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Questions and Professional Answers

Questions and Professional Answers

  • declaration of homestead

    We purchased our home in 3/97 and filed a declaration of homestead in massachusetts. We refinanced in Jan 1998 and were not required to re-file the homestead. We just refinanced again this month with a different lender who required us to release (or waive ) the homestead. Now i have to re-file it........why would a lender require a release on the homestead?Second part of my question is we have a judgement for a credit card which has not been executed yet......since we had to release the homestead to refinance does this leave our home vulnerable....or does refiling the homestead take care of that......the debt was from 1997 and thats when we filed the original homestead. (homestead was filed before the debt began)
    • Re: declaration of homestead

      The new bank asked you to relese the homestead because it doesn't understand that mortgages are not affected by homesteads; homestead protect the equity in your home >above< any mortgages. The credit card part of your question is interesting; I would argue that the original homestead protected the home against the execution. Keep in mind, however, that a really nasty creditor could still force a sale of the home in certain circumstances, so don't think that the homestead is absolute protection! Best wishes.

      David Baker
      Law Office of David Baker
      236 Huntington Avenue, Room 306
      Boston, MA 02115
  • Homestead Act

    I recently purchased a second home in Michigan and am allowing my sister-in-law to live there rent free as a way of thanking her for donating her kidney to our daughter. Unfortunately a second home doesn't benefit from the Homestead Act. I want the property to end up in my estate. Is there anyway I can grant the deed to her, to get the Homestead benefit, but have the property revert back to me upon her death, and also deny her the right to sell the home. I wouldn't want to use a will as a vehicle because of the term of probate. In other words, I do I beat the Homestead Act in these circumstances.
    • Re: Homestead Act

      I am not sure about the Homestead Benefit, but you could give her a life interest in the property that expires upon her death and reverts back to you without a will or trust. You should contact a lawyer to draft a deed like this if you have that setup in

      Cullen Geisler
      The Law Offices of Cullen P. Geisler PLLC
      28175 Haggerty Road
      Novi, MI 48377
  • Homestead exemption

    What is the homestead exemption in NYS? Is it 50,000.00? I am renting to own a home, filing chapter 7. Paid 28,000 for the home, owe 12,000 on it. Will the homestead exemption cover this? I won't own the property the home is on, since it is leased land. I will only own the home.
    • Re: Homestead exemption

      You need an attorney to file your case to see whether you qualify for the homestead. Bankruptcy is complicated under the new law, you need an attorney.Free ConsultationNew York Bankruptcy Attorney, Bankruptcy Lawyer in Brooklyn New YorkStop Collection Agencies. Get Rid of dischargeable Credit Card debt, IRS taxes,and other debts. I will provide you with personal attention to your individual situation. Jacob SilverAttorney At Law26 Court StreetSuite 2511Brooklyn, NY 11242advocate@mindspring.com

      Jacob Silver
      Attorney At Law
      26 Court Street - Suite 2511
      Brooklyn, NY 11242
  • Homestead Law

    I received a pre-divorce settlement agreement giving me the proceeds of a home sold 9 yrs. ago. I am still married but living separately.I purchased a home 7 yrs. ago and I am considering selling that home. I was told by the title co attorney that my husband must sign off on that home, even though he is not on the deed. Is this a homestead law.
  • Homestead act, pros and cons??

    What benefits, and or penalty, if any does the homestead act provide for a home owner? I pay a mortgage so the land is owned by the bank. I'm mainly concerned with how the homestead act may protect or expose my property in any event. I have looked on the web and can't find anything explaining the pros and cons to filing for the homestead act.thank you
    • Re: Homestead act, pros and cons??

      For homestead info, check out this page on the Norfolk County Registry of Deeds website. The address is

      Robert Trant
      Law Office of Robert R. Trant
      678 Massachusetts Ave
      Cambridge, MA 02139
  • Declaration of Homestead Coverage one or both married spouses?

    Hello, I live in Massachusetts. I am a female and I own my home currently with my husband as Tennents by entirety and do have a mortgage. I put a homestead on the property with my first husband, we were divorced and I kept the homestead revised in my name (it was always in just my name) and I did remarry and updated my name to reflect my married name. MY QUESTION: My husband has a creditor who is trying to put a lien to attach my house & property. Can the creditor do that even though I soley have a homestead in my name on the property and not my husband? How does that work and does it matter if the holder of the homestead act is male or female or has to be the husband? Can husband put on a homestead in his name as well or do we have to redue as husband and wife a new homestead declaration? Thank you.
    • Re: Declaration of Homestead Coverage one or both married spouses?

      Only one person may record a Declaration of Homestead. If two or more people sign the homestead declaration, it is NOT invalid, but it is valid for the FIRST person to sign it. On the other hand, a homestead is for the benefit of the entire family, so your husband benefits from your homestead, too. A homestead does not prevent a creditor from getting a lien. It would only prevent the creditor from collecting any money when the home is sold or the mortgage refinanced so long as the debt arose after the homestead.

      David Baker
      Law Office of David Baker
      236 Huntington Avenue, Room 306
      Boston, MA 02115
  • Homestead Protection-Manufact'd Home

    My wife & I purchased a manufactured home in FL in an adult community. We do not own the land is on the home in both names. We intend to live permanently in this home. Can we get a Homestead declaration on this home? Will this protect against future liens? Also can we obtain this declaration from out of state as we are in process of selling our home/furniture now for move to FL in late Mar 2008.
    • Re: Homestead Protection-Manufact'd Home


      Alexander M. Rosenfeld
      Rosenfeld & Stein, P.A.
      11900 Biscayne Boulevard
      Miami, FL 33181
  • Declaration of Homestead

    I just called the County Recorder & they say since July 1994 our home is automatically Homestead protected. Do I have to file the form, so hospitals & doctors can't take our home?
    • Re: Declaration of Homestead

      No, you don't have to file a form. The homestead exemption is automatic, just like the Recorder told you. The exemption is only $150,000 though.

      Brian Blum
      Blum Law Office, PLC
      2501 N. Hayden Rd., Suite 101
      Scottsdale, AZ 85257
  • transfering homestead

    How do you transfer homestead to a new home or can you only homestead once?
    • Re: transfering homestead

      You can only homestead property in which you reside. You homestead property by recording a declaration of homestead. You can get a form to use from your local title company.

      Mitchell Roth
      MW Roth, Professional Law Corporation
      13245 Riverside Dr. Suite 320
      Sherman Oaks, CA 91423
    • Re: transfering homestead

      First of all, California has two homestead laws that give an individual somewhat overlapping protections. They are often known as the Declared Homestead and the Automatic Homestead. Either one protects some of your equity in property you reside in and in which you have some ownership interest. If you sell and/or move out of House A and buy and move into House B in California, your declared homestead on House A will become null and void. However, you are not totally unprotected against creditors, because the Automatic Homestead would still be available if needed.A declared homestead does not protect against claims that predate its recordation, nor claims that you create voluntarily, such as a seconf deed of trust.So, you don't transfer the homestead, but you can record a new homestead on the new property.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318
  • Homestead declaration-what does it protect?

    I understand that by filing a homestead declaration ahead of a judgement, the first $125,000 of home equity is protected. Assuming that the prevailing party forces the sale of the home to collect the judgement and the proceeds are insufficient to pay the judgement, are the proceeds from the homestead then subject to further attachment if placed in a bank account in California?
    • Re: Homestead declaration-what does it protect?

      If you have less equity than the homestead amount, then no sale can be forced. If equity exceeds the homestead and the house is sold, the protected amount can be banked for 6 months to give time to buy another house.

      Terry A. Nelson
      Nelson & Lawless
      2134 Main St., #130
      Huntington Beach, CA 92648