Florida homestead is a constitutional protection which makes the homestead of a decedent exempt from the claims of creditors. Florida Homestead can apply to condominiums, however, a Florida District Court recently affirmed a lower court decision which held that decedent’s contractual interest in a condominium (which was owned by decedent…
Articles Posted in Homestead
Estate Planning Update: New Changes to Florida Homestead
Starting October 1, 2010, if you die in Florida your spouse will be able to elect to take the traditional life estate in your homestead that is separate property or a 1/2 interest in the property. While this does not effect many Floridians, it does effect many who got married…
Florida Constitution can protect two Florida Homes as Homestead
The Homestead Exemption in Florida, which was established in the State’s Constitution, has always provided for the protection of the Family home free from creditors and liens. In 1985 the Constitution was amended to extend the protection to the “natural person” and not necessarily having to be the head of…
Florida Homestead Protection and Creditors: Will your home be protected upon your death?
When a person dies, who owned a property protected by a Florida Homestead we generally expect the property to be free from the claims of creditors. There are certain situations when this is not true and other types of planning could prevent creditors from making claims against your Florida Homestead.…
Bank of America Forecloses on Wrong House Again
Bank of America Appears to be Foreclose on homes like a random drive by shooting writes Jonathan Turley on his blog. The Massachusetts owners filed a lawsuit in federal court which states they paid cash for their home in 2005. This was five years before agents for Bank of America…
I just got a Motion for Summary Final Judgment & Attorney Fees
How long can I stay in the home or what are my options? It is still possible to stop the Summary Judgment and remain in the home but you need to act quickly or you could be removed from your home in as little as 24 hours after the sale.…
Amending a Florida Foreclsoure Complaint or Answer
In a Florida Foreclosure Law Suit it is possible to amend an answer once it is filed. Often this is done when there was a mistake with the original answer or the Defendant has submitted a letter on your behalf as an answer. Sometimes the lender or the person suing…
Jacksonville Foreclosure Lawyer and Duval County Property Values
a Jacksonville Foreclosure Lawyersknows that foreclosures in your neighborhood hurt property values. Good news for Texas residents, Today they have help in dealing with property values and the taxes related to them. Homeowners in neighborhoods that have been hurt by homes with foreclosures might find some relief. The new Teas…
Florida Foreclosures Continue to Rise
Florida is not the number 2 state for Foreclosures as it moves ahead of California with 1 of every 165 homes in danger of becoming bank-owned reported the Palm Beach Post. Many properties that sold in 2003-2006 are now upside down and if people loose their jobs, they risk not…
HAMP homeowners stuck in limbo
As a Florida Foreclosure Lawyer we notice trends that would lead you to believe that the banks are using HAMP to collect fees and not to actually help people. A recent article on PUBLICCITIZEN a Consumer Law & Policy Blog has an article by Alan White where they quote some…