Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Is your primary residence with homestead exemption protected…

Customer Question
Is your primary residence...

Is your primary residence with homestead exemption protected in a lawsui in Florida

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

In florida , this is a hypothtical question

Lawyer's Assistant: Has anything been filed or reported?

NO, just a question of clarification

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all

Submitted: 4 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 58 minutes by:
12/11/2017
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 4 months ago
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17,957
Experience: Licensed General Practice Attorney, Texas
Verified

Thank you for using JustAnswer.

Generally speaking, yes. That is, for unsecured debts and other judgments, it would be. Now if it's a mortgage, home equity loan, etc... that is secured by the property, then the property could still be sold at foreclosure. But otherwise, in a lawsuit where the property is not secured by a mortgage, etc... (assuming the other requirements apply) then homestead protection would apply.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 4 months ago

Did you have any other questions before you rate this answer?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 4 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 4 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 4 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask ScottyMacESQ Your Own Question
ScottyMacESQ
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17,957
17,957 Satisfied Customers
Experience: Licensed General Practice Attorney, Texas

ScottyMacESQ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My wife and I are separated and need a home equity loan to
My wife and I are separated and need a home equity loan to do repairs to our house so we can sell it and divide the proceeds. I have been told by banks that the state of Texas does not allow banks to … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
298 satisfied customers
Question if you borrowed 200k home equity line of credit and
Question if you borrowed 200k home equity line of credit and you have been paying back interest only and you used 60,000 dollars how much would my monthly payments be once the interest only time is ov… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,027 satisfied customers
I found a lien on my house from Irwin Home Equity and was
I found a lien on my house from Irwin Home Equity and was wondering if I should try to find them and settle the debt … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I've been reading this thread regarding Homestead protection
Hello, I've been reading this thread regarding Homestead protection and a pre-existing judgment in a specific County. This is Florida. My question is if a piece of property is purchased with the proce… read more
Lori
Lori
Juris Doctor
1,028 satisfied customers
A small parcel of land abandoned is it possible to homestead
A small parcel of land abandoned is it possible to homestead or squat in order to establish ownership? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
In SC there is a homestead law.....I was with my partner for
In SC there is a homestead law.....I was with my partner for many years and till this day receive my mail there. He had property...that was being paid for while i was there. He passed 2 weeks ago mond… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My wife and I closed on our 1st mortgage and home equity
My wife and I closed on our 1st mortgage and home equity loan in November, 2017. We had an existing mortgage with Wells Fargo and switched it over to our bank, PNC. They had their appraiser come out t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,307 satisfied customers
To qualify for homestead in Florida as a Florida resident,
To qualify for homestead in Florida as a Florida resident, is there a minimum amount of days required to be present in the state? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I live in CT and I'm trying to modify my home equity loan.
Second opinion] i live in CT and I'm trying to modify my home equity loan . I'm in good standing with my first mortgage company. my question is can a home equity loan company file foreclosure on my pr… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Filing Homestead Exemption after the death of one of the
Filing Homestead Exemption after the death of one of the homeowners: My lifemate of 16 years passed away on 9/20/17 and he's listed as 25% owner on the title to our house. My son (who lives in NV) own… read more
Lori
Lori
Juris Doctor
1,028 satisfied customers
I live in CT and I'm trying to modify my home equity loan.
i live in CT and I'm trying to modify my home equity loan . I'm in good standing with my first mortgage company. my question is can a home equity loan company file foreclosure on my property when they… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Do both spouses have to sign for HOME EQUITY LINE OF CREDIT
Do both spouses have to sign for HOME EQUITY LINE OF CREDIT ?(if they both are legal property owners) … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,197 satisfied customers
Minnesota real estate - Is homestead property immune form
minnesota real estate - Is homestead property immune form judgment creditors and federal tax liens- how is a homestead created? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My husband had a home equity loan thru Third Federal savings
My husband had a home equity loan thru Third Federal savings & loan of Cleveland, oh. The loan is in his name only. He passed away on Nov 5. Am I still legally responsible for this loan since my name … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Filed for Bankruptcy in 2015. Had a home equity loan that
Filed for Bankruptcy in 2015. Had a home equity loan that the court said I could not keep. Lender for loan said it was dead and had to be redone. No need to pay until that time. Tried multiple times t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Ref: Bank Home Equity Loan. Utah. Just reported, as I am
just reported, as I am trying to refinance my home … read more
Damien Bosco
Damien Bosco
4,120 satisfied customers
Does a 2nd mortgage or line of credit or home equity require
Does a 2nd mortgage or line of credit or home equity require a note attached to the mortgage. I have been requesting the note for my second mortgage and the bank has mailed twice the 2nd mortgage with… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a property with a mortgage and a home equity loan. I
I have a property with a mortgage and a home equity loan. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x