[macguy]

Originally Posted by Prichard

This is not exactly correct. Basically, if you hire a contractor to do work on your house and don't pay him, and the contractor properly records a lien against your property, he can foreclose it just like your bank can foreclose its mortgage. Ultimately, if you do nothing, you will be kicked out of your house.

The rule of thumb is that if you sign a piece of paper that permits someone to put a lien on your property, you can loose your house in a foreclosure. Homestead will do nothing to protect you.




Nope, only if you signed something that gave the hospital a mortgage could it do this if you don't pay your bill. There is no lien rights for ordinary debts, hospital debts and any non-construction related and non-mortgage debts in Florida.

That was not a hypothetical, that's what happened to me in Broward county from Broward General hospital till the insurance company took care of the bill.

[AlphaX]

Originally Posted by FL Homestead Services

Also not true. If you sell or refinance, the property becomes free and clear if invested in another homestead or used for living expenses provided that you give notice (due process) to the creditor. He then has 45 days to attempt to foreclose the lien, which he can't because it's homestead property. The worst case scenario is that he gets a declatory judgment saying it's not your homestead, which is impossible if it is indeed your primay residence.

My mother quite claimed half of her house to me in 2005. This is my homestead since 2005. Recently, we placed the house for sale and discovered that there are some civil judgements against me since 2002.
The escrow company tells us they will take all the judgment money at the closing.
Do we have a Homestead law in our favor?
Thank you

[kort677]

Originally Posted by AlphaX

My mother quite claimed half of her house to me in 2005. This is my homestead since 2005. Recently, we placed the house for sale and discovered that there are some civil judgements against me since 2002.
The escrow company tells us they will take all the judgment money at the closing.
Do we have a Homestead law in our favor?
Thank you

the answer is, contact a lawyer.
I thought in FLA your home is judgement proof but do yourself a favor and don't rely on fools like me on the Internet for important legal advice

[Lisa_from_Debary]

I own my home outright and I have a homestead exemption as well. When I finish with nursing I have been thinking of putting my house in a trust in order to protect it but from what I understand that means I can't take out a home equity loan...

I had also thought of starting a corporation in the Caymens for example, selling my house to this corporation of which I would be the sole owner, then renting the house from the corporation. That way if someone checked my assets because they wanted to sue me...they would not find that I own any property...

[AlphaX]

Originally Posted by kort677

the answer is, contact a lawyer.
I thought in FLA your home is judgement proof but do yourself a favor and don't rely on fools like me on the Internet for important legal advice

I don't trust lawyers. They gave me a wrong advice few years ago and I am still paying for their mistake.
I like to hear from real people that had the same problem and they resolved it, so they can give me real life advise.
Thank you for your help.

[Lisa_from_Debary]

Lawyers = liars...

Anyone whose loyalty can be purchased is very suspect too me...lawyers, realtors, car salesmen...

When ever someone tells me they are a lawyer, I say back oh a liar...its great fun to see the look on their face, I saw it on TV and have used it ever since.

[Prichard]

My mother quite claimed half of her house to me in 2005. This is my homestead since 2005. Recently, we placed the house for sale and discovered that there are some civil judgements against me since 2002.
The escrow company tells us they will take all the judgment money at the closing.
Do we have a Homestead law in our favor?
Thank you

There is a procedure in the Florida Statutes (secton 222) to eradicate judgment liens that appear to attach to homestead property, but shouldn't. You need to get an attorney (or read it yourself) to figure out what to do. Does your mom still live on the property? If so, then it is her homestead too. If not, then her 1/2 interest will be subject to attachment by her creditors. If, at any time, you did not actually live in the property while you owned 1/2, then your 1/2 interest may have had your judgment lien attach. In any event, if you have an ownership interest in the property and have lived there for the entire time you've owned it, your interest is protected.

Now, that doesn't mean that a lender is going to give you a loan until you get the mess cleared up. It's one thing to be able to stop someone from taking your property away; and another to convince someone to loan you some money.

FWIW, it's not real smart to play around with quit-claim deeds convenying partial interests if you don't know what you're doing. It's like playing russian roulette with 5 in the chamber and 1 empty.

[AlphaX]

Thank you for your advise. I will hire an atty after i have a complete understanding of the situation.
I am not trying to get a new loan, I am just selling the house and need the money to move on with my life.

[Prichard]

You might not be trying to get a loan, but someone probably is - i.e. the buyer. That means that he's going to have the same problem you would if it doesn't get cleared up; which means he won't be able to close. You're stuck in limbo until you get this cleared up. The sooner the better.

Do this. Go get a title lawyer to run you a title search report. It shouldn't cost you more than about $100 for the report. Then pay the lawyer to give you an outline of what will need to be done to get the property ready to sell. That shouldn't cost you more than $200 - $300 for the outline/meeting. READ the law that I told you in my last post.

Then, you can make a decision on whether you have the time/smarts to do this yourself, or if you are going to pay a lawyer ballpark $1,500+ to do it for you. Well, at least if the lawyer screws it up, you have someone to scream at and make it right.

[AlphaX]

Here is my understanding of the law:
1. The atty has to file Notice of Homestead for the judgments with the Clerk of Court.
2. The lien holder will then have 45 days to file a court action challenging the homestead status of the property.
3. If they institutes such a suit, then I will need to defend the suit by proving that this was indeed my homestead according to Florida law.
4.If they do not file suit or challenge the homestead status within 45 days after the Clerk of Court mails the Notice, then liens do not attach to the property and I will receive the escrowed funds sometime thereafter.

Here is my question - Is it possible that they win? Based on: They filed the judgement before I got this house and made it my homestead?

Thank you