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What is a homestead declaration?

Updated: 9/13/2023
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A homestead law protects homeowners from losing their homes to creditors. Homestead laws vary widely among different states. In Florida and Texas, the homestead laws prevent anyone (except mortgage lenders) from foreclosing on a homeowner's primary residence. In New York, the homestead law permits creditors to foreclose on a homeowner's home, but the homeowner is entitled to keep the first $50,000. In Massachusetts, the homeowner gets to keep the first $500,000 - which means, as a practical matter, no one is going to foreclose on a home worth $499,000 or less in order to collect a debt.

In some states, the homestead exemption is automatic -- that is, if you live in your house, then the homestead law applies automatically. In other states, you must file a "Homestead Declaration" in order to put potential creditors on notice that the house is your primary residence. If you file the Homestead Declaration, then you are entitled to the protections of the homestead law. If you don't file the Homestead Declaration, then you're not. You can get a lot of valuable info on this subject at www.homesteadus.com

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Who benefits the most by the inclusion of a subordination clause in a mortgage?

It depends on what is being subordinated. Generally, the lender. Homestead exemptions are often subordinated to a mortgage and that benefits the lender.It depends on what is being subordinated. Generally, the lender. Homestead exemptions are often subordinated to a mortgage and that benefits the lender.It depends on what is being subordinated. Generally, the lender. Homestead exemptions are often subordinated to a mortgage and that benefits the lender.It depends on what is being subordinated. Generally, the lender. Homestead exemptions are often subordinated to a mortgage and that benefits the lender.


Can creditors take your home?

States establish laws that determine what real and personal property can be attached or seized and sold by a judgment creditor. All states have a homestead exemption that will usually protect the property from a forced sale. The larger the amount of equity that the debtor has in the home makes it more susceptible to a forced sale of the property. Several states by statute do not allow a forced sale of a primary residence (Texas is one) and a forced sale is not possible of property owned as Tenancy By The Entirety by a married couple when only one spouse is the debtor. It is extremely important that the homeowner be aware of the amount of homestead exemption for their state and the governing laws. In some states the homestead exemption is automatically included in state laws relating to creditor action. In many states, however, a homestead declaration must be filed with the city or county recorder's office for a homestead exemption to be valid. In addition, creditors cannot seize any property belonging to a debtor without due process of law (lawsuit or arbitration). The exception is the filing of a Mechanic's lien for improvements or repairs done on the property itself. Mechanic's liens cannot be implemented as a forced sale of a primary residence.

Related questions

Do you need a Declaration of Homestead if you rent?

No--a Declaration of Homestead is for homeowners only.


What is the difference between Homestead Exemption and Homestead Declaration?

In some states, the homestead exemption is automatic -- that is, if you live in your house, then the homestead law applies automatically. In other states, you must file a "Homestead Declaration" in order to put potential creditors on notice that the house is your primary residence. If you file the Homestead Declaration, then you are entitled to the protections of the homestead law. If you don't file the Homestead Declaration, then you're not.


Where can you find out about Homestead Declaration for Vermont?

The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com


Where can you find out about Homestead Declaration for Utah?

The best site to find answers to Homestead Declaration for Utah is at www.HomesteadUS.com


Where can you find out about Homestead Declaration for Minnesota?

The best place for answers as well to download the Minnesota Homestead Declaration form is at www.HomesteadUS.com


Where can you find out about Homestead Declaration for New Mexico?

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Where can you find out about Homestead Declaration for Wisconsin?

The best all around place for answers as well to download the Wisconsin Homestead Declaration form is at www.HomesteadUS.com


Where can you find out about Homestead Declaration for Maine?

The best all around place for answers as well to download the Homestead Declaration form for 46 states is at www.HomesteadUS.com


Where can you find out about Homestead Declaration for Alaska?

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Where can you find out about Homestead Declaration for Connecticut?

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