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.
A long time ago I wrote a blog post about a newly enacted Georgia law that provided Georgia residents to import exemptions from other states when the creditor had domesticated in Georgia a judgment rendered outside of Georgia. The law came to my attention this week when a Georgia resident called me to inquire about the law. Since then, I spoke to Georgia collection attorneys who stated they had never heard of the statute.
The Georgia statute says that a Georgia resident may apply exemptions available the residents of any state where a judgment was entered and then domesticated in Georgia. So, a Georgia resident who was sued in Florida could apply to his Georgia property the exemptions available to residents of Florida.
There is a general principal that laws applicable to real estate are based upon the laws of the jurisdiction where the real estate is situated. It does not seem logical that a Georgia court is required to apply exemptions applicable to Florida residents’ homesteads to Georgia houses. This is the result of the Georgia statute. I researched the statute and found no case law interpreting its application to Georgia real property.
About the Author
Jon Alper is an expert in asset protection planning for individuals and small businesses.
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