Blog Archives

Vocab Lesson 10 – Title to Real Property and Probate

Vocab Lesson 10 – Title to Real Property and Probate

While dealing with titles to real property in Florida, we are repeatedly challenged with the situation where the current or prior titleholder is deceased. If the deceased was a resident of Florida it is important to know the status of probate proceedings and contact the probate attorney. If a non-resident dies leaving real property in Florida, then ancillary administration must be opened in Florida. Read the rest of this entry

Homestead and “Wildcard” Exemptions in Bankruptcy

Part III

In the last two weeks we discussed some basic bankruptcy concepts as well as Florida’s Homestead and Personal Property exemptions. With any luck, this week’s discussion will hopefully tie the last two blogs together and shed some light on the proverbial “big picture.” That being said, I urge you to review my previous two blogs beforehand. Also, if time permits, my “Homestead” blogs will help clarify this as well.   Read the rest of this entry


Part II
Homestead, Personal Property, and Enhanced “Wildcard” Exemptions

Last week we began discussing some general bankruptcy information. This week we will focus our attention on Florida’s exemptions. Specifically, the Homestead and personal property exemptions. Read the rest of this entry

Selling Your Homestead & Protecting The Proceeds

Homestead in Florida gives some great benefits to Florida resident homeowners. So, congratulations are in order, your family and home are now protected. You’ve paid the mortgage, your taxes, your contractor, the plumber, and the pool boy. But with the prices of real estate as low as it is, you decide to upgrade to a nicer home in a better neighborhood. What do you do to protect your investment in the homestead? Read the rest of this entry

Homestead Benefits and Protections

What protections do I receive from having a homestead in Florida?

For starters, creditors cannot put a lien on your homestead property or take your homestead property to recoup a debt. As with anything else in the law, there are exceptions to this rule e.g., lender forecloses on your mortgage (O.J. Simpson learned this one the hard way), county sells your home at a tax deed sale, contractor puts a lien against your home for work or materials expended there, and in some situations not paying your federal income tax. Read the rest of this entry