Showing posts with label property tax. Show all posts
Showing posts with label property tax. Show all posts

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

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'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

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

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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