Florida Homestead

| May 15, 2012 | Announcements, General, Law Articles, Local News |

If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence. You can exempt or protect your home and up to one-half acre of land from any forced sale if you live in an incorporated area or in unincorporated areas, you can protect up to 160 acres as homestead property.
Under most circumstances, a lien cannot be placed on your homestead home for a debt that has nothing to do with your home. However, creditors who loan you money to buy, improve, or repair your home may put a lien on your home. Nevertheless, if a creditor has a mortgage on your home no matter what the purpose for the mortgage is you are not protected by the homestead exemption.
As additionally security for your home, you can file an affidavit describing your home and claiming it as your homestead with the court/clerk. This is different from the homestead tax form you file with the county property appraiser every year. Florida Statute 222.01 provides the type of notice and affidavit which is required to be filed.