Legal Question in Credit and Debt Law in California

Hello:

Does there have to be a "dwelling" on the property to be able to homestead or can you homestead empty acreage ? Also if a dwelling is necessary, can it be a cargo strage container ? My friend is in deep trouble with litigation judgements just around the corner, both house foreclosed on, etc. BUT he owns 3 1/4 acres surrounding the one house he has in the High desert of Cal that he doesn't want to lose.

Thank you !!!!!!!!!


Asked on 4/21/11, 8:00 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

He should have been to see a bankruptcy lawyer 2 foreclosures ago.

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Answered on 4/21/11, 8:13 am
Tony Carballo Carballo Law Offices

You have to reside on the property and you cannot reside on an empty lot. He can put in a mobile home and move there and establish a homestead. If the land is desert it might not be worth much and there is a $23,000 wildcard exemption he can use for any property that might be enough if the property is worth that much or even a little over that considering that the cost of the sale has to be taken into consideration by the trustee before selling the property. I would guess that even if worth $30,000 the trustee would probably not sell the property if the person can use the entire wildcard exemption to protect the lot. He must see a lawyer. If there is already a judgment lien on the property it may be too late. Again, the first consultation with a bankruptcy attorney is usually free.

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Answered on 4/21/11, 8:36 am


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