What is a homestead declaration?

Answer 1

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