Florida Statute Section 222.08 states: The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales.
Florida Statute Section 222.07 states: Upon the completion of the inventory the person entitled to the exemption, or the person’s agent or attorney , may select from such inventory an amount of property not exceeding, according to such appraisal, the amount of value exempted; but if the person so entitled, or the person’s agent, or attorney, does not appear and make such selection, the officer shall make the selection for him or her, and the property not so selected as exempt may be sold.
The State of Florida has Laws that provide some protections for Debtors against Creditors. Florida provides an Exemption for the Personal Property of the Debtor, both within a Bankruptcy and outside of one. Florida Statute Section 222.061 provides a method of exempting Personal Property. Section 222.061(1) provides: When a levy is made by writ of execution, writ of attachment, or writ of garnishment upon personal property which is allowed by law or by the State Constitution to be exempt from levy and sale, Read More +
Florida Law has a special Exemption for a Homestead that is a mobile home or modular home on land that the Debtor Homeowner, does not own. Meaning, the Debtor owns the mobile home but leases the land. Section 222.05 provides: Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not his or her own which he or she may lawfully possess, by lease or otherwise, and claiming such house, mobile home, or modular Read More +
Florida has an unlimited Homestead Exemption, in terms of the Fair Market Value of the Homestead. Provided you property sits on less than one-half acre in a municipality of less than 160 acres if outside a municipality, then the property can have an unlimited value in Fair Market Value. However, if you lived in your Homestead for less than 1215 days before filing Bankruptcy, you are limited to using the Federal Exemption, as it applies to your Homestead property. As of the time of the Read More +
In the State of Florida, if you file Bankruptcy, you will most likely use the State Exemptions of Florida, rather than the Federal Exemptions, or the Exemptions of any other State. There is an Exception to this Rule. To use the State Exemptions of Florida when filing Bankruptcy in Florida, you must be Domiciled in the State of Florida for at least 730 days before filing Bankruptcy. This is known as the 730 day rule. If you lived in more than one State in the Read More +
In 1998, In re McFadyen, a Bankruptcy Court decision in the Middle District of Florida, held that a Federal Tax Lien is enforceable against Homestead property in the State of Florida. There are three exceptions to the Florida Homestead Exemption, in which a Creditor can force the sale of a Homestead, according to the Florida Supreme Court in the case of Havoco of America, Ltd v. Hill: Payment of taxes and assessments on the Homestead; Obligations contracted for the purchase, improvement or repair of the Read More +
Most Florida Courts have held that in order to claim the Homestead Exemption as a protection against Creditors, the homeowner must reside in the property. In 1882 in Drucker v Rothstein, a Florida Court held that a piece of land that was never occupied by the Claimant, as a home or dwelling, and not capable of occupancy, does not qualify as a Homestead under the Constitution of the State of Florida. Furthermore, in the case of In Re. Estate of Ritter, another Florida Court Read More +
In order for a Debtor to claim the Homestead Exemption in the State of Florida as a protection against his Creditors, he generally must be occupying the dwelling.
Chapter 222 is the Florida Statute, enacted by the Florida Legislature, that implements the Homestead Exemption protection, that is contained in the State Constitution of the State of Florida. Florida Statute 222.05 states: Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not his or her own which he or she may lawfully possess, by leased of otherwise and claiming such house, mobile home, or modular home as his or her homestead, shall Read More +
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