new owner did not disclose knowledge of existing homestead declaration filed unlawful detainer & writ of possession
Your question is unclear. An exemption is not available against a VOLUNTARY lien holder (i.e, a mortgage lender). A homestead has nothing to do with an unlawful detainer lawsuit (eviction).
Could you provide more facts please?
Who foreclosed - a lender or a JUDGMENT creditor?
Foreclosure sale price
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4 lawyers agree
Family Law Attorney
When a mortgage is foreclosed upon and the house is sold, you do NOT receive a homestead exemption. Sorry.
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If I am understanding your question, it appears that your home was foreclosed upon and the new owner has executed upon their eviction order against you. If this is so, then unfortunately there is no homestead exemption available for you to claim under these circumstances. Even if you had filed a homestead exemption while you owned the property, if your home repossessed and sold then all you would be entitled is any excess sale money over and above what was owed to the lender including their cost and fees.
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