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".

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


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 Florida Homestead Services