Posted on May 10, 2007 by Jonathan Alper

Do You Have To File Something To Qualify For Homestead Protection?

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Frequently callers ask me if they have to file something in order to qualify for homestead protection against creditors. Some of these questions are probably due to Florida Statute 222.01, Designation of homestead by owner before levy. Subsection 1 of the statute states that a person desiring the benefits of homestead protection may file a statement of homestead with the circuit court. The filing is discretionary and not required to qualify for homestead protection. Filing or no filing, the primary residence of a Florida resident is protected from forced sale. As a practical matter most people do not file a designation of homestead until they try to sell or refinance a house and find a judgment lien on the title report. In that case, subsection 2 of the same statute provides a procedure to remove the judgment lien from the title report.

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david slaven - June 20, 2007 8:59 AM

I have filed the form 222.01 with the clerk of courts office, is their a way to remove a judgement lien after the creditor hasn't responded within 45 days? this lien was a debt for a vehicle loan and was included in my bankruptcy, and it attached to my home. I want to refinance my home which I realize I can do, but I want the lien removed from the court records and my credit report. Is this possible

Lydia Shelley - September 12, 2007 6:45 PM

I have the same question posed above... but I do not see an answer to it here on the site.

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