A new Notice of Homestead procedure has been enacted by the Florida
Legislature. This new law allows a homestead property to be sold
or mortgaged regardless of unsecured judgment creditor liens against
the property. In the past, a lawsuit was required and a judge
had to determine that the property was homestead and the judgment
lien could be ignored. That is no longer required. Now if the
procedure is followed, you may be able to avoid paying certain
creditor’s liens from the proceeds of the sale or refinance.
One of our clients had a $10,600.00 judgment against him that
attached to his homestead property. We used this procedure for
him, resulting in him taking home $10,600.00 more than he would
have otherwise been entitled to take home, without having to pay
excessive litigation fees. It is important to remember that there
is a 45 day waiting period before the property may be sold or
mortgaged free of the judgment lien, so you will need to start
the procedure now. Remember that when you are selling your homestead
or you are refinancing the mortgage on your homestead, this may
apply to you. If someone has placed a lien or filed a judgment
against your homestead property, you will want to contact Members’
Title Services, Inc. to see if the lien or judgment will have
to be paid or, by following this Notice of Homestead procedure,
if it can be avoided altogether and not paid. This will result
in more money for you! F.S. 222.01.
Recent trends indicate that title business in the future is moving
in the direction of providing full-service or one-stop service.
Members’ Title Services, Inc. provides full residential
and commercial title insurance services. It is also affiliated
with Glantz & Glantz, P.A., an AV rated general practice law
firm. When you retain us for your title work, you can expect to
receive competent and efficient legal and title services at the
same time. This will result in more efficient processing, lower
costs and faster closings.