[leaper924s]

I have two liens/judgements against my (home), homestead, in Florida. Both of these are for overdue credit cards and have been turned over to collectors. Can I have these judgements removed? (I need to refinance). Is this a complicated process? Is it an expensive process? My understanding is that Florida's homestead protection law does not allow liens against homesteads. Thanks, leaper.

[rockinmommy]

Contact the county where the property is located and inquire as to why they allowed the liens to be filed on your homestead, if that is in fact the law. It would appear to be the county's error.

Karla in TX

[ScottGem]

What makes you think you have these liens? It is rare that lien can be placed for unsecured debt.

[leaper924s]

Contact the county where the property is located and inquire as to why they allowed the liens to be filed on your homestead, if that is in fact the law. It would appear to be the county's error.

Karla in TX

I would agree that it appears to be the recorders fault; so I called them. There two home exemptions in Florida; one for a reduction in property taxes and one to protect your homnestead from unsecured creditors. (it took 4 days of calling and explaining my situation to 5 or 6 different people in the clerks office) I have to file the second one and
As soon as I find the correct form I will do it. Thanks for responding... leaper

[leaper924s]

what makes you think you have these liens? It is rare that lien can be placed for unsecured debt.

Hi Scott. I applied for a home equity loan and the two liens showed up. Like Texas, Florida is very liberal and protective of its citizens homestead rights. I guess that's what surprised me so much; that someone can just walk into a courthouse and place a lien on your property. After many, many calls and many, many different people, it was finally explained to me that there are two homestead protections that Florida homneowners need to file; one for property tax reduction and another one for protection from unsecured creditors... Thanks for your interest... leaper

[ScottGem]

Ok, that makes sense. It also makes sense, that one would have to request these exemptions.

[leaper924s]

The only problem is the clerks office is adamant that I seek counsel to make sure I file the right form and subit it accurately. That's OK, too, but I have called a couple of real estate attorneys, talked with their secretaries, and when I explained what it was I was looking for (removal of an unsecured lien on a Florida homestead property), you could see the furrows on their brows... and to date have not received any call backs.. I am in hopes that someone who has filed this Florida homestead protection can give me some guidance and tell me if their filing was successful.
I have talked with 5 reverse mortgage reps and not one, repeat, not one, had any idea what I was talking about. Thanks for your replies... leaper

[ScottGem]

Have they, at least, told you what form to use?

[leaper924s]

No they haven't told me what form. They act as though they have never heard of such a thing. The response has been "as soon as you get the problem resolved, call me and then I'll help".
I guess that's what has got me to wondering if I'm on the right track and looking for someone who has been through it.
I found Florida form 222.01 on the internet, which is a homestead protection form. It says that once 222.01 filed, the lienor has 45 days to respond, or the unsecured lien is void. The next internet posting says that the form has no true value and the lienor just ignores it and the lien continues to show up if you try to refi, or get a reverse mtg.. Thanks, leaper

[ScottGem]

You might try using this forum:
Florida Homestead Services -- Florida Homestead Exemption Act MiniBB

[leaper924s]

I'll read through this tonight.. Thanks, Scott... I'll keep you posted... leaper