Legal Question in Real Estate Law in California

Re: Homestead act

You can get forms from office supply, library, title or escrow companies. You record it at the County Recorder's office. They provide some LIMITED protection.

Re: Homestead act

Every primary residence is automatically protected to a certain extent by California Statute. The actual homestead filing simply increased the protection.

Nothing will prevent your home from being taken away by the holder of a mortgage through the foreclosure process. It only protects against other creditors, and only to a specific limit.

Re: Homestead act

You can get a form to file for homestead at any stationary store. Your legal description has to be correct on the form. That will protect a substantial amount of equity, but it does not apply to any foreclosing notes/deeds of trusts recorded prior.

Re: Homestead act

A proper homestead claim is prepared on the right form and signed before a notary. Such a form should be available at a good office supply store. The homestead claim is then recorded with the Recorder in your county. It protects equity up to the statutory amount which I believe to be $75,000 for an individual and $100,000 for a married couple as to community property.

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553