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Asset Protection Archives

Can I Sell My House when it has a Lien against it?

A great question from a listener in the Florida Panhandle: I have a judgment filed against me 12 years ago. Can I sell my house without paying the judgment? The simple answer is yes, as long as (1) the property being sold is homestead property, and (2) the owner files a Notice of Homestead in the county public records and gets no response from the creditor.

Can Florida's Homestead Exemption be used to Defraud Creditors?

When it comes to Asset Protection, Florida has one of the best homestead exemptions in the Country. However, that exemption often comes under fire, especially in situations where creditors feel the exemption is an unfair impediment to them collecting against a borrower.

Asset Protection: Florida's Homestead Exemption v Homestead Exemption in FL

When a borrower defaults on a payment obligation, whether a mortgage payment, credit card payment, signature loan, student loan, or any other type of repayment agreement, their first concern is normally asset protection, "will the creditor take my house away from me?". Our response differs based on the type of debt and whether the borrower has a homestead residence. When they hear this, some clients respond "I did not file for the homestead exemption. Is that going to be a problem?"

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Yesner Law
13135 W. Linebaugh Ave., Suite 102
Tampa, FL 33626

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