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Reversing and claiming Homestead

Ocala, FL |

We are about 4 months into our bankruptcy and it has become clear that we did not claim homestead. Out Trustee sent a buyer unannounced that advised he made an offer on our home and wanted to see it. Oh my... Apparently, we did not understand what we said yes to. I was very clear that we wanted to keep our home and now they are trying to take it. I want to change and claim homestead. What can happen? Can we turn over personal property to the trustee? There is nothing we own inside the home that we cannot live without.

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Attorney answers 5


You need to go see an attorney right away. If one filed your case for you, got to him or her. If you did this on your own, go find one now.

FL exemptions are complex. Your home is potentially at stake. Go get the help you need.


Sounds like you filed without an attorney. This error could cost you your home. Meet with a BK attorney ASAP and take ALL your Bk documents with you. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


You have the right to amend your exemptions. Having foregone the homestead exemption gave you and your wife an additional $8000 "wildcard" exemption, which you will lose if you claim the homestead. It is the default position to avoid claiming homestead where there is no equity in the home. Recently, a new bread of bottom feeders have begun offering trustees nominal sums to buy non-exempt real property. They will typically rent out the property for as long as a foreclosure requires and make back their nominal investment in just a few months.

Once you amend your exemptions, interested parties have 30 days to object to the exemptions, as amended.

Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

Diane L Gruber

Diane L Gruber


But you can't do the amendments yourself. Invest in a competent BK attorney.


You need to amend your papers to add the homestead exempetion ASAP!!!!!! You should seek legal advice from a bankruptcy lawyer IMMEDIATELY!!

Lawrence J. Marraffino
Gainesville Bankruptcy Lawyer
Florida Bar Board Certified Attorney

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.


Your issues are too important now not to hire a lawyer.

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