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If the property is not used as a primary residence of the debtor, if the property has not been properly registered by a declaration of homestead and in rare cases if the titling of the property is 'faulty'. There can be other instances where the homestead exemption cannot be used to protect property depending upon the exact circumstances of the attempted execution of the perfected lien.

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Q: Under what circumstances can a judge set aside a homestead exemption?
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