Legal Question in Real Estate Law in Florida

Notice of Homestead procedure and forms

Because of a long illness we have several money judgments and our house is in preforclosure. We are both able to work now and will be starting new jobs in another part of the state. Luckily we have a sales contract with the closing in 30 days. I discovered that I can file a Notice of Homestead to protect our equity so that we can use the money to buy another house. I couldn't find the proper Florida form for this on your site, nor information on the proper procedures. Any suggestions would be much appreciated.


Asked on 3/13/07, 6:19 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Notice of Homestead procedure and forms

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is not something that you will find gratuitously online. In your situation, you should be represented by an attorney in this closing to ensure that everything is done properly.

I would strongly suggest that you retain a qualified real estate attorney to represent your interests and to watch over the transaction. I am not sure what you mean by "preforeclosure" which is not a legal term. A delay by the Buyer or his/her closing agent can force you to lose everything.

Scott R. Jay, Esq.

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Answered on 3/14/07, 3:23 am
David Slater David P. Slater, Esq.

Re: Notice of Homestead procedure and forms

Go to your tax assessors office with proof of residence. They have the forms.

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Answered on 3/13/07, 7:04 am


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