Legal Question in Civil Litigation in Florida

can your home be confiscated from you in florida if you own the home outright or it has a mortgage on it if. so under what circumstances can it be done.is it different if it is a criminal suit or a civil suit


Asked on 1/07/13, 6:24 am

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

Your home is protected by Florida homestead laws if it is your sole residence. With the exception of mortgage foreclosure and tax sales, the house can not be taken from you in a suit (there are provisions related to the house being used for commission of crimes like a drug house which could allow the government to seize the home).

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Answered on 1/07/13, 6:28 am
David Slater David P. Slater, Esq.

If it qualifies as your "Homestead", generally not. There are exceptions.

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Answered on 1/07/13, 8:02 am


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