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Claims of creditors with regard to mobile homes on leased land

Author johnbsims3
Admin Male

#1 | Posted: 18 Mar 2008 12:14 
The court in Gold v. Schwartz, 774 So. 2d 879 (Fla. 4th DCA 2001) noted that Florida Statutes 222.05 implements the protections under Article X, 4(a) of the Florida Constitution and provides protection against the claims of creditors with regard to mobile homes on leased land.

"We note that while section 222.05, Florida Statutes, is inapplicable to this case because the real estate herein was owned by the decedent, that statutory provision, which allows a homestead exemption for mobile homes on leased premises, but omits similar protection to mobile homes on land owned by the debtor, lends credence to the conclusion that property of this nature falls squarely within the constitutional definition of homestead, for it is unlikely that the legislature would provide protection for mobile homes on leased premises if similar protection were not already available to mobile homes on premises owned by the debtor."

Id. at 881. In Gold v. Schwartz, the personal representative sought a determination that the decedent's mobile home passed to the decedent's heir free from the claims of creditors. The court looked to 222.05 in defining homestead in the probate context under Article X, 4(a).
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Florida Exemptions, Laws and Statutes Florida Homestead Services - Florida Homestead Exemption Act Forum / Florida Exemptions, Laws and Statutes /
Claims of creditors with regard to mobile homes on leased land
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