Facing future liens - Florida Homestead Services -- Florida Homestead Exemption Act MiniBB


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Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / General Postings / Facing future liens

Author	Message

Arthur Member	# Posted: 16 Jan 2010 13:12 Reply I reside in my Florida home. I could not sell property in another state so it was rented. The tenant stopped paying the rent, without the rent I can't afford to make the mortgage payments and HOA fees on the rental property. The rental property is on the market for a short sale. The HOA attorney notified me that liens are being processed to collect. Though I have access in Florida via ATM, my bank accounts were initially opened in the other state where the rental property is. QUESTIONS: Can the HOA attorney place liens against my Florida home? Can the HOA attorney attach and take money from my bank accounts in the other state? If I closed the bank accounts in the other state and opened acconts in a Florida bank can the HOA attorney attach the liens to them? I'd appreciate your input. Thanks.
johnbsims3 Admin	# Posted: 18 Jan 2010 07:06 Reply If the Florida property is your primary residence (homestead) then NO the attorney cannot force the sale of your home via a lien. In Demura vs Volusia County, the court said "Although the statute merely provides that any lien created...may not be foreclosed on real property which is homestead, the Constitution itself goes much farther: No such lien exists as to such homestead property." Regarding the bank accounts, they can not be garnished if you are a Florida resident and also your support dependents (Head of Family status).

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