Declaration of Homestead

[iamfreeru2]

Went to file a Declaration of Homestead today according to Florida Statute
222.01 Designation of homestead by owner before levy.-- (1) Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court.

222.02 Designation of homestead after levy.--Whenever a levy is made upon the lands, tenements, mobile home, or modular home of such person whose homestead has not been set apart and selected, such person, or the person's agent or attorney, may in writing notify the officer making such levy, by notice under oath made before any officer of this state duly authorized to administer oaths, at any time before the day appointed for the sale thereof, of what such person regards as his or her homestead, with a description thereof; and the remainder only shall be subject to sale under such levy.

I am posting what I tried to file because it is based on the above Statute.

John Henry Doe and Jane Henrietta Doe
DESIGNATION OF HOMESTEAD
(Fla. Statute 222.01; 222.02 Designation of Homestead before and after Levy)

I, John Henrey Doe , and I, Jane Henrietta Doe, inhabitants of the State of Florida for the past three years, residing at (address), do hereby desire to avail himself and herself of the benefit of the provisions of the constitution and laws exempting their real property as their homestead from forced sale under any process of law, and hereby makes this written statement pursuant to Florida Statute 222.01, 222.02 and Article X Section IV of the Florida Constitution, that the real property described below is their homestead and they hereby claim such homestead rights.

Further, they do hereby state that they have made no such other Declaration of Homestead except as has been abandoned. That they have lived and maintained the above-described property since on or about approximately January 1998, and that they have kept the same in good condition and have made repairs and improvements thereon.

Property Folio Number xxxxx-xxx-xxx.
Legal Description

Signature _________________ Signature ________________________
John Henry Doe Jane Henrietta Doe


Adress
City, State zip

I posted this because it does not violate any copyright law and is exactly what the above Statute says to do. Does anyone see any way this is in violation of the Statute thus not allowing it to be filed? The cleark of court said their attorney said it could not be filed. I have copied pasted from the Constitution below.

FLORIDA CONSTITUTION

ARTICLE X, SECTION 4. Homestead; exemptions.--

(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person:

(1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner's consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or his family;

(2) personal property to the value of one thousand dollars.

(b) These exemptions shall inure to the surviving spouse or heirs of the owner.

(c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse if there be no minor child. The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law.
History.--Am H.J.R. 4324, 1972; adopted 1972; Am. H.J.R. 40, 1983; adopted 1984.

[iamfreeru2]

I am going to be kicking butt. I have sent a letter to the AG of Florida by formal complaint that my filing has been refused. I have included copy of another filing supplied to me that is proof positive that the filings are being recorded in other County Recorder's offices in the State of Florida. It was sent certified mail return receipt requested and I am sure I will get a response shortly. For those in Florida that are interested contact John Sims and get his material. His contact info is in Service Providers under John Sims thread. It is not only worth it but he will back you up with documentation. I fully expect an about face from the County Recorder soon.

You do not need a land patent to have a homestead in Florida. No lien can attach to the property. Check out John's info you will be glad you did.

iamfreeru2

[iamfreeru2]

The County Recorder is doing an about face on our recording of the DECLARATION OF HOMESTEAD. I got a call from the recorder's office today after receiving my complaint letter to the AG and they explained what we need to do to get it recorded. Once the document is filed no one can take our homestead, not even the MC. Certain ones can put a lien (very few and the IRS is not one of them), but cannot forceably remove us from our Homestead. Thank you, John Sims for this valuable information.

[suijuris]

Awesome Iamfree!

I suspect a success story is in the works... I hope to hear more soon.

[weishaupt1776]

SJ, I believe that homestead laws are in SC, too. Jennings would know.

[iamfreeru2]

I asked John Sims a question:

I would like to know, if you cannot make your house payments and it is foreclosed, whether the property can be sold and you evicted even if house payments not being made. I have a friend that is in this situation. I will be helping him take care of his mortgage, but in the meantime I do not want to see him evicted. I believe they cannot move him out, but if he dies or leaves the MC can sell the house. Am I correct on this?

His answer:

Yes you are correct. If a party has obtained a judgment against another for expenses paid, voluntarily, for mortgage payments, condominium assessments and maintenance, the ‘money judgment’ does not differentiate between that portion of the debt representing a current benefit to a homestead interest, such as current interest on the mortgage, and that portion of a homesteader‘s payments ultimately benefiting only remainderman, such as the principal reductions on the mortgage.[1] I would agree with the opinion of the cited footnote but I also note that the judgment in this case did not involve, and does not purport to be founded on concepts of equitable lien, equitable subrogation or constructive trust, nor did the appellant even claim such relief in the case at hand. The appellant’s money judgment was for voluntary payments, and is not based upon a claim of fraud or a contract obligation between the parties. I also note that there is no reason to apply a different principle here than in a circumstance where an owner of homestead property borrows funds which are subsequently applied to repairs or mortgage payments by the debtor.[2]


[1] See generally Williams v. Williams, 120 So.2d 202 (Fla. 3d DCA 1960). See also, Snow v. Arnold, 132 Fla. 435, 181 So. 7 (1938). The courts have considered, and deem inapposite, Palm Beach Sav. & Loan Ass’n, F.S.A. v. Fishbein, 619 So.2d 267 (Fla. 1993) and Burns v. Estate of Cobb, 589 So.2d 413, 416 (Fla. 5th DCA 1991)

[2] See Perry v. Beckerman, 97 So.2d 860 (Fla. 1957)

All of you that live in Florida should seriously consider filing your Declaration of Homestead if you have not already done so. Contact John and he will supply you with what you need. I will be completing my filing on Monday next week.

Take care,
iamfreeru2

[Jerseee]

Sounds Exciting!!! Can't wait for the Success Story.

[weishaupt1776]

Man, I missed that your filing was denied. I am bringing a third party to file mine this week, so that if they refuse, I will state that a third party witness is going to affirm this situation & we will be contacting the AG.

[iamfreeru2]

Jerseee,

I tell ya this stuff is great. I did not know about this in Florida till someone told me about John under Service Providers. I wouldn't doubt it if Quatloos calls this a scam. Everything lawful is a scam to them. At any rate my Homestead will be filed on Monday.

Weis,

Talking with John, he has never heard of the filings ever being denied except mine. He said it was rediculous and it is Florida Law and cannot be denied. Once I sent the letter to the AG the County called immediately to backtract. They told me they were in the process of getting answers themselves and would get them quicker than I could. One of the things John told me was to remove the reference to Fla. Sta. 222.02 and just use 222.01. Is that what you are doing?

If you have a problem here is the address to send complaints to regarding Clerks of Court as well as sending to AG's office.

Ethics Commission
850-488-7864
P. O. Drawer 15709
Tallahassee, Florida 32312-5709

Got this from a paralegal friend.

[Livefire]

Florida's Homestead Act should be copied in every State constitution!!!!