look for common signs of predatory lending, including: excessive fees, abusive preparation practices, request for a balloon payment, broker kickbacks, loan flipping, sale of unnecessary products, steering toward pre-selected brokers, targeting of individual clients, and failure to determine ability to make payments. As such, FLASH attorneys will ensure that any suspected illegal practices are referred to agencies that specialize in bringing actions against predatory lenders.

Yesner & Boss, P.L. is happy to provide these services in furtherance of the firm's mission: to enhance the quality of life for our clients by implementing carefully planned and considered legal strategies that have been integrated with practical asset protection tools on their behalf.

By: Brett Henson & Shawn M. Yesner

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New Website!

2008-08-07T08:45:00.005-07:00

We have launched a new website www.yesnerboss.com. This new website will not only inform potential clients of the services we offer, but also inform potential and current clients on things that are going on in our firm, news and information about new and relevant laws, as well as news and information on topics that relate to our services such as real estate, wealth and finance, debt management, etc.

Additionally one of the biggest additions to the new site we are most excited about is this blog. This is where we will post news, updates, frequently asked questions, and information relating to new laws and trends we are seeing in the legal field. We will be updating this blog at least weekly. Please feel free to check this blog as well as all the other informative sections of our new site often and also please click our RSS feed link so you may stay current with our updates all week!

Thanks for visiting and we look forward to being able to serve you soon,

- The Yesner & Boss, P.L. Staff

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