Legal Question in Real Estate Law in California
Can my homestead document help me from being evicted from my property in a red tag dispute? I realize it does not protect me from the fines, but can it at least keep me from being homeless and losing the only asset I have?
There is also a selective enforcement aspect to this, too..
Asked on 9/16/10, 7:02 am
2 Answers from Attorneys
Homestead only means that you get a certain amount of money, after secured lenders and before unsecured creditors, if your home is sold to pay your unpaid debts. Without the homestead exemption both the secured and unsecured lenders would get paid ahead of you. However, the declared homestead only changes the details. There is an automatic homestead exemption even if you do nothing. Unfortunately homestead law has absolutely nothing to do with a red tag dispute.
Answered on 9/21/10, 9:12 am
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