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mango2013 · Jul 2, 2013, 02:55 PM

I lost a case with the HOA and the attorney is requesting the court attorneys fees? I don't have a job, a car, I was advised that since is my only home and place of residence on which I owe more than its worth, is appraised at same amount of homestead exemption amount $25.000. Shoul I still need to file Chap 7, as I was suggested?

joypulv · Jul 2, 2013, 03:23 PM

Registered homesteads are exempt from liens in Florida. Only the IRS can go after your property. It's only worth 25K?

mango2013 · Jul 2, 2013, 03:32 PM

Thank you, the property was 55k when I purchased it, and today is only appraissed at 25K, is very nice, but I still owe the bank 44K. But I had heard that in FL they can place a lien on the homestead property but can't force you to sell, are you sure they can't place a lien?

joypulv · Jul 2, 2013, 03:41 PM

FLORIDA HOMESTEAD EXEMPTION | Ronald S. Webster

You do realize that the real estate market is rebounding? Hang in there.

AK lawyer · Jul 2, 2013, 03:58 PM

Originally Posted by mango2013

Thank you, the property was 55k when I purchased it, and today is only appraissed at 25K, is very nice, but I still owe the bank 44K. But I had heard that in FL they can place a lien on the homestead property but can't force you to sell, are you sure they can't place a lien?

If the HOA has a judgment, it can record the judgment. When it does, that judgment constitutes a lien.

But why worry? So what if they have a judgment lien? If it's homestead they can't enforce their lien by selling your property.

Filing for protection under the bankruptcy code (Chapters 7 and 13 are most common) will probably extinguish that judgment lien anyway.