Sarasota Real Estate Lawyer

Homestead Protection in Florida

The Florida Constitution provides several important protections to homestead property of Florida residents. A homestead property is exempt from a lender's efforts to collect a deficiency judgment by preventing a lien against the homestead and preventing a forced sale of the home.

The law can restrict creditor attachment to properties that have been registered as a homestead. This makes it possible for homeowners to reorganize their debt or enter into negotiations with the bank or lender and avoid eviction and foreclosure. If you were notified of a pending foreclosure action or deficiency judgment then it is in your best interest to contact a Sarasota real estate lawyer. They will help you take the steps to utilize the homestead protections and safeguard your assets.

The Homestead Exemption in Sarasota

There are certain criteria one must fulfill to obtain a homestead exemption including:

  • You must be a permanent resident of Florida
  • The home in question must be your primary residence
  • Only certain mobile homes qualify under the homestead
  • Your deed establishing ownership must be recorded in the Sarasota County Public Records
  • You must hold the title on the property
  • Only individuals qualify - corporations or businesses entities do not

Contact a Sarasota real estate lawyer if you need experienced legal representation using the Florida homestead exemption.