FLORIDA HOMESTEAD SERVICES, LLC - FLORIDA HOMESTEAD EXEMPTION DECLARATION DESIGNATION

How to Protect Your Home, Property and Income from Liens, Lawsuits and Claims

Homestead for tax purposes and homestead for purposes of exemption from forced sale, although related because both are part of the overall scheme of providing for preservation of the family dwelling, are not synonymous regardless of popular opinion. The legal maxim ‘ignorance of the law is no excuse’, is no longer relevant in today’s society. No one in today’s society can possibly have knowledge of all of the laws that have been enacted in the various jurisdictions. You have to understand, right up front, that any attempt to learn to cope with our modern judicial system must be very cautiously approached with the sure and certain knowledge that modern law utilized in any legal hearing or practiced in any court room is always a big gamble. Nothing; not even brown paper bags packed with hundred dollar bills and handed to the judge, will absolutely guarantee victory in a court trial or in any type of administrative hearing. Therefore, we recommend to you to utilize only the best counselor specialized in and certified in the areas of interest you need to deal with. We can help with this if you contact us with your specific issues.

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, or give up his income, over an unpaid bill or any other valid debt usually amounting to only a few dollars before the bill collectors inflate it with their collection fees. 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. It was put best when it was said that foreclosure is the nuclear weapon in a legal enforcement arsenal and it is definitely overkill.

'Homestead exemption' is generally regarded and referred to as a constitutional guarantee to Florida (or other states) residents that reduces the taxable property value of residential real property up to $25,000/$50,000 for qualified residents. It is also incorrectly referred to in many other ways by unknowledgeable realtors, brokers, attorneys and homeowners. 'Homestead exemption' also, albeit incorrectly, sometimes refers to asset protection of a home or of real property. Your home probably qualifies for a 'Homestead Exemption', which is only related to ad valorem property taxes and assessments (Real Estate Property Taxes per Fla. Statutes ch. 196, et.seq.) which does not protect your home and real property from lawsuits, judgments, liens or creditors. Homestead protection is not as 'automatic' as most people widely and commonly assume.

Florida has two distinct and separate laws regarding a homestead...The exemption of a homestead from forced sale and from having a judgment or execution being a lien thereon differs from homestead exemption as defined for tax purposes. This exemption is governed by Article X, Section 4, Constitution of the State of Florida (1968), which exempts a homestead from forced sale and provides that no judgment or execution shall be a lien thereon. Clearly, this is a different thing than homestead exemption, as defined for tax purposes.

The Florida property tax statutes offers homeowners a way to apply for homestead 'tax' exemptions to reduce local real estate (ad valorem) property taxes. Application is made to the county property appraiser, and there is no fee for filing. This is the homestead "property tax" exemption explained in their information.

The Florida exemption statutes allows homeowners to 'designate' and 'set apart' their homesteads to protect the home and its equity from a forced sale or foreclosure to satisfy creditors. The tax appraisal county office is unable to answer your questions concerning 'designation of homestead' for protection from forced sale. Hopefully we at Florida Homestead Services can answer each and every one of your questions...check out or FAQ's.

The exemption of a homestead from ad valorem taxation is quite a different thing from the exemption of a homestead from seizure and sale for debts, and therefore homestead issues and court decisions for tax purposes are not necessarily relevant to issues and decisions for forced sale purposes, the statutory provisions being entirely different. Under the ad valorem tax exemption provision, the homestead is not required to be owned by the head of a family; he may own only an interest or an equity in the property.

Moreover, several owners, if they reside on the property, may have the total amount allowable divided between them. On the other hand, under the exemption law from seizure and sale, the homestead may have any value, and in addition to the exemption of the dwelling and the land of the homestead from execution there is also an exemption of personal property as well as the improvements on the real estate. There is no exemption of personal property under the ad valorem tax exemption provision of the law. The homestead law which protects real property from seizure and sale for debts also applies to the equity in a residence.

A man’s home is truly his castle according to the Florida Constitution. Underlying the policy considerations embodied within the provisions the Florida Constitution, is the adage that "a man's home is his castle." It is a castle that is, and should be absolutely impenetrable by any legal foe or by any creditor. Florida courts have liberally expanded the legal and statutory definitions of homestead property, which includes more than just a single family home. Such places of residence, like condominiums, manufactured homes or a mobile home, are afforded the full homestead protections given by the Florida Constitution as are almost any other type of primary residence. Whatever kind of residence a person owns, their investment and equity in their primary residence cannot be seized by any unsecured creditor for any reason, but only if the residence is properly claimed and 'set apart' as their legal homestead. Under Florida law, homestead asset protection or exemption may not be used to shield property from: (1) payment of taxes and assessments thereon; (2) obligations contracted for the purchase, improvement or repair thereof; or (3) obligations contracted for house, field or other labor performed on realty.

Although a castle to one person may be a shanty to another, the law does not discriminate in this regard. Regardless of whether one’s castle is a family home or a cottage, whether it is a farmhouse or a villa by the sea, whether it a houseboat, motor home or a vehicle, whether it is a condominium or a co-op; it receives the same protections under current Florida law. Florida Homestead Services, LLC gives you the peace of mind and the availability of our services to properly and legally protect and claim your homestead and income from creditors, and we do so without any risk or inconvenience to you. We simply give you the tools to be able to follow the very homestead laws enacted in order to to protect yourself and your real property.

Florida's Constitution protects a person’s homestead residence from forced sale under the process of any court of law or equity, but only if the real property is properly claimed or 'set apart' as a homestead. The claim should be made prior to any lawsuit for maximum protection. If not, the costs and process to defend the property drastically increase, and the chances that any judgment or lien will prevail are high. The Constitution of Florida clearly states that no judgment, lien or execution can be a lien on any homestead property. The Constitution defines a homestead as one’s principal place of residence.

To qualify for this homestead protection, a citizen must be a Florida resident, must reside on the homestead property, apply for homestead status and make the proper legal claim. This is where Florida Homestead Services, LLC can greatly assist any homeowner. Our service is unique and proven and we are one of a few of the only providers of our type of service in the state other than specialty or 'boutique' law firms.

Real Property	Primary Residence	Income - Wages	Asset Protection

Homestead Exemption	Protection of Real Property	Protection of Income	Protection of Retirement

Declaration of Homestead	Protection from Forced Sale	Protection from Judgments	Protection from Liens

What makes Florida’s homestead protection such a powerful asset protection feature are its geographical scope and its unlimited monetary protection. All property connected to the primary residence is under the homestead ‘umbrella’, even if the property comprises multiple lots and separate legal descriptions as long as they are continuous or connected. A Florida resident can invest millions of dollars in large estate homes and farms and protect the full value of these luxury residences under the protection of Florida’s liberal homestead provisions. The most noteworthy feature of Florida’s homestead law is its lack of any monetary limit on the homestead’s protection. While many states around the country have homestead protection in their laws, almost all other states have some limit of homestead protection. Florida Homestead Services, LLC also provides our services to homeowners, mortgage brokers, real estate agents, title companies, mortgage holders and to those who have an equity interest.

Protect Your Interest, Equity, Home, Real Property
Protect Your Assets, Retirement, Education, Social Security
Protect Your Personal Property, Income, Salary and Wages

Florida Homestead Laws - 'Homestead Exemption' versus 'Exemption of Homestead'

Florida homestead exemptions are available to real property owners in Florida which covers two separate types of homestead exemption, one homestead exemption for real property ad valorem tax purposes and an often mis-named and improperly construed homestead exemption for real property asset protection purposes. The two are totally unrelated as a matter of law, as there are separate statutes dealing with the two issues as previously mentioned. The fact that you have one type of homestead exemption, such as the ad valorem property tax exemption, does not necessarily mean that you have the other type of homestead exemption, such as the asset or real property protection exemption, as each legal exemption has distinct, separate and different legal requirements. Specifically, the homestead exemption for real property tax purposes provides an owner of property with a twenty-five/fifty thousand dollar reduction from the assessed value of the property, thereby reducing the amount of real property ad valorem taxes anywhere between six and seven hundred dollars up to thousands of dollars per tax year depending on the value of the taxable property. In Florida, since real property taxes are paid in arrears similar to the interest on your mortgage note, the ad valorem property tax homestead exemption is only available if the owner is the permanent resident of Florida as of December 31 of the prior year, and the owner files an application for the ad valorem property tax exemption at the county property appraiser’s office on or before March 1 of the current year.

The homestead 'exemption' for asset protection of real property purposely provides the owner of real property with a shield from virtually all creditors. This type of homestead exemption is only available if the property is your primary residence. The Florida homestead laws are simple and very unique, but are also very complicated at the same time. A ‘homestead’, as described herein, is considered and must be declared by law as real property to the extent of 160 contiguous acres outside of a municipality, or one-half of an acre of continuous land in a municipality, owned by a natural person, and the improvements on it. Various legal consequences depend on whether or not real property is a legal homestead. By constitutional and statutory provisions, there are many areas where the Florida homestead laws are especially meaningful.

The main area is protection against creditors of any type, such as cable companies, phone companies, credit card companies, car companies, medical bills, code enforcement, judgments, lawsuits, etc. There is always the possibility of a financial disaster, especially in today’s litigious society. As an example, any person can be driving down the highway and become involved in a serious automobile accident where several people are seriously injured, killed or property is damaged. A judgment against that person could exceed both his insurance coverage and the value of all of his worldly assets. For the average truck driver, secretary, waitress, engineer, doctor, dentist, accountant, stockbroker, lawyer and other professionals and non-professionals alike, a successful judgment or claim could exceed their insurance policy limits and completely wipe out any lifetime savings and assets.

In Florida, if the homeowner’s real property qualifies as his homestead, it is generally exempt from being forcefully sold by his creditors both during his lifetime and after his death.[1] There is no dollar limitation on the real property that is designated as a homestead. The two million dollar home is covered as well as the fifty-thousand dollar condominium. Does this mean that a California physician or a New York attorney faced with an uninsured multi-million dollar judgment against him can sell his residence, move to Florida, buy a two million dollar home and shield it from his creditors? Yes, it is very possible and happens frequently! Florida Homestead Services, LLC can help you protect your real property and income in a matter of hours from virtually any creditor.

Every Florida resident is entitled to have his interest in the real property on which he resides, his ‘homestead’, exempt from forced sale for the collection of money judgments or for almost any other reason if the homeowner's rights are properly asserted. After the owner’s death, this exemption transfers to his or her surviving spouse and heirs at law who inherit the homestead property. The key to the 'Homestead Exemption’ protection of real property, and your family's income, is that Florida Homestead Services, LLC is a proprietary, unique and exclusive provider of this proven service and we can help immediately. Don't wait until its too late or until a lien or judgment is filed against you or your assets. Claim and set apart your homestead before any lawsuit, or the difficulties and costs in dealing with the suit and any subsequent judgment creditor may increase.

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