Payment of Homestead Mortgage Upset in Bankruptcy

Jon Alper Homestead Exemption

It is becoming well known that following the Florida Supreme Court case of Havoco v. Hill a debtor can use non-exempt cash otherwise subject to creditors to either purchase a homestead or reduce the principal balance of a mortgage on the debtor’s homestead without fear that the purchase or principal payment could later be reversed or undone pursuant to Florida’s …

Is a Homestead Under Construction Protected From Creditors?

Jon Alper Homestead Exemption

Planning to build a home? Many people have asked me whether or not money used to buy a lot where they intend to build a residence is protected. Or, is money paid in advance to a contractor to build a homestead protected under Florida’s homestead provisions exempting homestead property from creditors. The short answer is “no.

Is Homestead Owned by a Trust Still Protected?

Jon Alper Homestead Exemption

Generally speaking, the Florida consitution protects homestead property owned by a natural person. But, what happens if a person deeded their homestead to their living trust, and as a result the legal title is held in the name of the trustee for the trust.

Homestead and IRS

Jon Alper Homestead Exemption

A prospective client called and asked whether the Florida homestead protection extends to IRS debts where the IRS debt pertains to one of the two spouses who own the homestead.

Homestead Protection

Jon Alper Homestead Exemption

In Florida, our home is truly our castle, a castle that is impenetrable by creditors. The Florida Constitution exempts homestead property from levy and execution by judgment creditors. Florida courts have liberally expanded definitions of homestead property which includes more than just a single family house. Condominiums, manufactured homes, and mobile homes are also afforded homestead protection. The Constitution defines …