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Author johnbsims3
Admin Male

#1 | Posted: 10 Dec 2006 07:18 

Trial court erred by stating in judgment that town's code enforcement lien shall remain upon real property until property is sold, a owner of homestead property is entitled to invest proceeds into another homestead within a reasonable time. Fong v. Town of By Harbor Islands, 864 So. 2d 76, 29 Fla. L. Weekly D55 (Fla. 3d DCA Dec. 24, 2003).

Portion of contiguous land on which owner operated a mobile home park was part of owner's homestead exempt from creditors as constitutional provision limiting protection to residence only applies to property located within a municipality. Davis v. Davis, 864 So. 2d 458, 29 Fla. L. Weekly D49 (Fla. 1st DCA Dec. 24, 2003).

Trial court erred in granting summary judgment in favor of real estate agent in breach of fiduciary and breach of loyalty claims as there were genuine issues of material fact concerning whether a fiduciary relationship had been established, whether plaintiff had a homestead interest, and whether agent made statements and committed acts which would have violated a position of trust. Bloch v. Teri Gevinson, P.A., 855 So. 2d 729, 28 Fla. L. Weekly D1890 (Fla. 4th DCA August 13, 2003).

Trial court erred in granting summary judgment imposing an equitable lien on homestead property and in awarding attorney's fees and costs as defendant's admission that he deposited money he received from plaintiff in a personal bank account which was used to pay property for property taxes and some small improvements did not make it clear whether the money obtained was the only source of money in the account. Low Cost Auto Pawn, Inc. v. Greco, 851 So. 2d 768, 28 Fla. L. Weekly D1503 (Fla. 2d DCA June 27, 2003).

Article VII, section 4 of the Florida Constitution, which places a cap on the increased in the assessed value of homestead, is not limited to those who have applied for homestead exemption, but rather applies to all those who qualify and are entitled to homestead exemption. Powell v. Markham, 847 So. 2d 1105, 28 Fla. L. Weekly D1448 (Fla. 4th DCA June 18, 2003).

Writ of prohibition granted to overrule judge's granting leave to amend to add challenge of denial of homestead exemption for year 2001 as challenge to assessment was not timely filed pursuant to section 194.171 and relation back doctrine was not applicable. Page v. McMullen, 849 So. 2d 15, 28 Fla. L. Weekly D767 (Fla. 1st DCA March 18, 2003).

The 2001 amendment to section 193.155(8)(a) supersedes the decision in Smith v. Welton, 729 So. 2d 371 (Fla. 1999) and authorizes a property appraiser to place a back assessment on improvements to a property owner's homestead that had escaped assessment for the previous three years. Robbins v. Kornfield, 834 So. 2d 955, 28 Fla. L. Weekly D264 (Fla. 3d DCA Jan. 22, 2003).

A 501(c) nonprofit organization operating a home for the aged is entitled to homestead exemption from ad valorem taxes without regard to the "charitable" use of the property. Fairhaven South, Inc. v. McIntyre, 793 So.2d 110 (Fla. 2d DCA 2001).

A solely owned Chapter S corporation is not entitled to homestead exemption from ad valorem taxation. Prewitt Management Corp. v. Nikolits, 795 So.2d 1001 (Fla. 4th DCA 2001).

Article X, section 4 exempts a Florida homestead where the debtor acquired the homestead using non-exempt funds with the specific intent of hindering, delaying or defrauding creditors in violation of sections 726.105, 222.29 or 222.30, Florida Statutes. Havoco of America, Ltd. v. Hill, 790 So.2d 1018 (Fla. 2001).

The grantor of property into a qualified personal residence trust in which she retained right to reside on property for eight years has sufficient equitable interest to entitle her to the homestead exemption from ad valorem taxes. Nolte v. White, 784 So.2d 493 (Fla. 4th DCA 2001).

Decedent's devise of homestead property to her niece and to her previously deceased husband's brother and two nieces was exempt from creditor's claims as the recipients were persons designated to inherit in the event of intestacy pursuant to section 732.103. Moss v. Estate of Moss, 777 So.2d 1110 (Fla. 4th DCA 2001).

A mobile home permanently affixed to real estate may be homestead which can pass to the decedent's heirs free of claims of decedent's creditors pursuant to article X, section 4(b) of the Florida Constiution. Gold v. Schwartz, 774 So.2d 879 (Fla. 4th DCA 2001).

Criminals who use the proceeds of illegal activity to purchase a homestead can claim the homestead exemption of Article X, Section 4 of the Florida Constitution from civil forfeiture proceedings. Tramel v. Stewart, 697 So.2d 821 (Fla. 1997). The Court noted the legislature was powerless to change this, and called this issue to the attention of the Constitutional Revision Commission.

The attorney's fees and costs associated with a construction lien case can create an enfoceable lien against the owner's homestead. A subcontractor who serves an untimely notice to owner may still be entitled to a monetary judgment on a quasi contract theory. Zalay v. Ace Cabinets of Clearwater, Inc., 700 So.2d 15 (Fla. 2d DCA 1997).

The constitutional exemption from forced sale (Article X, Section 4) applies to property devised to any person who could potentially receive the property under the intestacy statutes (section 732.103(1) and 732.401(1), Florida Statutes) and not just those who would inherit. In this case the Court held the exemption applied where the decedent devised her homestead to her grandaughter even though she was survived by an adult son. Snyder v. Davis, 699 So.2d 999 (Fla. 1997).

General contractor's judgment for quantum meruit is not enforceable against homestead property as it is not an obligation contracted for. Cross v. Strader Construction Corp. , 768 So.2d 465 (Fla. 2d DCA 2000).

Homeowners' Association could foreclose upon homestead property based upon amended Declaration that provided fines would be treated as assessments for purposes of collection. Zerquera v. Centennial Homeowners' Association, Inc., 752 So.2d 694 (Fla. 3d DCA 2000).

Author johnbsims3
Admin Male

#2 | Posted: 5 Jan 2007 09:12 
More real property law cases. Not necessarily homestead related.
Real_Property_Law_ca.zipAttached file: Real property cases

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