Tag Archives: homestead
Can I Sell My House When It Has A Lien Against It?
A great question from a listener in the Florida Panhandle: I have a judgment filed against me 12 years ago. Can I sell my house without paying the judgment? The simple answer is yes, as long as (1) the property being sold is homestead property, and (2) the owner files a Notice of Homestead… Read More »
Can Florida’s Homestead Exemption Be Used To Defraud Creditors?
When it comes to Asset Protection, Florida has one of the best homestead exemptions in the Country. However, that exemption often comes under fire, especially in situations where creditors feel the exemption is an unfair impediment to them collecting against a borrower. In the case Havoco of America, Ltd. V. Hill, 790 So.2d 1018… Read More »
Forfeit Your Foreclosure Defense In Bankruptcy Court
In early October 2014, the Eleventh Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy cases in Florida too), decided the case of Failla v. Citibank N.A. The Court held that debtors who “surrender” their house in a bankruptcy case may not later oppose a foreclosure action against that house in state court…. Read More »
Title Issues Raised By Marital Status
Why do Title Deeds in Florida recite the marital status of the grantor, or contain a statement that the property does not constitute the homestead of the Grantor? Article X, Section 4 of the Florida Constitution provides that “The owner of homestead real estate, joined by the spouse if married, may alienate the homestead… Read More »
Asset Protection: Florida’s Homestead Exemption V Homestead Exemption In FL
When a borrower defaults on a payment obligation, whether a mortgage payment, credit card payment, signature loan, student loan, or any other type of repayment agreement, their first concern is normally asset protection, “will the creditor take my house away from me?”. Our response differs based on the type of debt and whether the… Read More »
Homestead Asset Protection Strategies
The Best Homestead Asset Protection Strategy For Florida Do Nothing !! Real estate “Gurus,” and our colleagues in estate planning or divorce law, will often discuss asset protection strategies and homestead asset protection for various forms of real estate investments. The danger occurs when inexperienced homeowners use these techniques on their Florida homestead property…. Read More »
