Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Homestead declaration protects you from unsecured creditors and certain other debts or attachments, but it does not shield you from first or second mortgage lenders and/or equity lenders who possess a security interest in your home.
You can file a declared homestead by taking these steps: Buy a declared homestead form from an office-supply store, or download a form from the Registrar-Recorder's website. Fill out the form. Sign the form and have it notarized.
The Massachusetts Homestead Act is a law under which a homeowner is protected by an Estate of Homestead. A homestead estate provides limited protection of the value of the home, up to $1,000,000, against unsecured creditor claims.
Liens. A “lien” is a legal claim that gives a creditor the right to take your property if you do not repay a debt . A lien can be placed on your home before and after you file a declaration of homestead, but no one can collect on the lien(s) that were placed on your home after you filed a declaration of homestead.
Most states have homestead exemptions except New Jersey and Pennsylvania. Some states have other homestead laws such as provisions that protect surviving spouses from creditors.