Do Mobile Homes On Rented Lots Entitled To Homestead Creditor Protection?

I get asked from time to time whether a debtor’s mobile home which he occupies and maintains on a rented mobile home lot qualifies as exempt Florida homestead. The answer is “yes” and “no.”

Mobile homes are not protected from creditors under Florida’s constitutional homestead protection when the debtors do not own the underlying land. Such mobile homes are protected from creditors under a Florida statute intended to extend creditor protection to certain non-traditional dwellings. Florida Statute 222.05 provides a statutory homestead exemption for mobile home occupants. Many courts have considered the homestead protection under Statute 222.05 to be an extension of Florida’s constitutional homestead. The statute accomplishes the same result, but it is different in some other respects.

The point is that if you live in a mobile home in a mobile home rental park your residence is protected from your creditors.

Last updated on May 22, 2020