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Crushing Debt Podcast

The Crushing Debt Podcast is for people who want to eliminate the financial bullies in their lives. It is for listeners who want more money at the end of the month, rather than more month at the end of the money. The podcast provides answers around such topics as real estate litigation, partition, quiet title, chapter 7 liquidation, chapter 13 reorganization, and Chapter 11 business bankruptcies, short sales, loan modifications, creditor harassment and other related topics.
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Dec 9, 2021

What four (or five) creditors can foreclose and take away your primary residence?

What legal authority in Florida allows a creditor to take your home?

How does the Florida Homestead Laws play into this analysis?

What can I do if my credit card company records a judgment against my homestead property?

In this week's episode, I describe the four (maybe five) creditors that can take your primary residence through foreclosure: (1) Property Tax Collector, (2) Mortgage Company, (3) Contractor who does work on the home, (4) the IRS, and (5) your homeowner or condo association.

The authority for them to do this, or more accurately, the inability of other creditors from doing this - like credit cards, hospital bills, student loans, etc., is found in the Florida Constitution, Article X, Section 4, and Florida Statutes Chapter 222.

I've been able to use a "Notice of Homestead" to eliminate unsecured liens against homes, but it is not a quick process. Therefore, you want to ensure that you file and record the Notice of Homestead far enough in advance of closing for it to eliminate the lien.

Some of the links mentioned in today's episode:

The Notice of Homestead procedure is found in Section 222.01 and is fairly straight forward, but if you need help, please contact our office.

Please also visit our sponsor Sam Cohen for an "apples to apples" comparison of malpractice insurance if you are or if you know an attorney or title company in Florida or Texas.  Sam@AttorneysFirst.com or www.AttorneysFirst.com

If you have any further questions for me, please reach out at Shawn@YesnerLaw.com or www.YesnerLaw.com

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