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.