A client lived in a home titled in the name of his father’s living trust. The client had previously owned the home and then transferred the house to his father’s trust. The deed reserved to the client a life estate in the home that his father could terminate at any…
Can a Georgia resident protect from a judgment creditor his Georgia residence pursuant to the an unlimited homestead exemption provided by Florida Constitution? He can if the creditor obtained his judgment in a Florida court.
Florida homestead protection from judgments takes effect when you actually move into the house you own. Moving in to a homestead will not remove the lien of a judgment that was recorded if you owned the house prior to making it your primary residence.
People who are not permanent U.S. residents cannot claim Florida homestead exemption. Citizens of other countries residing in Florida need at least a “green card” in order to qualify for homestead protection. Does it make any difference if the foreign residents live in the house with dependents who are legal U.S. citizens?
In cities where parking is limited, many condominium units come with dedicated parking spaces. The parking spaces often cost significant amounts of money. One of my clients asked me if his dedicated parking space was protected from creditors as part of his Florida homestead exemption.
Some institutional loan documents suggest that that the debtor’s default entitles the creditor lender to a lien on the debtor’s homestead. Can you indirectly pledge your homestead to secure a guarantee of a commercial loan?
Often, people with judgments entered against them want to sell their home and move to a different home in Florida. They are concerned whether they can buy a Florida homestead and receive proceeds from the sale of their existing homestead without subjecting either the new property or the homestead sale…
A caller complained that one of his judgment creditors put a lien on his Florida homestead. The caller stated that my website said that homesteads were protected from creditors, and he wanted an explanation of how his creditor could lien his homestead. Other people from time to time have asked…
I received another homestead inquiry this past week from someone who caller owned a primary residence in Florida and is temporarily moving out of state. This caller is a self-employed technology consultant to large businesses. He incurred a money judgment from a failed business deal. He has a long-term consulting…
