Legal Question in Real Estate Law in Florida
Hello, My father in law has been summoned to court for an un-paid credit card in the amount of $5000.. He is disabled collecting social security and his wife is collecting un-employment benefits.. they live in Miami, FL.
He owns a 1972 pick up truck and they currently pay a mortgage with every penny they have from their gov't checks...
I assume that they will not be interested in the 72 pick up.. and we know that they cannot garnish his social security check.. All that is left is their home..and this is our concern.. he cannot afford any type of payment to the credit card.. every penny goes to the mortgage.
Can they do anything to his home?
We were told that the court cannot touch their house since it's in the Homestead Exemption Act.. Is this true?
Thank You
2 Answers from Attorneys
The court cannot order the sale of the home.
The home is safe, and it will pass free of any such creditor at death so long as it is passing to family.
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