I discussed the following case with a creditor attorney. A debtor loses his house at a foreclosure sale. The foreclosure sale price brings in enough money to pay off the mortgage and provide excess funds of $20,000.
A reader was confused about the various affidavits that debtors may need to file in Florida such as the homestead affidavit, head of household affidavit, and affidavits of domicileA homestead affidavit may be required to qualify for the homestead tax exemption. The homestead affidavit must be filed after you move…
A reader ask whether she can claim Florida homestead protection on a Florida condominium when he works in New York but plans to live in the Florida condo for six months of the year. The reader states that most of his life is in New York.
A man buys a 35 foot sailboat. He removes the inboard motor, and docks the boat. He attaches a generator to the boat and moves onto the boat as his principal residence. He maintains the boat permanently at the docking facility, never sailing the boat for commercial or recreational purposes. The question…
A Florida resident can temporarily move out of his Florida residence and still claim the residence as his homestead as long as he demonstrates the intent to return to the property as his permanent home. What happens if a Florida resident has to leave his house to serve prison time…
A Florida resident entered into a commercial contract which contract included a waiver of homestead rights. The same Florida resident was subsequently by the other party to the contract, and a money judgment was entered against the Florida resident and in favor of the other party.
There is an interesting asset protection planning idea in article published in ABA Health eSource and co-authored by attorneys Alan Glassman of Clearwater, Florida and Justin Pikramenos of Stetson University in Deland, Florida.
I had previously written a post about Florida homestead protection of a duplex where one half is owner occupied and the other unit is rented. The issue is whether the constitutional homestead protection includes a rental unit attached to the dwelling where the two units cannot be subdivided.
A common asset protection question is what happens to a Florida homestead upon divorce.
I received an email asking whether the homestead provisions of the Florida Constitution would protect a residence owned by an irrevocable trust where the debtor had deeded a house into the trust and remained the trustee and one of the beneficiaries.