You Can't Take My House! Can You? - Episode 299

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:

• Florida Constitution, Article X, Section 4: https://www.flsenate.gov/Laws/Constitution#A10S04
• Florida Statute, Section 222.01: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.01.html
• Florida Statute, Section 222.02: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.02.html
• Episode 15 - Florida's Homestead Exemption: https://traffic.libsyn.com/secure/yesnerlawpodcast/256517732-yesner_law_podcast-episode-15-florida-homestead-exemption.mp3
• Episode 104 - Property Tax Portability: https://yesnerlawpodcast.libsyn.com/episode-104-property-tax-portability
• United States v. Craft, 535 U.S. 274 (2002): https://scholar.google.com/scholar_case?case=1796521700192014966&q=United+States+v.+Craft&hl=en&as_sdt=40006

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.  [e-mail] or www.AttorneysFirst.com. 

If you have any further questions for me, please reach out at [e-mail] or www.YesnerLaw.com.