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Declaration of Homestead: A Simple Way to Protect Your Home Equity
What a Declaration of Homestead is, what it protects against and who it protects
FLORIDA'S HOMESTEAD EXEMPTION PROVIDES AN EXEMPTION FROM FORCED SALE AND IS AMONG THE MOST PROTECTIVE IN THE USA. IT PROVIDES NO LIMIT TO THE VALUE OF REAL PROPERTY THAT CAN BE PROTECTED FROM CREDITORS.
What is a homestead?
A homestead is the house, boat or mobile home that a person lives in, and the land on which it sits. The property must be a person’s sole primary residence for it to be eligible for a homestead declaration. This may include a mobile home or manufactured home where the owner does not own the land that the mobile home is lying on. The term homestead also includes any improvements legally defined as ‘appurtenances’ to the land, such as a fence or any addition add-on’s. However, home furnishings and appliances are not eligible for a homestead declaration.
What is a Declaration of Homestead?
By signing a legal document known as a Declaration of Homestead, Floridians can protect an unlimited amount of their home equity from unsecured creditors as long as the home is a sole primary residence. Floridians can protect an unlimited value of a home against most creditors’ claims. For example, if a person incurs excessive credit card debt, the equity value of his/her home would still be protected from any lien or judgment. The only exceptions are a secured mortgage, tax lien or mechanics lien.
Limit on dollar value
The value of exempt equity for a homestead declaration is unlimited in Florida. The value of the property that can be protected is unlimited, so long as the property occupies no more than one-half acre within a municipality, or 160 acres outside of a municipality. If you sell or refinance the home, the proceeds of the sale or refinance may be protected. Sale proceeds are exempt from creditors’ claims for 180 days unless used to purchase a new homestead.
Who should sign?
Under Florida property law, a spouse has a “legal interest” in the property because of the marriage.
Therefore, both spouses should sign the homestead declaration for maximum protection.
When does the homestead declaration not provide protection from creditors?
There are specific instances in which the Florida law does not provide a homestead exemption. For example, if a creditor obtains a judgment against a homeowner before a homestead declaration is filed, the declaration may still protect the value, however, a person who performs repairs or other work on a home or who supplies materials for such work is allowed by law to place a lien against the home if payment is not received for services rendered or supplies provided. A financial institution holding a mortgage on the property also has a lien against the property for any unpaid balance on the house. A homestead declaration provides no protection for failure to pay the mortgage. A homestead declaration provides no protection in such cases.
When should I claim my Homestead Declaration?
Immediately upon purchasing a home in Florida
What is an Unsecured Debt?
Unsecured debts are debts which are not secured by collateral such as credit card debts, student loans, and medical bills. Most debts are unsecured. If an individual does not pay an unsecured debt, the court may permit the entity to which the debt is owed to attach certain real and personal property, such as your home, to recoup payment for the outstanding monies. If this happens, you must notify the court of your claim of homestead.
The Filing of a Declaration of Homestead Provides an Unlimited Amount of Protection to Residences
The filing of a Declaration of Homestead in the county in which the property is located is an inexpensive, easy and effective way for homeowners to increase the amount of protection on their homes. A Declaration of Homestead provides additional equity protection for homeowners by increasing the amount of unlimited protection per residence. The protection is not automatic and you must make the legal claim in order to be protected.
Florida Homestead Law Provides a Tax Assessment Reduction to a Primary Residence
Florida Law provides $50,000 of property tax reduction on the assessed value of a home. The tax assessment (or property tax exemption) reduction does not protect your home equity, nor does the tax exemption protect the value of a residence. It is simply a reduction in taxable value. Thus, it is suggested that homeowners file for additional homestead protection by filing a Declaration of Homestead.
Why does Florida allow this protection?
As a matter of public policy, the purpose of the homestead declaration is to promote the stability and welfare of the state by securing to the homeowner a home, so that the homeowner and his or her heirs may live beyond the reach of financial misfortune and the demands of creditors who have given credit under such law. Further, it is clear that the homestead provision is to be liberally construed in favor of maintaining the homestead property. As a matter of policy, our homestead protections have been interpreted broadly. In addition, the people further expanded homestead provision to substantially broaden the class of people eligible to take advantage of Florida’s homestead protections. While those protections had been previously limited to the "head of a family," they are now available to any "natural person" who may have legal or equitable title to a property. Finally, it is important to note that creditors are well aware of the homestead provision and its inherent protections. As the courts have stated, they will not narrowly interpret the homestead provision simply because "financially independent heirs" may receive a windfall. The homestead protection has never been based on principles of equity, but always has been extended to the homesteader and, after his or her death, to the heirs whether the homestead is a thirty room mansion or a one-room hut, and whether the heirs were rich or poor. Creditors have been on notice for many years that the plain language of the constitution protects homestead property from most creditors.
Reasons Why You Should File a Declaration of Homestead
1. The filing of a Declaration of Homestead is a quick, easy and inexpensive way to protect your property from creditors. Typically the Declaration can be quickly drafted and filed for a nominal fee and provides unlimited amounts of protection not automatically provided by law. We are happy to help take care of it for you.
2. The protections provided by the filing of a Declaration of Homestead generally extend to spouses and automatically transfer to surviving spouses and children who live in the home upon the passing of the signatory.
3. Declarations of Homestead do not need to be refiled should you refinance the property.
4. The protections provided by the filing of a Declaration of Homestead may extend to pre-existing debts, the proceeds of a sale, or a refinance.
5. Declarations of Homestead can protect multi-family homes and properties held in trust.
HOMESTEAD EXEMPTION
The homestead exemption offers virtually absolute protection from forced sale to meet the demands of creditors, except under special circumstances. The value of exempt equity for a homestead is unlimited in Florida. Take the steps to protect your home and its equity today by executing a homestead declaration!
For information on the Homestead Declaration Program, contact us below or call Florida Homestead Services today at (954) 252-9111 or if you would like more information, feel free to email us today at myhomestead@bellsouth.net if you have questions or would like to discuss how to take advantage of the home equity protection program.
Wednesday, July 20, 2016
Tuesday, April 16, 2013
Officials Urge Homeowner Participation in Homestead Filings
Officials Urge Homeowner Participation in Homestead Filings
Florida Homeowner News, March 1, 2013
FORT LAUDERDALE--(FLORIDA HOMEOWNER NEWS) – March 1, 2013 –
An official from Florida Homestead Services, LLC expressed concern today that a vast number of homeowners have not yet responded to the new, easier-to-file Designation of Homestead and Notice designed to protect their principal residences and home equity from unsecured creditors.
"We've attempted to get out the information about the existence of the protection from creditors under the Florida Homestead Act, as well as to make known the law that allows the filing of paperwork to protect a homeowner's equity from creditors along with the benefits of the property tax exemption, which only creates a property tax break for the homeowner," one official was quoted as saying. "The whole idea behind this change was to make it easier to file, and although there are conditions that should be noted, it is still an important breakthrough for us."
The conditions he was referring to involve the fact that even if a homeowner currently obtains or files for the homestead property tax exemption, there is still a misconception that the local county property tax exemption protects a homeowner from creditors.
This can be of vital importance to a homeowner who anticipates a possible problem with a creditor or has a sudden, unexpected liability thrust upon them and wishes to have that home and its equity protected immediately. Allowing for the natural sequence of events could mean the difference between a home being protected from creditors or the homeowner losing their home's equity.
One way to protect one's home would be to physically file the paperwork provided by the company, in addition to a form sent to any creditor in order to refinance or sell without paying any judgment liens, which would allow for the protection to take effect immediately instead of misunderstanding that the exemption takes effect on its own.
A problem shared by a large number of homeowners is the fact that in many instances, the time and hassle needed to accomplish this is very difficult. Often, it involves travelling many miles to the County Seat in addition to concerns that the forms must be filled out correctly in order for the protection to take legal effect.
One remedy strongly endorsed by the large number of homeowners who have used it is to take advantage of the services provided by Florida Homestead Services located on the web at www.floridahomesteadservices.com. They will be happy to take care of whatever the homeowner may need to accomplish this instant protection in a minimum amount of time with a minimum amount of hassle and no mistakes.
Florida Homestead Services offers a two-fold service among many other services geared toward homeowners. They will fill out the forms properly and present it to you ready to be filed for a nominal fee.
If you would also like to have Florida Homestead Services do the actual filing, the cost is included. Many homeowners have expressed their gratitude to Florida Homestead Services for offering this service.
###
Thursday, April 04, 2013
Can I rent my homestead property and keep the tax exemption intact?
Can I rent my homestead property and keep the tax exemption intact?
Generally, the answer is no, and yes. Section 196.061, Florida Statutes, says that rental of a dwelling claimed to be a homestead for tax purposes "shall constitute the abandonment of said dwelling as a homestead."
The new rental law (2012) discusses 'substantial portion' in regards to renting a homestead property. Previously the law required rental of the entire property. Now, a 'substantial portion' being rented may constitute abandonment. The issue now rests on the definition of 'substantial portion' since the Legislature failed to include the statutory definition in the new changes of the statute. Our opinion is that all 67 county property appraiser's will have differing opinions and will continue to extract every tax dollar out of the homeowner's regardless of the intent by the Legislators.
Examples: If the renting of a homestead property begins after January 1st of a year regardless of the time period of the rental and there is a continuous rental covering any time period of the next consecutive year, that is considered as an 'abandonment' of the homestead under the law as of the second year. You cannot rent for two consecutive years.
A seasonal rental (June-August) for two consecutive years (2012 and 2013) would disqualify the property for homestead exemption purposes. Likewise, a one-time rental from December of one year through February of the following year could also disqualify the property for homestead tax exemption as it would involve portions of two consecutive years.
The only individuals allowed under the current law to rent a homesteaded property while retaining the exemption are active duty military personnel.
If you have any questions, please visit us at http://www.floridahomesteadservices.com
Tuesday, June 02, 2009
Property Appraiser violates the common law
Image by Jeffrey Guterman via Flickr
Read more HERE...
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Sunday, July 29, 2007
Homeowner Loses Job To Medical Problems, Property Saved
Homeowner Loses Job Over Medical Problems, Property Saved.
FT. LAUDERDALE-- May 27, 2005--There is a law in Florida that allows those filing for a Tax Exemption of Homestead to also receive the protection of the Homestead asset, separate from the ad valorem tax “break. This supersedes the old law that made it necessary to file for each separately through different departments of the Florida government.
Although the new law does help, there are still certain vital facts that are not generally known, facts that could be very costly to homeowners, especially those with credit card debt. One of the difficulties lies in the fact that the protection of a Homestead does not go into effect automatically as most assume, and the tax “break” does not go into effect for at least 10 months after filing for the Property Ad Valorem Tax Exemption.
And, of course, the homeowner is not protected from creditors, liens, judgments, etc. during that 10-month period. Further, this period of vulnerability could extend to nearly two years if the homeowner wasn't eligible for the tax exemption for that first year. This could spell disaster for some homeowners who assume they are protected when they are not. The asset protection Florida Homestead Services offers is protection from most creditors' liens, including municipal liens, against one's principle residence.
Further, it precludes undue hardship on the homeowner and dependents that could come from liability in a bankruptcy, personal liability or negligence lawsuit. It can be invaluable in a divorce to establish possession and right to property. Other advantages would include helping to establish Joint Domicile for those in an Alternative Community (gay or lesbian). When selling a home, it provides protection from creditors who could otherwise seize proceeds from the sale. In short, it provides the peace of mind that comes from knowing the home is protected against anything untoward happening to the homeowner.
This also brings peace of mind with Estate Planning, by assuring the funds are safe from debt to those creditors waiting to pounce on unsuspecting homeowners. There are many stories of how peoples' lives were changed by Florida Homestead Services. Stories of those who were fortunate enough to have found them and gotten the documents filed in a timely manner.
There is James W. who finally realized his dream of owning a home after years of struggling. Shortly afterwards, James was stricken down by a heart attack. Although it was relatively mild, it kept him from returning to work. He and his wife, who also has medical problems, were unable to handle the legal issues and paperwork, but Florida Homestead Services helped them help themselves. They had previously procrastinated and knew it was a necessary thing to do to keep from losing their home. "I've lost my job and can't pay finances" he wrote to Florida Homestead Services at 954-252-9111. "I was really worried about my home I just bought" he said. "I was afraid of losing it to creditors until Florida Homestead Services helped me with the process".
FT. LAUDERDALE-- May 27, 2005--There is a law in Florida that allows those filing for a Tax Exemption of Homestead to also receive the protection of the Homestead asset, separate from the ad valorem tax “break. This supersedes the old law that made it necessary to file for each separately through different departments of the Florida government.
Although the new law does help, there are still certain vital facts that are not generally known, facts that could be very costly to homeowners, especially those with credit card debt. One of the difficulties lies in the fact that the protection of a Homestead does not go into effect automatically as most assume, and the tax “break” does not go into effect for at least 10 months after filing for the Property Ad Valorem Tax Exemption.
And, of course, the homeowner is not protected from creditors, liens, judgments, etc. during that 10-month period. Further, this period of vulnerability could extend to nearly two years if the homeowner wasn't eligible for the tax exemption for that first year. This could spell disaster for some homeowners who assume they are protected when they are not. The asset protection Florida Homestead Services offers is protection from most creditors' liens, including municipal liens, against one's principle residence.
Further, it precludes undue hardship on the homeowner and dependents that could come from liability in a bankruptcy, personal liability or negligence lawsuit. It can be invaluable in a divorce to establish possession and right to property. Other advantages would include helping to establish Joint Domicile for those in an Alternative Community (gay or lesbian). When selling a home, it provides protection from creditors who could otherwise seize proceeds from the sale. In short, it provides the peace of mind that comes from knowing the home is protected against anything untoward happening to the homeowner.
This also brings peace of mind with Estate Planning, by assuring the funds are safe from debt to those creditors waiting to pounce on unsuspecting homeowners. There are many stories of how peoples' lives were changed by Florida Homestead Services. Stories of those who were fortunate enough to have found them and gotten the documents filed in a timely manner.
There is James W. who finally realized his dream of owning a home after years of struggling. Shortly afterwards, James was stricken down by a heart attack. Although it was relatively mild, it kept him from returning to work. He and his wife, who also has medical problems, were unable to handle the legal issues and paperwork, but Florida Homestead Services helped them help themselves. They had previously procrastinated and knew it was a necessary thing to do to keep from losing their home. "I've lost my job and can't pay finances" he wrote to Florida Homestead Services at 954-252-9111. "I was really worried about my home I just bought" he said. "I was afraid of losing it to creditors until Florida Homestead Services helped me with the process".
Florida Homestead Exemption Protection
Florida Homeowner Protection Now Stronger Than Ever With Services From An Exclusive Full Service Provider
FOR IMMEDIATE RELEASE: Fort Lauderdale, FL - Foreclosure of privately owned properties is a silent national epidemic and it has become a brutal rape of the American dream of home ownership. No homeowner should be forced to lose his, or his family’s home along with a lifetime of equity, over an unpaid bill or any other valid debt, usually amounting to only a few dollars before the lawyers inflate it with their collection fees. This is where Florida Homestead Services, LLC steps in to protect Florida homeowners from forced sale of their home and property.
Debts can be collected in many other ways that do not violate the constitutional rights of America’s homeowners. Foreclosure is like using a bulldozer to bury an ant hill. Florida Homestead Services ironically puts it best when they said that “foreclosure was the nuclear weapon in a legal enforcement arsenal and it is definitely overkill.”
Florida Homestead Services, LLC, a full service company, has created several, state of the art, services for maximum asset protection to all Florida Homeowners. The company’s unique service shields and protects homeowners from liens or judgments placed and attached against a Florida residence. They also assist in the removal of most liens or judgments currently placed against a home that normally prohibits the sale or re-financing of a Florida homeowner’s property. Their invaluable services provide maximum protection of assets and equity interests of real property at minimal cost and effort.
Florida Homestead Services can provide strong legal protection of real property and income, and purposely provides the Florida homeowner with a shield from virtually all creditors. There is always the possibility of a financial disaster, especially in today’s litigious society which is growing at a record pace. Florida Homestead Services can help eliminate liens, void judgments and stop levy, wage garnishment and attachment. "Clients have counted on us for all their property protection service and legal income service needs for the past 10 years", states John Sims, Founder and President of Florida Homestead Services, LLC.
In 1994, after the start of writing his recently published book "How To Protect Your Home, Property and Income from Liens, Lawsuits and Claims", Mr. Sims realized the need for a professional service in Florida and because of the fast, efficient and reliable service of the staff of Florida Homestead Services, LLC, the firm expanded to provide its clients and Florida homeowners with an exclusive and unique service not available anywhere else in Florida which has been unavailable up until this time. To give an analogy, their services can be compared to what a spam or virus protection program is to a computer...maximum protection.
In addition, Florida Homestead Services also provides distribution services and agent licensing in order to provide a complete exclusive, proprietary, unique and proven service to homeowners either directly or indirectly through title companies, mortgage brokers, mortgage companies, and realtors.Florida Homestead Services offers additional services and their specialized knowledge can protect your interest, equity, home & real property from forced sale, protect your retirement, education funds, social security, personal property, income, salary and wages. Mr. Sims and his staff at Florida Homestead Services LLC look forward to serving the needs of all Florida homeowners and Florida real estate professionals as well.
The staff of Florida Homestead Services LLC can be contacted directly
by visiting the website at http://www.floridahomesteadservices.com/
FOR IMMEDIATE RELEASE: Fort Lauderdale, FL - Foreclosure of privately owned properties is a silent national epidemic and it has become a brutal rape of the American dream of home ownership. No homeowner should be forced to lose his, or his family’s home along with a lifetime of equity, over an unpaid bill or any other valid debt, usually amounting to only a few dollars before the lawyers inflate it with their collection fees. This is where Florida Homestead Services, LLC steps in to protect Florida homeowners from forced sale of their home and property.
Debts can be collected in many other ways that do not violate the constitutional rights of America’s homeowners. Foreclosure is like using a bulldozer to bury an ant hill. Florida Homestead Services ironically puts it best when they said that “foreclosure was the nuclear weapon in a legal enforcement arsenal and it is definitely overkill.”
Florida Homestead Services, LLC, a full service company, has created several, state of the art, services for maximum asset protection to all Florida Homeowners. The company’s unique service shields and protects homeowners from liens or judgments placed and attached against a Florida residence. They also assist in the removal of most liens or judgments currently placed against a home that normally prohibits the sale or re-financing of a Florida homeowner’s property. Their invaluable services provide maximum protection of assets and equity interests of real property at minimal cost and effort.
Florida Homestead Services can provide strong legal protection of real property and income, and purposely provides the Florida homeowner with a shield from virtually all creditors. There is always the possibility of a financial disaster, especially in today’s litigious society which is growing at a record pace. Florida Homestead Services can help eliminate liens, void judgments and stop levy, wage garnishment and attachment. "Clients have counted on us for all their property protection service and legal income service needs for the past 10 years", states John Sims, Founder and President of Florida Homestead Services, LLC.
In 1994, after the start of writing his recently published book "How To Protect Your Home, Property and Income from Liens, Lawsuits and Claims", Mr. Sims realized the need for a professional service in Florida and because of the fast, efficient and reliable service of the staff of Florida Homestead Services, LLC, the firm expanded to provide its clients and Florida homeowners with an exclusive and unique service not available anywhere else in Florida which has been unavailable up until this time. To give an analogy, their services can be compared to what a spam or virus protection program is to a computer...maximum protection.
In addition, Florida Homestead Services also provides distribution services and agent licensing in order to provide a complete exclusive, proprietary, unique and proven service to homeowners either directly or indirectly through title companies, mortgage brokers, mortgage companies, and realtors.Florida Homestead Services offers additional services and their specialized knowledge can protect your interest, equity, home & real property from forced sale, protect your retirement, education funds, social security, personal property, income, salary and wages. Mr. Sims and his staff at Florida Homestead Services LLC look forward to serving the needs of all Florida homeowners and Florida real estate professionals as well.
The staff of Florida Homestead Services LLC can be contacted directly
by visiting the website at http://www.floridahomesteadservices.com/
FLORIDA'S HOMESTEAD LAW
Florida’s ‘Homestead Exemption’ law provides unlimited monetary protection for Florida homeowners that most other states do not allow with the exception of Texas. When real property, which is a primary residence, is properly and legally claimed as a homestead, that property is virtually untouchable to most creditors.
Article X, section 4 of Florida’s Constitution spells out the law on Homestead Exemption and a home’s protection. The protection under the law prevents homeowner’s from having their homes forcefully sold, under the process of any court, to pay for debts if the property is claimed as a homestead. If an owner of homestead property becomes deceased, the homestead protection passes on to the spouse and children.
Simply owning a home in Florida is not enough to qualify for this awesome and unlimited homestead protection and the homestead protection is not automatic. As more than one court has stated, under Florida law, the exemption of a homestead from seizure and forced sale for debts and from having a judgment or execution being a lien thereon is a different thing from the exemption to the extent of $25,000 of a homestead from taxation, as defined for homestead exemption property tax purposes.
You must legally establish your residence as your domicile, or your main primary residence to protect it. To qualify a property as a homestead against forced sale to creditors, a sworn affidavit must be filed with the circuit court in the county in which you live and the claim must be legally sufficient in order to withstand scrutiny from all attackers.
There are three exceptions to the homestead protection law regarding a primary residence; failure to pay property taxes, secured creditors such as mortgagors due to the failure to make mortgage payments or putting the house up as security or for collateral, and a “construction” or “mechanic’s lien” for contractors who have performed work or improvements on the residence.
Homestead protection is not the same for property located inside or outside of a municipality. For property located outside of a municipality, the owner can be provided protection for up to 160 continuous acres of land. For property located inside of a municipality, the owner can only be allowed homestead protection for one-half acre of continuous land as long as the land is used as a primary residence for the owner, the owner’s family or anyone else with a beneficial or an equity interest that actually resides on the property.
Another law called “Homestead Exemption” allows current Florida residents to receive a $25,000.00 to $50,000.00 reduction on the assessed amount of their property value and reduced taxes if they qualify. This tax exemption reduces your yearly property taxes by a substantial amount. All residents should file their Homestead property tax exemption with the county property appraiser if they have not done so already. The deadline for filing the application is March 1st of each year.
To protect yourself and your family from judgments or debts, it is clearly in your best interest and it is incumbent upon you, to make sure that the proper paperwork is legally sufficient and properly drafted and filed. If your property is your main residence and you have not filed for homestead property protection, immediately contact us.
If you have any questions regarding Homestead protection or are interested in learning more, please feel free to contact me at the email address below or visit our website at www.floridahomesteadservices.com. Florida Homestead Services myhomestead@bellsouth.net
Article X, section 4 of Florida’s Constitution spells out the law on Homestead Exemption and a home’s protection. The protection under the law prevents homeowner’s from having their homes forcefully sold, under the process of any court, to pay for debts if the property is claimed as a homestead. If an owner of homestead property becomes deceased, the homestead protection passes on to the spouse and children.
Simply owning a home in Florida is not enough to qualify for this awesome and unlimited homestead protection and the homestead protection is not automatic. As more than one court has stated, under Florida law, the exemption of a homestead from seizure and forced sale for debts and from having a judgment or execution being a lien thereon is a different thing from the exemption to the extent of $25,000 of a homestead from taxation, as defined for homestead exemption property tax purposes.
You must legally establish your residence as your domicile, or your main primary residence to protect it. To qualify a property as a homestead against forced sale to creditors, a sworn affidavit must be filed with the circuit court in the county in which you live and the claim must be legally sufficient in order to withstand scrutiny from all attackers.
There are three exceptions to the homestead protection law regarding a primary residence; failure to pay property taxes, secured creditors such as mortgagors due to the failure to make mortgage payments or putting the house up as security or for collateral, and a “construction” or “mechanic’s lien” for contractors who have performed work or improvements on the residence.
Homestead protection is not the same for property located inside or outside of a municipality. For property located outside of a municipality, the owner can be provided protection for up to 160 continuous acres of land. For property located inside of a municipality, the owner can only be allowed homestead protection for one-half acre of continuous land as long as the land is used as a primary residence for the owner, the owner’s family or anyone else with a beneficial or an equity interest that actually resides on the property.
Another law called “Homestead Exemption” allows current Florida residents to receive a $25,000.00 to $50,000.00 reduction on the assessed amount of their property value and reduced taxes if they qualify. This tax exemption reduces your yearly property taxes by a substantial amount. All residents should file their Homestead property tax exemption with the county property appraiser if they have not done so already. The deadline for filing the application is March 1st of each year.
To protect yourself and your family from judgments or debts, it is clearly in your best interest and it is incumbent upon you, to make sure that the proper paperwork is legally sufficient and properly drafted and filed. If your property is your main residence and you have not filed for homestead property protection, immediately contact us.
If you have any questions regarding Homestead protection or are interested in learning more, please feel free to contact me at the email address below or visit our website at www.floridahomesteadservices.com. Florida Homestead Services myhomestead@bellsouth.net
Wednesday, November 15, 2006
New online forum on Homestead Exemption
See our new BBS forum on Homestead Exemption issues here:
http://www.homesteadpropertyexemption.info/
http://www.homesteadpropertyexemption.info/
Saturday, July 29, 2006
Homestead and Seperate Residences for Married Couples
Should a county property appraiser grant homestead tax exemptions to both applicants when a married woman and her husband own two separate residences and have applied for separate homestead exemptions?
The answer is yes. Such person(s) must have legal or equitable title to the real estate for which the exemption is filed; and maintain his or her own permanent residence, or the permanent residence of another who is legally or naturally dependent upon the applicant, on the property. The constitutional provision normally allows no more than one exemption to any individual or family unit or with respect to any residential unit. The burden is on the applicants to demonstrate that they have established separate family units. Florida courts have recognized that in order for there to be entitlement to a homestead tax exemption, there must be ownership of the home, residence therein, and the making of such residence as the permanent home in good faith.
A determination of whether a person is maintaining his or her permanent residence on certain property is, within the above statutory guidelines, a question of fact to be determined in the first instance by the property appraiser. The property appraiser is limited to a determination of whether separate residences have in law or in fact been established and a determination that the property is the permanent residence of the owner. See our website for the relevant factors in making those determinations. In sum, a county property appraiser may grant a homestead exemption to both applicants when a married woman and her husband own two separate residences if each taxpayer establishes the right thereto, that is, if each can establish ownership of the home, residence therein, and the making of such residence as the permanent home in good faith. The property appraiser must make this determination from an objective evaluation of the surrounding facts and circumstances.
Florida Homestead Services
http://www.floridahomesteadservices.com/
The answer is yes. Such person(s) must have legal or equitable title to the real estate for which the exemption is filed; and maintain his or her own permanent residence, or the permanent residence of another who is legally or naturally dependent upon the applicant, on the property. The constitutional provision normally allows no more than one exemption to any individual or family unit or with respect to any residential unit. The burden is on the applicants to demonstrate that they have established separate family units. Florida courts have recognized that in order for there to be entitlement to a homestead tax exemption, there must be ownership of the home, residence therein, and the making of such residence as the permanent home in good faith.
A determination of whether a person is maintaining his or her permanent residence on certain property is, within the above statutory guidelines, a question of fact to be determined in the first instance by the property appraiser. The property appraiser is limited to a determination of whether separate residences have in law or in fact been established and a determination that the property is the permanent residence of the owner. See our website for the relevant factors in making those determinations. In sum, a county property appraiser may grant a homestead exemption to both applicants when a married woman and her husband own two separate residences if each taxpayer establishes the right thereto, that is, if each can establish ownership of the home, residence therein, and the making of such residence as the permanent home in good faith. The property appraiser must make this determination from an objective evaluation of the surrounding facts and circumstances.
Florida Homestead Services
http://www.floridahomesteadservices.com/
Monday, April 03, 2006
FLORIDA'S HOMESTEAD LAW
Florida’s ‘Homestead Exemption’ law provides unlimited monetary protection for Florida homeowners that most other states do not allow with the exception of Texas. When real property, which is a primary residence, is properly and legally claimed as a homestead, that property is virtually untouchable to most creditors.
Article X, section 4 of Florida’s Constitution spells out the law on Homestead Exemption and a home’s protection. The protection under the law prevents homeowner’s from having their homes forcefully sold, under the process of any court, to pay for debts if the property is claimed as a homestead. If an owner of homestead property becomes deceased, the homestead protection passes on to the spouse and children.
Simply owning a home in Florida is not enough to qualify for this awesome and unlimited homestead protection and the homestead protection is not automatic.
As more than one court has stated, under Florida law, the exemption of a homestead from seizure and forced sale for debts and from having a judgment or execution being a lien thereon is a different thing from the exemption to the extent of $25,000 of a homestead from taxation, as defined for homestead exemption property tax purposes. You must legally establish your residence as your domicile, or your main primary residence to protect it. To qualify a property as a homestead against forced sale to creditors, a sworn affidavit must be filed with the circuit court in the county in which you live and the claim must be legally sufficient in order to withstand scrutiny from all attackers.
There are three exceptions to the homestead protection law regarding a primary residence; failure to pay property taxes, secured creditors such as mortgagors due to the failure to make mortgage payments or putting the house up as security or for collateral, and a “construction” or “mechanic’s lien” for contractors who have performed work or improvements on the residence.
Homestead protection is not the same for property located inside or outside of a municipality. For property located outside of a municipality, the owner can be provided protection for up to 160 continuous acres of land. For property located inside of a municipality, the owner can only be allowed homestead protection for one-half acre of continuous land as long as the land is used as a primary residence for the owner, the owner’s family or anyone else with a beneficial or an equity interest that actually resides on the property.
Another law called “Homestead Exemption” allows current Florida residents to receive a $25,000.00 reduction on the assessed amount of their property taxes if they qualify. This tax exemption reduces your yearly property taxes by a substantial amount. All residents should file their Homestead property tax exemption with the county property appraiser if they have not done so already. The deadline for filing the application is March 1st of each year.
To protect yourself and your family from judgments or debts, it is clearly in your best interest and it is incumbent upon you, to make sure that the proper paperwork is legally sufficient and properly drafted and filed. If your property is your main residence and you have not filed for homestead property protection, immediately contact us.
If you have any questions regarding Homestead protection or are interested in learning more, please feel free to contact me at the email address below or visit our website at www.floridahomesteadservices.com.
Florida Homestead Services
myhomestead@bellsouth.net
Article X, section 4 of Florida’s Constitution spells out the law on Homestead Exemption and a home’s protection. The protection under the law prevents homeowner’s from having their homes forcefully sold, under the process of any court, to pay for debts if the property is claimed as a homestead. If an owner of homestead property becomes deceased, the homestead protection passes on to the spouse and children.
Simply owning a home in Florida is not enough to qualify for this awesome and unlimited homestead protection and the homestead protection is not automatic.
As more than one court has stated, under Florida law, the exemption of a homestead from seizure and forced sale for debts and from having a judgment or execution being a lien thereon is a different thing from the exemption to the extent of $25,000 of a homestead from taxation, as defined for homestead exemption property tax purposes. You must legally establish your residence as your domicile, or your main primary residence to protect it. To qualify a property as a homestead against forced sale to creditors, a sworn affidavit must be filed with the circuit court in the county in which you live and the claim must be legally sufficient in order to withstand scrutiny from all attackers.
There are three exceptions to the homestead protection law regarding a primary residence; failure to pay property taxes, secured creditors such as mortgagors due to the failure to make mortgage payments or putting the house up as security or for collateral, and a “construction” or “mechanic’s lien” for contractors who have performed work or improvements on the residence.
Homestead protection is not the same for property located inside or outside of a municipality. For property located outside of a municipality, the owner can be provided protection for up to 160 continuous acres of land. For property located inside of a municipality, the owner can only be allowed homestead protection for one-half acre of continuous land as long as the land is used as a primary residence for the owner, the owner’s family or anyone else with a beneficial or an equity interest that actually resides on the property.
Another law called “Homestead Exemption” allows current Florida residents to receive a $25,000.00 reduction on the assessed amount of their property taxes if they qualify. This tax exemption reduces your yearly property taxes by a substantial amount. All residents should file their Homestead property tax exemption with the county property appraiser if they have not done so already. The deadline for filing the application is March 1st of each year.
To protect yourself and your family from judgments or debts, it is clearly in your best interest and it is incumbent upon you, to make sure that the proper paperwork is legally sufficient and properly drafted and filed. If your property is your main residence and you have not filed for homestead property protection, immediately contact us.
If you have any questions regarding Homestead protection or are interested in learning more, please feel free to contact me at the email address below or visit our website at www.floridahomesteadservices.com.
Florida Homestead Services
myhomestead@bellsouth.net
Wednesday, September 21, 2005
Homestead Exemption Denial May Be Illegal
A team of investigators working with Broward Property Appraiser Lori Parrish claims that they have uncovered property owners who claimed homestead exemptions to reduce taxes on vacation homes and rental property, not their primary residence. The investigation allegedly relied a great deal on tips from neighbors but has begun moving into a new phase in which investigators are checking tax records against utility bills to rat out those who have homestead exemptions on real properties where the appraiser claims that the homeowner's don't currently live, although they claim to live there. Our response to this abuse of the law and the total disregard of the common law is as follows:
Just to clarify the law a bit, we thought we would let you know the facts regarding what constitutes a homestead, as we feel that the property appraiser is wasting tax dollars and unnecessarily burdening the taxpayers due to her ignorance of the law and total disregard for the cases on record. One's Homestead is a rather simple equation in the end; use of the residence plus intent to remain. The notion of "home" is an elusive and elastic concept that remains a powerful component of virtually every culture. Emily Dickenson wrote, "Where thou art, that is Home." Robert Frost observed that "Home is the place where, when you have to go there, they have to take you in." Johann Wolfgang von Goethe claimed, "He is the happiest, be he king or peasant, who finds peace in his home." And Christian Morgenstern offered, "Home is not where you live, but where they understand you."
The notion that the home is not only one's castle but that one's castle should be protected from one's creditors is very much a part of the American legal landscape, and that is never more evident than in the very generous homestead exemption found in the Florida Constitution. The constitutional provision exempting a homestead does not designate how title to the property is to be held and it does not limit the estate that must be owned; therefore, an individual claiming a homestead exemption need not hold fee simple title to the property. Once a property acquires the status of a homestead, that characteristic continues to attach to it unless the homestead is alienated in the manner provided by law. Alienation (the legal definition) means complete written declaration of abandonment or purchase of a new homestead, or renting out of the entire parcel of homestead property on a permanent basis. A homestead will lose its status by abandonment only when the owner voluntarily abandons the homestead with no intent to return. Briefly renting a home while traveling back and forth to another state or country does not abandon the homestead status. Absence for financial, health, job, travel, family or any other reason is not abandonment.
In order to qualify his or her property with homestead status, the person seeking the homestead exemption simply must have an actual intent to live permanently on the property, as well as the actual use and occupancy of the property. A citizen's right to homestead protection under the Florida Constitution is considered a paramount rule of public policy that would justify departure from an otherwise applicable rule of comity. For the purposes of the homestead exemption, it is enough if the one claiming the homestead exemption has any beneficial interest in the property; it is not necessary that he hold any legal title to the property. Mere possession without any title whatever is sufficient to support the claim of homestead, where such possession is lawful. Any equitable or beneficial interest in land also gives the claimant the right to exempt it as his homestead. Thus, under Florida law, a homestead exemption can only be claimed for one parcel of property, that property must be owned by the person claiming the exemption, and it must be the primary residence of the owner or his family. What constitutes homestead property is a question of fact. Both the physical characteristics of an asset, as well as its use, should be considered in determining whether the asset is exempt under the homestead laws.
In order that the claim of homestead be sustained, the disputed premises must be occupied as a homestead by the claimant as his actual residence. The fact that a certain homeowner had never filed a tax return in the United States was not sufficient to demonstrate that the debtor did not live in the home in question for purposes of the homestead exemption. A taxpayer must reside on the property on January 1 of the relevant tax year in order to satisfy the requirements of Article VII, section 6, Florida Constitution, and section 196.031, Florida Statutes, which authorize the tax exemption for qualified homestead property. However, Florida courts have held that the physical presence of the owner is not a requirement of either the Florida Constitution or the statute. The overriding test is whether or not it is the "family home" in actuality, and has the element of permanency. Ultimately, all that is required to establish a homestead under Florida law is that property owner reside on property and, in good faith, make property his permanent home.
In order to be entitled to the homestead exemption, continuous, uninterrupted residence is not required. Although daily residence is not essential, a homestead right does not extend to property that the claimant has not occupied as a dwelling place or home. It frequently happens that a homesteader may own two separate pieces of property within the state, both of which he may occupy at intervals. It is a general principle, however, that there must be an intention to reside on the property as a permanent place of residence before a claim of homestead rights therein may be sustained. And it seems clear that the claimant cannot have two permanent residences at the same time, the designation of one property as the home being a question of fact. If it is shown that the owner has ceased to occupy the disputed premises and has established his residence elsewhere, he may not successfully claim a homestead right therein.
In the recent bankruptcy case of 'In re Prestwood' (US Bankruptcy Court, Case No. 02-23764-BKC-PGH-7, So. Dist. Of Florida), the trustee's position in this case sought to recover certain alleged fraudulent transfers and also objected to the debtor's claimed homestead exemption. The debtor listed an interest in a condominium located in Pompano Beach, Florida, which he claimed as his homestead. The first count of the complaint contended that the debtor was not entitled to claim a Florida homestead because he never intended to live in Florida but simply kept a "vacation property" here. It was the debtor's contention that he lived in Florida but routinely traveled back to California for his work. The confusion related to the residential property the debtor and his wife owned in Huntington Beach, California. However, for purposes of the homestead issue, the inquiry is rather simple: did the debtor in fact move to Florida with the intent to reside there indefinitely?
The trustee, however, pointed out that prior to the bankruptcy filing, the debtor did not have a Florida bank account or own a car registered in Florida. The debtor failed to claim Florida's homestead ad valorem property tax exemption, which only allows for a reduction in the payment of real estate taxes for Florida residents. The debtor's bankruptcy petition showed a California mailing address. The debtor's tax returns listed the California home as his residence. On credit applications and personal guaranties given to vendors doing business with a corporation, the debtor listed the California property as his residence. The trustee also supplied the Court with bank records showing the use of his wife's debit card; most of the charges which were incurred in California, not Florida. Perhaps the most significant objection the trustee raised to the court was regarding the debtor's purported Florida homestead is the fact that the debtor continued to work for various California companies.
What this array of conflicting testimony means is that there is no "smoking gun," no concrete, conclusive evidence of the debtor's actual domicile or homestead. Such things as one's mailing address become a transitory concept, based more on ease of access wherever one might be at the moment, rather than on the idea that one's mail should be sent to where you "live." It is, one might suggest, simply the modern equivalent of the old saying, "Home is where I hang my hat."
None of this, however, should imply that such a debtor is to be denied the opportunity to claim a homestead to the extent one is appropriate. Indeed, one of Florida's strongest exemptions is that which protects homestead property. As more than one court has indicated, the Florida Constitution grants debtors "a liberal exemption" for homestead property. In Florida, a homestead is established when there is "actual intent to live permanently in a place, coupled with actual use and occupancy." Ultimately, all that is required is that the property owner reside on the property and in good faith make the same his permanent home. Exceptions to the homestead exemption must, by law, be strictly construed in favor of claimants and against creditors or legal challengers.
However, on the issue of this debtor's homestead, the Court had to eventually conclude that the debtor had provided sufficient evidence of his residence in the Pompano Beach condominium and his "actual intent" to live there permanently prior to the filing of this bankruptcy case. His declaration of homestead affidavit and claim was sufficient. One’s homestead or domicile is a rather simple equation in the end: residence plus intent to remain, along with the homestead declaration claim.
Exceptions to the homestead exemption are to be "strictly construed" in favor of any claimant, and the courts can only conclude it that a debtor resides on the property and "in good faith" intends it to be his permanent home should a claim be filed. Being a Florida resident, having your bills and mail sent to the same address, and having a driver's license showing the same address, is not required, although the statute gives the property appraiser the right to use those items as part of the issue regarding the facts of each case. The statement in the article linked below; "the only place to dispute a lien is in a courtroom..." does not ring true.
Is your homestead exemption legal?
Florida statutes are vague when it comes to describing who qualifies for homestead tax exemption status and Save Our Homes tax breaks. To learn more, one must turn to the judicial system and the court opinions on the matter. To qualify for the tax exemption, a person must intend for their Florida home to be their permanent residence on Jan. 1 of the tax year. There are clear opinions, however, for how much of the year that person must actually live in the home.Beyond the residency requirement, what is considered illegal homesteading changes from one county to the next depending on how local officials interpret state law. the problem is, they don't know the court rulings and case law on the matter.
Questionable practices per the property appraiser include:* Renting out a home you own;* Applying for homestead status on more than one property;* Putting one homesteaded property in a husband's name and a second in a wife's. [Note: Not necessarily a violation, in fact it is allowed]* A person loses their protected status if they sell their home, give it away or will it to relatives who aren't already listed as owners.You are breaking the law if you claim a homestead illegally, but chances are you won't be prosecuted. Instead, counties typically place a lien on the property to collect the unpaid taxes, fees and interest. In addition to forcing repayment of any money saved, state law allows for a 50 percent tax penalty and 15 percent annual interest on the illegal savings. Someone who saved an average of $2,000 a year for five years could be hit with a $16,500 bill.
Intention to establish a permanent residence is a factual determination to be made, in the first instance, by the property appraiser as allowed by statute. The following are relevant factors that may be considered by the property appraiser in making a determination as to the intent of a person claiming a homestead exemption to establish a permanent residence in the state:
(1) formal declarations of applicant; [Note: this is one reason that it is so important to make your homestead declaration claim]
(2) informal statements of applicant;
(3) the place of employment of the applicant;
(4) the previous permanent residency of the applicant in a state other than Florida, or in another country and the date the non-Florida residency was terminated;
(5) the place where the applicant is registered to vote; [Registration for voting is not a prerequisite to obtaining a homestead exemption. [1953-54 Op.Atty.Gen. 69]
(6) the place of issuance of a driver's license to the applicant;
(7) the place of issuance of a license tag on any motor vehicle owned by the applicant;
(8) the address as listed on federal income tax returns filed by the applicant; and
(9) the previous filing of Florida intangible tax returns by the applicant.
Observations and Case Law: Any one factor is not conclusive of the establishment or nonestablishment of permanent residence. [FS § 196.015] Registration for voting is not, however, a prerequisite to obtaining a homestead exemption. [1953-54 Atty Gen Op 69] An applicant for Florida's homestead tax exemption is not required to be a citizen nor to have purchased Florida license plates for his or her motor vehicles nor to have registered to vote in the county in which the homestead property is located in order to qualify for the homestead tax exemption. Such facts may be looked to by the assessor in making his or her determination of whether the applicant has established his or her "permanent residence" on its property, but the presence or absence of such facts is not conclusive of the establishment or non-establishment of permanent residence. [Op.Atty.Gen., 074- 115, April 10, 1974] A homestead exemption may be claimed by a nonresident of the state who owns property in the state and maintains thereon the permanent residence of another who is legally or naturally dependent on him. [Op.Atty.Gen., 082-27, April 20, 1982] A property owner who was in good faith making the property his home was entitled to homestead exemption under Constitution, notwithstanding that he was not a United States citizen. [Smith v. Voight, 158 Fla. 366, 28 So.2d 426 (1946)] An Alien in this state with a permanent visa, with no intention to apply for citizenship, is entitled to homestead exemption pursuant to this section. [Op.Atty.Gen., 071-242, Aug. 17, 1971] Actual physical presence on property on January 1 is not necessary in order to claim homestead tax exemption. [Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959)] Homestead character of a piece of property is not created by, nor is it dependent upon, any general or specific mental intent on part of owner to create or maintain a certain piece of property as his homestead, but arises and attaches from existence of certain facts in combination in place and time; neither is existence of the homestead in any manner dependent on claiming or failing to claim entitlement to an exemption from and valorem taxes that legislature has by this section conferred on persons who in good faith permanently reside on real property in which they have a certain ownership interest. [In re Newman's Estate, App. 5 Dist., 413 So.2d 140 (1982)] Under Florida law, resident is entitled to homestead exemption unless it is shown that both the owner and owner's family abandoned the property. [In re Kalynych, Bkrtcy.M.D.Fla.2002, 284 B.R. 149] Once property has acquired status of homestead, such status continues until abandonment has occurred. [Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959)] Although the rule seems to be that an absence from one's homestead for an extended length of time is not of itself an abandonment of the homestead, such an absence may raise a presumption sufficient to cast the burden on the person claiming the homestead exemption to satisfy the tax assessor that there has in fact been no abandonment; such an absence may be taken, together with other evidence tending to show an abandonment, to show an abandonment and no actual intention to return to the property and further maintain it as a homestead. [1958 Op.Atty.Gen. 058-329, 058-229 (Revised), Dec. 10, 1958] Mere absence for a long period of time is not of itself sufficient to establish abandonment of homestead and deprive it of its character and tax exemption, where claimant never acquires another homestead, and there is no showing that he did not intend to return. [1958 Op.Atty.Gen. 058-229, July 22, 1958] Rule, that temporary absence will not deprive homestead claimant of his right unless it appears that there was a design of permanent abandonment, applies to homestead tax exemption privilege. [Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959)] Mere absence from one's homestead for health, pleasure or business reasons is not of itself an abandonment, but may be considered, in connection with all other available evidence, in determining whether there has been or has not been an abandonment of the homestead. [1958 Op.Atty.Gen. 058-329, 058-229 (Revised), Dec. 10, 1958] Temporary absence will not deprive homestead of its character and tax exemption. [1958 Op.Atty.Gen. 058-229, July 22, 1958] There must be an intention, either express or implied from facts, to abandon premises as a homestead before owner should be denied homestead exemption from taxation, and a temporary renting of the homestead is not an abandonment thereof, if there is no intention to abandon the premises as a homestead, and no other homestead has been acquired. [1958 Op.Atty.Gen. 058-229, July 22, 1958]
If, upon investigation, the property appraiser finds that the applicant is entitled to the tax exemption applied for under the law, he or she shall make such entries upon the tax rolls of the county as are necessary to allow the exemption to the applicant. If, after due consideration, the property appraiser finds that the applicant is not entitled under the law to the exemption asked for, he or she shall immediately make out a notice of such disapproval, giving his or her reasons therefor, a copy of which notice must be served upon the applicant by the property appraiser either by personal delivery or by registered mail to the post office address given by the applicant. The applicant may appeal to the value adjustment board the decision of the property appraiser refusing to allow the exemption for which application was made, and the board shall review the application and evidence presented to the property appraiser upon which the applicant based the claim for exemption and shall hear the applicant in person or by agent on behalf of his or her right to such exemption. The value adjustment board shall reverse the decision of the property appraiser in the cause and grant exemption to the applicant if in its judgment the applicant is entitled thereto or shall affirm the decision of the property appraiser. [Fla. Stat. 196.151, et. seq.] Opportunity of homeowner to be heard in quasi-judicial proceeding before the Board of Tax Adjustment before denial of his homestead tax exemption met requirements of due process. [Horne v. Markham, 288 So.2d 196 (1973)] The nature and extent of any investigation by the property appraiser concerning the validity of execution and filing of a homestead exemption application or short form renewal card by an agent operating under specific power of attorney are matters that must be administratively determined by the property appraiser pursuant to his express statutory duties to examine and investigate such homestead exemption application form to determine if it complies with Florida Law. [Op.Atty.Gen., 082-99, Dec. 1, 1982] Since no homestead application could be denied except by final action of the Board of Tax Adjustment, decision of tax assessor disapproving late application was a tentative administrative decision which did not require prior notice or hearing. [Horne v. Markham, 288 So.2d 196 (1973)] Where an application for homestead tax exemption was found to be false and the claimant not entitled thereto, after the same had been allowed, the exemption could be withdrawn and denied by the taxing officials, but the taxpayer should have had an opportunity to be heard upon the question of his claim before the tax assessor and the board of county commissioners in full compliance with antecedent to this section. [1961 Op.Atty.Gen., 061-1, Jan. 1, 1961]
We advise all homeowners who have been noticed with denial of homestead tax exemption and subsequent threats of back taxes and liens to immediately contest the lien. We can help. If you would like more free legal information regarding this issue then please contact us. We will send you the information you need to challenge any denial of the tax exemption and win. In the mean time, heed the warnings above and claim your homestead by declaration!
Just to clarify the law a bit, we thought we would let you know the facts regarding what constitutes a homestead, as we feel that the property appraiser is wasting tax dollars and unnecessarily burdening the taxpayers due to her ignorance of the law and total disregard for the cases on record. One's Homestead is a rather simple equation in the end; use of the residence plus intent to remain. The notion of "home" is an elusive and elastic concept that remains a powerful component of virtually every culture. Emily Dickenson wrote, "Where thou art, that is Home." Robert Frost observed that "Home is the place where, when you have to go there, they have to take you in." Johann Wolfgang von Goethe claimed, "He is the happiest, be he king or peasant, who finds peace in his home." And Christian Morgenstern offered, "Home is not where you live, but where they understand you."
The notion that the home is not only one's castle but that one's castle should be protected from one's creditors is very much a part of the American legal landscape, and that is never more evident than in the very generous homestead exemption found in the Florida Constitution. The constitutional provision exempting a homestead does not designate how title to the property is to be held and it does not limit the estate that must be owned; therefore, an individual claiming a homestead exemption need not hold fee simple title to the property. Once a property acquires the status of a homestead, that characteristic continues to attach to it unless the homestead is alienated in the manner provided by law. Alienation (the legal definition) means complete written declaration of abandonment or purchase of a new homestead, or renting out of the entire parcel of homestead property on a permanent basis. A homestead will lose its status by abandonment only when the owner voluntarily abandons the homestead with no intent to return. Briefly renting a home while traveling back and forth to another state or country does not abandon the homestead status. Absence for financial, health, job, travel, family or any other reason is not abandonment.
In order to qualify his or her property with homestead status, the person seeking the homestead exemption simply must have an actual intent to live permanently on the property, as well as the actual use and occupancy of the property. A citizen's right to homestead protection under the Florida Constitution is considered a paramount rule of public policy that would justify departure from an otherwise applicable rule of comity. For the purposes of the homestead exemption, it is enough if the one claiming the homestead exemption has any beneficial interest in the property; it is not necessary that he hold any legal title to the property. Mere possession without any title whatever is sufficient to support the claim of homestead, where such possession is lawful. Any equitable or beneficial interest in land also gives the claimant the right to exempt it as his homestead. Thus, under Florida law, a homestead exemption can only be claimed for one parcel of property, that property must be owned by the person claiming the exemption, and it must be the primary residence of the owner or his family. What constitutes homestead property is a question of fact. Both the physical characteristics of an asset, as well as its use, should be considered in determining whether the asset is exempt under the homestead laws.
In order that the claim of homestead be sustained, the disputed premises must be occupied as a homestead by the claimant as his actual residence. The fact that a certain homeowner had never filed a tax return in the United States was not sufficient to demonstrate that the debtor did not live in the home in question for purposes of the homestead exemption. A taxpayer must reside on the property on January 1 of the relevant tax year in order to satisfy the requirements of Article VII, section 6, Florida Constitution, and section 196.031, Florida Statutes, which authorize the tax exemption for qualified homestead property. However, Florida courts have held that the physical presence of the owner is not a requirement of either the Florida Constitution or the statute. The overriding test is whether or not it is the "family home" in actuality, and has the element of permanency. Ultimately, all that is required to establish a homestead under Florida law is that property owner reside on property and, in good faith, make property his permanent home.
In order to be entitled to the homestead exemption, continuous, uninterrupted residence is not required. Although daily residence is not essential, a homestead right does not extend to property that the claimant has not occupied as a dwelling place or home. It frequently happens that a homesteader may own two separate pieces of property within the state, both of which he may occupy at intervals. It is a general principle, however, that there must be an intention to reside on the property as a permanent place of residence before a claim of homestead rights therein may be sustained. And it seems clear that the claimant cannot have two permanent residences at the same time, the designation of one property as the home being a question of fact. If it is shown that the owner has ceased to occupy the disputed premises and has established his residence elsewhere, he may not successfully claim a homestead right therein.
In the recent bankruptcy case of 'In re Prestwood' (US Bankruptcy Court, Case No. 02-23764-BKC-PGH-7, So. Dist. Of Florida), the trustee's position in this case sought to recover certain alleged fraudulent transfers and also objected to the debtor's claimed homestead exemption. The debtor listed an interest in a condominium located in Pompano Beach, Florida, which he claimed as his homestead. The first count of the complaint contended that the debtor was not entitled to claim a Florida homestead because he never intended to live in Florida but simply kept a "vacation property" here. It was the debtor's contention that he lived in Florida but routinely traveled back to California for his work. The confusion related to the residential property the debtor and his wife owned in Huntington Beach, California. However, for purposes of the homestead issue, the inquiry is rather simple: did the debtor in fact move to Florida with the intent to reside there indefinitely?
The trustee, however, pointed out that prior to the bankruptcy filing, the debtor did not have a Florida bank account or own a car registered in Florida. The debtor failed to claim Florida's homestead ad valorem property tax exemption, which only allows for a reduction in the payment of real estate taxes for Florida residents. The debtor's bankruptcy petition showed a California mailing address. The debtor's tax returns listed the California home as his residence. On credit applications and personal guaranties given to vendors doing business with a corporation, the debtor listed the California property as his residence. The trustee also supplied the Court with bank records showing the use of his wife's debit card; most of the charges which were incurred in California, not Florida. Perhaps the most significant objection the trustee raised to the court was regarding the debtor's purported Florida homestead is the fact that the debtor continued to work for various California companies.
What this array of conflicting testimony means is that there is no "smoking gun," no concrete, conclusive evidence of the debtor's actual domicile or homestead. Such things as one's mailing address become a transitory concept, based more on ease of access wherever one might be at the moment, rather than on the idea that one's mail should be sent to where you "live." It is, one might suggest, simply the modern equivalent of the old saying, "Home is where I hang my hat."
None of this, however, should imply that such a debtor is to be denied the opportunity to claim a homestead to the extent one is appropriate. Indeed, one of Florida's strongest exemptions is that which protects homestead property. As more than one court has indicated, the Florida Constitution grants debtors "a liberal exemption" for homestead property. In Florida, a homestead is established when there is "actual intent to live permanently in a place, coupled with actual use and occupancy." Ultimately, all that is required is that the property owner reside on the property and in good faith make the same his permanent home. Exceptions to the homestead exemption must, by law, be strictly construed in favor of claimants and against creditors or legal challengers.
However, on the issue of this debtor's homestead, the Court had to eventually conclude that the debtor had provided sufficient evidence of his residence in the Pompano Beach condominium and his "actual intent" to live there permanently prior to the filing of this bankruptcy case. His declaration of homestead affidavit and claim was sufficient. One’s homestead or domicile is a rather simple equation in the end: residence plus intent to remain, along with the homestead declaration claim.
Exceptions to the homestead exemption are to be "strictly construed" in favor of any claimant, and the courts can only conclude it that a debtor resides on the property and "in good faith" intends it to be his permanent home should a claim be filed. Being a Florida resident, having your bills and mail sent to the same address, and having a driver's license showing the same address, is not required, although the statute gives the property appraiser the right to use those items as part of the issue regarding the facts of each case. The statement in the article linked below; "the only place to dispute a lien is in a courtroom..." does not ring true.
Is your homestead exemption legal?
Florida statutes are vague when it comes to describing who qualifies for homestead tax exemption status and Save Our Homes tax breaks. To learn more, one must turn to the judicial system and the court opinions on the matter. To qualify for the tax exemption, a person must intend for their Florida home to be their permanent residence on Jan. 1 of the tax year. There are clear opinions, however, for how much of the year that person must actually live in the home.Beyond the residency requirement, what is considered illegal homesteading changes from one county to the next depending on how local officials interpret state law. the problem is, they don't know the court rulings and case law on the matter.
Questionable practices per the property appraiser include:* Renting out a home you own;* Applying for homestead status on more than one property;* Putting one homesteaded property in a husband's name and a second in a wife's. [Note: Not necessarily a violation, in fact it is allowed]* A person loses their protected status if they sell their home, give it away or will it to relatives who aren't already listed as owners.You are breaking the law if you claim a homestead illegally, but chances are you won't be prosecuted. Instead, counties typically place a lien on the property to collect the unpaid taxes, fees and interest. In addition to forcing repayment of any money saved, state law allows for a 50 percent tax penalty and 15 percent annual interest on the illegal savings. Someone who saved an average of $2,000 a year for five years could be hit with a $16,500 bill.
Intention to establish a permanent residence is a factual determination to be made, in the first instance, by the property appraiser as allowed by statute. The following are relevant factors that may be considered by the property appraiser in making a determination as to the intent of a person claiming a homestead exemption to establish a permanent residence in the state:
(1) formal declarations of applicant; [Note: this is one reason that it is so important to make your homestead declaration claim]
(2) informal statements of applicant;
(3) the place of employment of the applicant;
(4) the previous permanent residency of the applicant in a state other than Florida, or in another country and the date the non-Florida residency was terminated;
(5) the place where the applicant is registered to vote; [Registration for voting is not a prerequisite to obtaining a homestead exemption. [1953-54 Op.Atty.Gen. 69]
(6) the place of issuance of a driver's license to the applicant;
(7) the place of issuance of a license tag on any motor vehicle owned by the applicant;
(8) the address as listed on federal income tax returns filed by the applicant; and
(9) the previous filing of Florida intangible tax returns by the applicant.
Observations and Case Law: Any one factor is not conclusive of the establishment or nonestablishment of permanent residence. [FS § 196.015] Registration for voting is not, however, a prerequisite to obtaining a homestead exemption. [1953-54 Atty Gen Op 69] An applicant for Florida's homestead tax exemption is not required to be a citizen nor to have purchased Florida license plates for his or her motor vehicles nor to have registered to vote in the county in which the homestead property is located in order to qualify for the homestead tax exemption. Such facts may be looked to by the assessor in making his or her determination of whether the applicant has established his or her "permanent residence" on its property, but the presence or absence of such facts is not conclusive of the establishment or non-establishment of permanent residence. [Op.Atty.Gen., 074- 115, April 10, 1974] A homestead exemption may be claimed by a nonresident of the state who owns property in the state and maintains thereon the permanent residence of another who is legally or naturally dependent on him. [Op.Atty.Gen., 082-27, April 20, 1982] A property owner who was in good faith making the property his home was entitled to homestead exemption under Constitution, notwithstanding that he was not a United States citizen. [Smith v. Voight, 158 Fla. 366, 28 So.2d 426 (1946)] An Alien in this state with a permanent visa, with no intention to apply for citizenship, is entitled to homestead exemption pursuant to this section. [Op.Atty.Gen., 071-242, Aug. 17, 1971] Actual physical presence on property on January 1 is not necessary in order to claim homestead tax exemption. [Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959)] Homestead character of a piece of property is not created by, nor is it dependent upon, any general or specific mental intent on part of owner to create or maintain a certain piece of property as his homestead, but arises and attaches from existence of certain facts in combination in place and time; neither is existence of the homestead in any manner dependent on claiming or failing to claim entitlement to an exemption from and valorem taxes that legislature has by this section conferred on persons who in good faith permanently reside on real property in which they have a certain ownership interest. [In re Newman's Estate, App. 5 Dist., 413 So.2d 140 (1982)] Under Florida law, resident is entitled to homestead exemption unless it is shown that both the owner and owner's family abandoned the property. [In re Kalynych, Bkrtcy.M.D.Fla.2002, 284 B.R. 149] Once property has acquired status of homestead, such status continues until abandonment has occurred. [Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959)] Although the rule seems to be that an absence from one's homestead for an extended length of time is not of itself an abandonment of the homestead, such an absence may raise a presumption sufficient to cast the burden on the person claiming the homestead exemption to satisfy the tax assessor that there has in fact been no abandonment; such an absence may be taken, together with other evidence tending to show an abandonment, to show an abandonment and no actual intention to return to the property and further maintain it as a homestead. [1958 Op.Atty.Gen. 058-329, 058-229 (Revised), Dec. 10, 1958] Mere absence for a long period of time is not of itself sufficient to establish abandonment of homestead and deprive it of its character and tax exemption, where claimant never acquires another homestead, and there is no showing that he did not intend to return. [1958 Op.Atty.Gen. 058-229, July 22, 1958] Rule, that temporary absence will not deprive homestead claimant of his right unless it appears that there was a design of permanent abandonment, applies to homestead tax exemption privilege. [Poppell v. Padrick, App. 2 Dist., 117 So.2d 435 (1959)] Mere absence from one's homestead for health, pleasure or business reasons is not of itself an abandonment, but may be considered, in connection with all other available evidence, in determining whether there has been or has not been an abandonment of the homestead. [1958 Op.Atty.Gen. 058-329, 058-229 (Revised), Dec. 10, 1958] Temporary absence will not deprive homestead of its character and tax exemption. [1958 Op.Atty.Gen. 058-229, July 22, 1958] There must be an intention, either express or implied from facts, to abandon premises as a homestead before owner should be denied homestead exemption from taxation, and a temporary renting of the homestead is not an abandonment thereof, if there is no intention to abandon the premises as a homestead, and no other homestead has been acquired. [1958 Op.Atty.Gen. 058-229, July 22, 1958]
If, upon investigation, the property appraiser finds that the applicant is entitled to the tax exemption applied for under the law, he or she shall make such entries upon the tax rolls of the county as are necessary to allow the exemption to the applicant. If, after due consideration, the property appraiser finds that the applicant is not entitled under the law to the exemption asked for, he or she shall immediately make out a notice of such disapproval, giving his or her reasons therefor, a copy of which notice must be served upon the applicant by the property appraiser either by personal delivery or by registered mail to the post office address given by the applicant. The applicant may appeal to the value adjustment board the decision of the property appraiser refusing to allow the exemption for which application was made, and the board shall review the application and evidence presented to the property appraiser upon which the applicant based the claim for exemption and shall hear the applicant in person or by agent on behalf of his or her right to such exemption. The value adjustment board shall reverse the decision of the property appraiser in the cause and grant exemption to the applicant if in its judgment the applicant is entitled thereto or shall affirm the decision of the property appraiser. [Fla. Stat. 196.151, et. seq.] Opportunity of homeowner to be heard in quasi-judicial proceeding before the Board of Tax Adjustment before denial of his homestead tax exemption met requirements of due process. [Horne v. Markham, 288 So.2d 196 (1973)] The nature and extent of any investigation by the property appraiser concerning the validity of execution and filing of a homestead exemption application or short form renewal card by an agent operating under specific power of attorney are matters that must be administratively determined by the property appraiser pursuant to his express statutory duties to examine and investigate such homestead exemption application form to determine if it complies with Florida Law. [Op.Atty.Gen., 082-99, Dec. 1, 1982] Since no homestead application could be denied except by final action of the Board of Tax Adjustment, decision of tax assessor disapproving late application was a tentative administrative decision which did not require prior notice or hearing. [Horne v. Markham, 288 So.2d 196 (1973)] Where an application for homestead tax exemption was found to be false and the claimant not entitled thereto, after the same had been allowed, the exemption could be withdrawn and denied by the taxing officials, but the taxpayer should have had an opportunity to be heard upon the question of his claim before the tax assessor and the board of county commissioners in full compliance with antecedent to this section. [1961 Op.Atty.Gen., 061-1, Jan. 1, 1961]
We advise all homeowners who have been noticed with denial of homestead tax exemption and subsequent threats of back taxes and liens to immediately contest the lien. We can help. If you would like more free legal information regarding this issue then please contact us. We will send you the information you need to challenge any denial of the tax exemption and win. In the mean time, heed the warnings above and claim your homestead by declaration!
Thursday, August 11, 2005
Ones Homestead Is A rather Simple Equation In the End...
Ones Homestead is a rather simple equation in the end...
One's Homestead is a rather simple equation in the end; residence plus intent to remain. The notion of "home" is an elusive and elastic concept that remains a powerful component of virtually every culture. Emily Dickenson wrote, "Where thou art, that is Home." Robert Frost observed that "Home is the place where, when you have to go there, they have to take you in." Johann Wolfgang von Goethe claimed, "He is the happiest, be he king or peasant, who finds peace in his home." And Christian Morgenstern offered, "Home is not where you live, but where they understand you."
The notion that the home is not only one's castle but that one's castle should be protected from one's creditors is very much a part of the American legal landscape, and that is never more evident than in the very generous homestead exemption found in the Florida Constitution.
In the recent bankruptcy case of 'In re Preston', the trustee's position in this case sought to recover certain alleged fraudulent transfers and also objected to the debtor's claimed homestead exemption. The debtor listed an interest in a condominium located in Pompano Beach, Florida, which he claimed as his homestead. The first count of the complaint contended that the debtor was not entitled to claim a Florida homestead because he neverintended to live in Florida but simply kept a "vacation property" here.
It was the debtor's contention that he lived in Florida but routinely traveled back to California for his work. The confusion related to the residential property the debtor and his wife owned in Huntington Beach, California. However, for purposes of the homestead issue, the inquiry is rather simple: did the debtor in fact move to Florida with the intent to reside there indefinitely?
The trustee, however, pointed out that prior to the bankruptcy filing, the debtor did not have a Florida bank account or own a car registered in Florida. The debtor failed to claim Florida's homestead ad valorem property tax exemption, which only allows for a reduction in the payment of real estate taxes for Florida residents. The debtor's bankruptcy petition showed a California mailing address. The debtor's tax returns listed the California home as his residence. On credit applications and personal guaranties given to vendors doing business with a corporation, the debtor listed the California property as his residence.
The trustee also supplied the Court with bank records showing the use of his wife's debit card; most of the charges which were incurred in California, not Florida. Perhaps the most significant objection the trustee raised to the court was regarding the debtor's purported Florida homestead is the fact that the debtor continued to work for various California companies.
What this array of conflicting testimony means is that there is no "smoking gun," no concrete, conclusive evidence of the debtor's actual domicile or homestead. Such things as one's mailing address become a transitory concept, based more on ease of access wherever one might be at the moment, rather than on the idea that one's mail should be sent to where you "live." It is, one might suggest, simply the modern equivalent of the old saying, "Home is where I hang my hat."
None of this, however, should imply that such a debtor is to be denied the opportunity to claim a homestead to the extent one is appropriate. Indeed, one of Florida's strongest exemptions is that which protects homestead property. As more than one court has indicated, the Florida Constitution grants debtors "a liberal exemption" for homestead property. In Florida, a homestead is established when there is "actual intent to live permanently in a place, coupled with actual use and occupancy." Ultimately, all that is required is that the property owner reside on the property and in good faith make the same his permanent home. Exceptions to the homestead exemption should be strictly construed in favor of claimants and against creditors or legal challengers.
However, on the issue of this debtor's homestead, the Court had to eventaully conclude that the debtor had provided sufficient evidence of his residence in the Pompano Beach condominium and his "actual intent" to live there permanently prior to the filing of this bankruptcy case. One’s homestead or domicile is a rather simple equation in the end: residence plus intent to remain, along with the homestead claim.
Exceptions to the homestead exemption are to be "strictly construed" in favor of any claimant, and the courts can only conclude it that a debtor resides on the property and "in good faith" intends it to be his permanent home should a claim be filed. Florida Homestead Services can help you to make the claim. Contact us today!
http://www.floridahomesteadservices.com
One's Homestead is a rather simple equation in the end; residence plus intent to remain. The notion of "home" is an elusive and elastic concept that remains a powerful component of virtually every culture. Emily Dickenson wrote, "Where thou art, that is Home." Robert Frost observed that "Home is the place where, when you have to go there, they have to take you in." Johann Wolfgang von Goethe claimed, "He is the happiest, be he king or peasant, who finds peace in his home." And Christian Morgenstern offered, "Home is not where you live, but where they understand you."
The notion that the home is not only one's castle but that one's castle should be protected from one's creditors is very much a part of the American legal landscape, and that is never more evident than in the very generous homestead exemption found in the Florida Constitution.
In the recent bankruptcy case of 'In re Preston', the trustee's position in this case sought to recover certain alleged fraudulent transfers and also objected to the debtor's claimed homestead exemption. The debtor listed an interest in a condominium located in Pompano Beach, Florida, which he claimed as his homestead. The first count of the complaint contended that the debtor was not entitled to claim a Florida homestead because he neverintended to live in Florida but simply kept a "vacation property" here.
It was the debtor's contention that he lived in Florida but routinely traveled back to California for his work. The confusion related to the residential property the debtor and his wife owned in Huntington Beach, California. However, for purposes of the homestead issue, the inquiry is rather simple: did the debtor in fact move to Florida with the intent to reside there indefinitely?
The trustee, however, pointed out that prior to the bankruptcy filing, the debtor did not have a Florida bank account or own a car registered in Florida. The debtor failed to claim Florida's homestead ad valorem property tax exemption, which only allows for a reduction in the payment of real estate taxes for Florida residents. The debtor's bankruptcy petition showed a California mailing address. The debtor's tax returns listed the California home as his residence. On credit applications and personal guaranties given to vendors doing business with a corporation, the debtor listed the California property as his residence.
The trustee also supplied the Court with bank records showing the use of his wife's debit card; most of the charges which were incurred in California, not Florida. Perhaps the most significant objection the trustee raised to the court was regarding the debtor's purported Florida homestead is the fact that the debtor continued to work for various California companies.
What this array of conflicting testimony means is that there is no "smoking gun," no concrete, conclusive evidence of the debtor's actual domicile or homestead. Such things as one's mailing address become a transitory concept, based more on ease of access wherever one might be at the moment, rather than on the idea that one's mail should be sent to where you "live." It is, one might suggest, simply the modern equivalent of the old saying, "Home is where I hang my hat."
None of this, however, should imply that such a debtor is to be denied the opportunity to claim a homestead to the extent one is appropriate. Indeed, one of Florida's strongest exemptions is that which protects homestead property. As more than one court has indicated, the Florida Constitution grants debtors "a liberal exemption" for homestead property. In Florida, a homestead is established when there is "actual intent to live permanently in a place, coupled with actual use and occupancy." Ultimately, all that is required is that the property owner reside on the property and in good faith make the same his permanent home. Exceptions to the homestead exemption should be strictly construed in favor of claimants and against creditors or legal challengers.
However, on the issue of this debtor's homestead, the Court had to eventaully conclude that the debtor had provided sufficient evidence of his residence in the Pompano Beach condominium and his "actual intent" to live there permanently prior to the filing of this bankruptcy case. One’s homestead or domicile is a rather simple equation in the end: residence plus intent to remain, along with the homestead claim.
Exceptions to the homestead exemption are to be "strictly construed" in favor of any claimant, and the courts can only conclude it that a debtor resides on the property and "in good faith" intends it to be his permanent home should a claim be filed. Florida Homestead Services can help you to make the claim. Contact us today!
http://www.floridahomesteadservices.com
Wednesday, June 01, 2005
Florida Homeowner Protection Now Stronger Than Ever From A New Service Provider
Florida Homeowner Protection Now Stronger Than Ever With Services From A New, Exclusive Full Service Provider
FOR IMMEDIATE RELEASE: Fort Lauderdale, FL - Foreclosure of privately owned properties is a silent national epidemic and it has become a brutal rape of the American dream of home ownership. No homeowner should be forced to lose his, or his family’s home along with a lifetime of equity, over an unpaid bill or any other valid debt, usually amounting to only a few dollars before the lawyers inflate it with their collection fees. This is where Florida Homestead Services, LLC steps in to protect Florida homeowners from forced sale of their home and property.
Debts can be collected in many other ways that do not violate the constitutional rights of America’s homeowners. Foreclosure is like using a bulldozer to bury an ant hill. Florida Homestead Services ironically puts it best when they said that “foreclosure was the nuclear weapon in a legal enforcement arsenal and it is definitely overkill.”
Florida Homestead Services, LLC, a full service company, has created several, state of the art, services for maximum asset protection to all Florida Homeowners. The company’s unique service shields and protects homeowners from liens or judgments placed and attached against a Florida residence. They also assist in the removal of most liens or judgments currently placed against a home that normally prohibits the sale or re-financing of a Florida homeowner’s property. Their invaluable services provide maximum protection of assets and equity interests of real property at minimal cost and effort.
Florida Homestead Services can provide strong legal protection of real property and income, and purposely provides the Florida homeowner with a shield from virtually all creditors. There is always the possibility of a financial disaster, especially in today’s litigious society which is growing at a record pace. Florida Homestead Services can help eliminate liens, void judgments and stop levy, wage garnishment and attachment. "Clients have counted on us for all their property protection service and legal income service needs for the past 10 years", states John Sims, Founder and President of Florida Homestead Services, LLC.
In 1994, after the start of writing his recently published book "How To Protect Your Home, Property and Income from Liens, Lawsuits and Claims", Mr. Sims realized the need for a professional service in Florida and because of the fast, efficient and reliable service of the staff of Florida Homestead Services, LLC, the firm expanded to provide its clients and Florida homeowners with an exclusive and unique service not available anywhere else in Florida which has been unavailable up until this time. To give an analogy, their services can be compared to what a spam or virus protection program is to a computer...maximum protection.
In addition, Florida Homestead Services also provides distribution services and agent licensing in order to provide a complete exclusive, proprietary, unique and proven service to homeowners either directly or indirectly through title companies, mortgage brokers, mortgage companies, and realtors.
Florida Homestead Services offers additional services and their specialized knowledge can protect your interest, equity, home & real property from forced sale, protect your retirement, education funds, social security, personal property, income, salary and wages. Mr. Sims and his staff at Florida Homestead Services LLC look forward to serving the needs of all Florida homeowners and Florida real estate professionals as well.
The staff of Florida Homestead Services LLC can be contacted directly at 1-954-252-9111 or by visiting the website at www.floridahomesteadservices.com.
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FOR IMMEDIATE RELEASE: Fort Lauderdale, FL - Foreclosure of privately owned properties is a silent national epidemic and it has become a brutal rape of the American dream of home ownership. No homeowner should be forced to lose his, or his family’s home along with a lifetime of equity, over an unpaid bill or any other valid debt, usually amounting to only a few dollars before the lawyers inflate it with their collection fees. This is where Florida Homestead Services, LLC steps in to protect Florida homeowners from forced sale of their home and property.
Debts can be collected in many other ways that do not violate the constitutional rights of America’s homeowners. Foreclosure is like using a bulldozer to bury an ant hill. Florida Homestead Services ironically puts it best when they said that “foreclosure was the nuclear weapon in a legal enforcement arsenal and it is definitely overkill.”
Florida Homestead Services, LLC, a full service company, has created several, state of the art, services for maximum asset protection to all Florida Homeowners. The company’s unique service shields and protects homeowners from liens or judgments placed and attached against a Florida residence. They also assist in the removal of most liens or judgments currently placed against a home that normally prohibits the sale or re-financing of a Florida homeowner’s property. Their invaluable services provide maximum protection of assets and equity interests of real property at minimal cost and effort.
Florida Homestead Services can provide strong legal protection of real property and income, and purposely provides the Florida homeowner with a shield from virtually all creditors. There is always the possibility of a financial disaster, especially in today’s litigious society which is growing at a record pace. Florida Homestead Services can help eliminate liens, void judgments and stop levy, wage garnishment and attachment. "Clients have counted on us for all their property protection service and legal income service needs for the past 10 years", states John Sims, Founder and President of Florida Homestead Services, LLC.
In 1994, after the start of writing his recently published book "How To Protect Your Home, Property and Income from Liens, Lawsuits and Claims", Mr. Sims realized the need for a professional service in Florida and because of the fast, efficient and reliable service of the staff of Florida Homestead Services, LLC, the firm expanded to provide its clients and Florida homeowners with an exclusive and unique service not available anywhere else in Florida which has been unavailable up until this time. To give an analogy, their services can be compared to what a spam or virus protection program is to a computer...maximum protection.
In addition, Florida Homestead Services also provides distribution services and agent licensing in order to provide a complete exclusive, proprietary, unique and proven service to homeowners either directly or indirectly through title companies, mortgage brokers, mortgage companies, and realtors.
Florida Homestead Services offers additional services and their specialized knowledge can protect your interest, equity, home & real property from forced sale, protect your retirement, education funds, social security, personal property, income, salary and wages. Mr. Sims and his staff at Florida Homestead Services LLC look forward to serving the needs of all Florida homeowners and Florida real estate professionals as well.
The staff of Florida Homestead Services LLC can be contacted directly at 1-954-252-9111 or by visiting the website at www.floridahomesteadservices.com.
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