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Comments by Clients Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Comments by Clients /  

I feel relieved...

Author johnbsims3
Admin 

#1 - Posted: 17 Jan 2009 08:18 
Hello John

I had a hearing. I was granted the continuance of my homestead on a
technicality. Since I kept a locked closet full of personal records and memorabilia it was enough to prove that I didn't abandon the property.

I feel relieved. Besides the update on my situation, I am writing to you again because I would like to use your services to set up homestead protection. If you would like to proceed, please let me know what documents you need and the total fee for this service.

Thank you,

Henri

Author Chris Johnson
Guest 

#2 - Posted: 28 Jan 2009 08:18 
Hi, I am being questioned by property appraiser office regarding my homestead. I completed a form and retrned this week. I still receive mail and live and stay at my homestead but not everyday as I work in another city through the week. I stay with a friend at HIS residence in the other city while working since gas is so high. Quoting from this website "Under Florida Law, a natural person loses his constitutional homestead exemption only if ONE of the three specific and expressly stated exemptions is present." Could someone specify what these are? I am very scared and feel I am in trouble. I did not know that spending time away was illegal. Thanks, Chris

Author johnbsims3
Admin 

#3 - Posted: 28 Jan 2009 11:29 
Chris,

Thanks for signing up on our BBS and I hope you enjoy your research. Spending time away is not illegal. In fact, the law allows it without regard to your employment status or otherwise.

The three exceptions to the law regarding possible loss of homestead exemption are a secured mortgage, property tax lien or a mechanics/contractor's lien.

Click here for a search on this BBS regarding 'extended absence'

http://www.homesteadpropertyexemption.info/index.p hp?phrase=extended+absence&searchType=0&where=0&fo rum=&sDay=17&sMonth=10&sYear=2006&eDay=28&eMonth=1 &eYear=2009&posterName=&action=search&searchGo=1

Author johnbsims3
Admin 

#4 - Posted: 28 Jan 2009 18:52 - Edited by: johnbsims3 
Chris,

I don't mind at all. That's why we are here, to help! Regarding your questions..Answer to #1

1) Although any one factor is not conclusive of the establishment or nonestablishment of permanent residence, the following are relevant factors that may be considered by the property appraiser in making his or her determination as to the intent of a person claiming a homestead exemption to establish a permanent residence in this state:

(1) Formal declarations of the applicant. (Our Declaration process satisfies the NUMBER ONE determination!)

(2) Informal statements of the applicant.

(3) The place of employment of the applicant.

(4) The previous permanent residency by the applicant in a state other than Florida or in another country and the date non-Florida residency was terminated.

(5) The place where the applicant is registered to vote.

(6) The place of issuance of a driver's license to the applicant.

(7) The place of issuance of a license tag on any motor vehicle owned by the applicant.

(8) The address as listed on federal income tax returns filed by the applicant.


Be forewarned that a driver's license or a voters registration is not a valid reason to deny homestead. You can research these search terms on this BBS and find the law on the matter.

Question 2) NO

You have not committed any crime. The old adage that the tax man is correct and you have to prove him wrong applies here...

John

Author Chris Johnson
Guest 

#5 - Posted: 29 Jan 2009 02:46 - Edited by: Chris Johnson 
Thank you thank you John! Regarding the above info some final clarification please.

A) Question? When you say "Place of issuance" this is not the same as having Lic renewed? FL allows renewals at ANY DMV. I renewed tag and corrected Lic. on lunch break in the city I work.

B) Can Tax Appraiser check Credit Report to verify address?

I may never meet you face to face but your time, valuable info and prompt replys have taken the edge off and given me some peace. Thank you, Chris

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I feel relieved...
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