Sherri Lynn Johnson's Answers

In florida what is the law that allows a homesteaded property to be exempt in bankruptcy?

Article X of the Florida Constitution allows some homestead property (there are limits) to be protected from forced sale.

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Will I lose my homestead exemption if i put my property into a living trust with me as grantor and trustee in Florida?

In order to keep your homestead exemption, the trust would have to give you a present possessory interest in the property (i.e. the right to reside on the property), and you would have to continue to maintain the property as your own permanent residence. This is a tricky issue and you are wise to inquire about it as too many people unwittingly lose their homestead exemption by mishandling the transfer of their property to a trust. For more information on the property tax process, you can...

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Can you sue the tax collector for excessive residential property taxes

If you believe that the Property Appraiser has assessed the value of your property too high, you can contact the Property Appraiser for an informal conference. Or, within 25 days of the mailing of your 2009 Notice of Proposed Property Taxes (which are usually sent out in August), you can file a petition to the Value Adjustment Board. Or you can even go to court. For more information on the process, you may want to visit my blog at propertytaxlaw.wordpress.com. One question that immediately...

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Do we require a Real Estate lawyer regarding homestead exemption in Michigan and Florida?

The most likely reason for the denial of your homestead exemption application is section 196.031(5), Fla. Stat., which provides: 5) A person who is receiving or claiming the benefit of an ad valorem tax exemption or a tax credit in another state where permanent residency is required as a basis for the granting of that ad valorem tax exemption or tax credit is not entitled to the homestead exemption provided by this section. This subsection does not apply to a person who has the legal or...

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Do I have to fill out all questions in a 1.977 fact information sheet?

You are required to answer the questions truthfully and accurately. If you refuse, the judgment creditor's attorney could request a court order compelling you to answer the questions. Or they could take the more expensive route and depose you under oath about your assets. If you want to avoid going through the collection process, you may want to negotiate a payment plan with the creditor. Even after obtaining a judgment, many creditors are still willing to negotiate with the debtor in the...

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I want to buy a house for my son to live in while at college. Can I put his name on (what) so we can get homestead exemption?

There are several ways to handle this. If your son had legal or beneficial title to the property, he could possibly claim it as his permanent residence and receive a homestead exemption in his own right. Or, you could retain title, but claim a homestead exemption on the house if you could establish that your son is legally or naturally dependent on you. However, bear in mind that the Florida Constitution only allows one homestead exemption per family unit. So if you already have a...

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Will we lose our homestead exemption if we leave our Florida property unoccupied ?

If you are moving out of the country, you will lose your homestead exemption, regardless of whether or not the property is occupied. In order to qualify for a Florida homestead exemption, the property must be your permanent residence as of January 1st of the tax year in question. Rental of the property generally constitutes abandonment of the homestead, with some legal exceptions. But even if it is unoccupied, when the homestead renewal notice is returned to the Property Appraiser...

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Can you rent a house that is under homestead exempt?

Florida law requires your homestead property to be your permanent residence as of January 1st. Rental of the property generally constitutes abandonment of the homestead exemption. However, Fla. Stat. 196.061 allows provides an exception for property that is rented after January 1st of the tax year in question, as long as that provision is not used for two consecutive years in a row. The link below is to an article I wrote on my Property Tax in Florida blog, and the article contains links...

How do I get full homestead exemption

If you own the property as tenants in common, you would need to sign a deed changing title, either to yourself as sole owner, or to you and your mother, as joint tenants with rights of survivorship.

Are there any lawyers that can lower my property taxes since the value of my house has drop in deltona florida

If you haven't yet filed either a petition to the Value Adjustment Board or a circuit court lawsuit, it is probably too late to challenge your 2009 tax assessment. Petitions to the value adjustment board must be filed within 25 days of the mailing of the Trim notice by the Property Appraiser. Circuit court lawsuits must be filed within 60 days of either the VAB decision or, if no VAB petition was filed, within 60 days of certification of the tax roll. For more information on the process,...