florida homestead exemption act

    

FLORIDA HOMESTEAD SERVICES

Home Publications | Events | Company News | Legal News | Research | Services Contact

“We use the Law as a Sword. We should also be able to use the Law as a Shield.”

 

Quick Launch

     FAQ's

    ABOUT US

    BILLING - PAYMENTS

    CLIENT COMMENTS

    CONTINUING EDUCATION

    ASSOCIATES

    HUMAN RESOURCES

    OPPORTUNITIES

    CONTACT US TODAY!

 

 
   

Our statewide top quality, unique and proven services concentrate in the following areas:

  • Homestead Exemption Initial Applications and Claims

  • Head of Family Claims to Protect Wages and Income

  • Retirement, Income, Wage and Salary Protection

  • Community Association and HOA Property Management

  • FEMA Flood Remapping - Letter of Map Amendment

  • Reduction of Property Taxes for Florida Homeowners

 

  • Appeals of Denial or Revocation of Homestead Exemption

  • Real Estate Homestead Tax Exemption Consulting

  • Home Equity Protection from Judgments and Liens

  • Homestead Exemption Value Adjustment Board Appeals

  • Real Property Inspections and Site Surveys

  • Real Property Management and Maintenance Services

  • Value Adjustment Board Appeals

NO ESTATE PLAN, HOME OR FAMILY'S PROTECTION IS COMPLETE WITHOUT OUR SERVICES!

 

Administration of Homestead Property Tax Exemption Initial Applications and Subsequent Claims

We can perform your initial homestead exemption claim without any mistakes or hassles, and address any denial or revocation of your initial application or existing homestead tax exemption. 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 unsecured debt, usually amounting to only a few dollars before lawyers or bill collectors inflate it with their outrageous 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. An attorney ironically put it best when he said that foreclosure was the nuclear weapon in a legal enforcement arsenal and it is definitely overkill. Florida Homestead Services can stop the loss of your home equity for unsecured debt, dead in it's tracks, and help protect your wages and income from garnishment.

 

"Protect your family's home equity today. Call Florida Homestead Services...You'll be glad you did."

 

Homestead Property Protection

A man’s home is truly his castle according to the Florida Constitution. It is a castle that is, and should be absolutely impenetrable by any legal foe or by any creditor. The "homestead exemption" for asset protection of real property purposely provides the owner of real property with a shield from virtually all creditors. 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 creditor for any reason, but only if the residence is properly claimed as their homestead. Protection under the statute is not automatic. Although a castle to one person may be a shanty to another, the law does not so discriminate. Regardless of whether one’s castle is a traditional family home or a modest cottage, whether it is a rural farmhouse or a villa by the sea, whether it a houseboat that floats or a vehicle that sits on wheels, whether it is a condominium or a co-op; it receives the same protections under Florida law but you must assert your rights under the law. No one else is going do assert your rights for you. Florida Homestead Services can properly protect your real property as homestead property, immune from virtually most any lien or judgment. Florida Homestead Services can also provide this valuable, unique and proprietary service at the closing table directly or through closing agents, or after a home is purchased. Trust property may also be covered under the homestead protection state law.

 

Homestead Property Tax Exemption Denials and Appeals

Florida homestead exemptions are available to real property owners in Florida which covers two separate types of exemptions, one homestead exemption for real property ad valorem tax purposes and an often misnamed homestead 'exemption' for real property asset protection purposes. If the local county property appraiser has denied or has removed your homestead property tax exemption, contact us and we will make every attempt to get your property tax exemption reinstated and/or handle your Value Adjustment Board appeal for you. Our track record is the best!

 

Wage and Income Protection

The income or wages of the head of a family are exempt from garnishment or any other process of ‘attachment’ unless the person’s net wages are more than seven hundred and fifty dollars per week, and that person has agreed in writing to allow the wages to be taken to pay the debt. The statutory definition of a ‘head of family’ now includes all natural persons who reside in Florida who provide more than one-half of the support for a child or any other dependent, regardless of their relationship. Wages in a bank account that belong to a head of family retain their protection from being seized by creditors or by garnishment for six months, even if the wages are mixed with money from other sources. If a ‘head of family’ has not agreed in writing to allow the garnishment or attachment of his or her wages, all the wages are exempt from any court process of attachment, income deduction or garnishment. 

 

Florida statutes state that wages, salary, commissions and other compensation for personal services paid to the head of a family cannot be garnished by any creditor if properly claimed as exempt. The ‘salary exemption’ is an important part of the Florida asset protection laws. The definition of a ‘head of family’ has been the subject of many Florida court rulings. As long as any dependent, even an adult, depends on his provider for more than 50% of financial support, the provider can claim to be a head of family. The provider does not need to be married and the dependent does not need to reside in the same home as the support provider. In fact, one court ruled that a dependent may even reside outside of the State of Florida. You must file a sworn affidavit with the court to declare your ‘head of family’ status, to claim your exemption and to protect your wages from being attached or garnished. Florida Homestead Services can help you to find out more in regards to your wage exemption in order for you to declare certain issues that must comply with the law for income protection. Protect your income now! Contact Us!

 

Real Property Lien and Judgment Invalidation

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 misnamed homestead 'exemption' for real property asset protection purposes. The two are totally unrelated in regards to the law. The fact that you have one type of homestead exemption, the ad valorem property tax exemption, does not mean that you have the other type of often misnamed 'homestead exemption', the asset or real property protection exemption, as each statutory exemption has distinct, separate and different legal requirements.

 

Specifically, the homestead exemption for real property tax purposes merely provides an owner of real property with a twenty-five or fifty thousand dollar reduction from the assessed taxable value of the property by the local county property appraiser, thereby reducing the amount of real property ad valorem taxes per year. In Florida, since real property taxes are paid in arrears similar to the interest on your mortgage note, the property tax exemption is only available if the owner is the permanent resident of Florida as of December 31 of the prior year, and if the owner files a full, complete and legally sufficient application for the property tax exemption at the county property appraiser’s office on or before March 1 of the current year. We can do this for you with minimal time, hassle and no mistakes in order to guarantee your property tax exemption application approval.

 

Real Property Declaration of Homestead

The homestead property tax exemption has a separate legal or statutory basis than the homestead asset protection exemption, which allows you to 'set apart' and 'claim' your homestead. Do not confuse the homestead property tax exemption with the other, commonly and incorrectly referred to as "Homestead Exemption", and do not allow anyone to convince you it is related. It is not. In addition, the protections afforded to your real property by the law is often confused with, and considered to be associated incorrectly with the homestead exemption from real property taxes. Under Florida law, homestead 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.

 

Florida homestead law complicates real estate titles and conveyances, the descent and distribution of decedents’ estates, and the collection of money judgments.  Every Florida resident is entitled to have his or her interest in the real property on which he or she resides, his or her properly claimed ‘homestead’, exempt from forced sale for the collection of money judgments, most liens and debt, or for almost any other reason, but the homeowner must make a legally sufficient and proper claim. After the owner’s death, this protection transfers to his surviving spouse and heirs at law who inherit the homestead. The key to the 'Homestead’ asset protection is that the asset protection portion of the exemption must be properly drafted, claimed as a matter of law and recorded in the public record. It is not automatic but may be claimed at any time. Florida Homestead Services provides this valuable, unique, exclusive and affordable service at the closing table, or at any time, for virtually any Florida real property homeowner. Contact us today and protect your home equity from current and future creditors!

 

Value Adjustment Board Appeals

Florida homestead property tax exemptions are often denied or revoked once they are granted, by the local County Property Appraiser's Office for a number of reasons. We can help obtain resolution or resolve any issues pertaining to the property tax exemption, and fight for your right to obtain or retain the exemption before the Value Adjustment Board Magistrate if an appeal is required. You only have 30 days to act, so contact us immediately!.

 

Real Property Flood Insurance Reduction

Florida homestead flood insurance reductions are available to real property owners in Florida, which covers your losses from floods and is based on the new Federal Emergency Management (FEMA) remapping, policy and procedure. Click HERE to check out our most valuable service to reduce or to completely eliminate your flood insurance premium!

 

Real Property Condominium and Homeowner Association Management

Florida requires sate licensed professionals to manage Condominiums and Homeowner Associations.  Contact us as we have many years of valuable private and commercial property management experience. We are a fully licensed property management firm, and we only provide licensed Community Association Managers to perform your daily management and maintenance tasks. We also provide property management services to private homes and estates.

 

Real Property Maintenance and Inspections

Property maintenance and basic inspections are available to real property owners which covers most maintenance, inspections and repairs.

 

 

Read our Frequently Asked Questions for more information!


Free Homestead Information Request Form

*All Fields Required

Are you Single or Married?:

Husbands FULL Name:

Wife's FULL Name:

E-Mail Address:

Address Line 1:

Address Line 2:

City:

County:

State (FL):

Zip + 4:

Home Phone:

Alternate Phone:

Are you the Owner(s) of the above home? If not, who is?:

Is the above address your primary residence? :

How long have you been a Florida resident?:

When did you purchase the above home?:

Is your mortgage and county property taxes paid and up to date?:

Has the above home been, or is the above home being rented?:

Is this home in an Homeowners or Condo Association?:

Are there any other owners of the above property (Trust)?:

Do you have children? If so, how many and what are their ages:

Do you currently reside full time on the property?:

Have you made improvements to the property since purchase?:

Is there a construction lien or lien regarding any improvements?:

Are you currently involved in any current or future litigation?:

Do you expect to be involved in any other type of litigation soon?:

How did you find us?:

         

Details/Comments/Suggestions

Please tell us about your current situation or issues regarding your needs pertaining to your real property, exemption or denial thereof.

We give free consultations so feel free to contact us.


 
This web form is protected from SPAM by SnapHost.com
Reload image below
Captcha Code

Enter Captcha code

 

 

  No obligation! We will not spam you, ever! Your privacy is strictly protected!
Your information is safe and strictly confidential, forever.
Your information is never sold or shared with anyone for any reason whatsoever.

Your information remains completely private and we will not continually send you emails or spam you in any way.

We will only reply once unless you respond to us and request more information. 

No obligation! We will not spam you, ever! Your privacy is strictly protected! Your information is safe and confidential.
Your information is never sold or shared with anyone for any reason.

 

 

                                    Content, Concepts & Forms ® © Copyright 1994-2015 Florida Homestead Services, LLC ® All Rights Reserved. "Florida Homestead Services" is a registered trademark of Florida Homestead Services, LLC. Florida Homestead Services, LLC is not affiliated with any government agency. DISCLAIMER, TERMS & CONDITIONS