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FINDLAW: Homestead Exemptions and Forms

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Homestead Exemptions and Forms
What are homestead exemption laws?

Homestead laws were generally designed to protect the home
from creditors, provides the right of occupancy given to a
surviving spouse, minor children, and unmarried children of a
deceased owner and also afford reduced property tax treatment.
When people use the term "homestead exemption" they may be
referring to the tax exemption or reduction, or the exemption
from debts or execution for the payment of debts.

This page only discusses the exemption from debts aspect.
Don't be confused. The exemption does not mean that you
cannot lose your home to creditors or that a lien cannot be placed
on the home. If you borrow money on your home like most people
do, the mortgage holder can foreclose and the exemption has no effect.
If a unsecured (and most lenders are not
registering/attaching/securing/perfecting
mortgage loans properly and so the loans remain unsecured. ALL LENDERS
WILL AUTOMATICALLY CLAIM IN LEGAL DOCUMENTS THAT THEIR
LEIN IS SUPERIOR AND A PRIORITY LIEN OVER ANY OTHERS but that's
just lawyer jargon and you would be wise to do your own research in regards
to what the register of deeds in your county shows as the "chain of title"
on your property. Now, when any unsecured creditor sues you
and obtains a judgment, the creditor can enroll the judgment
as a lien on your property.

However, to the extent that you have a homestead
exemption, the creditor cannot execute on the homestead
and take the home. If you live in a nonjudicial foreclosure
state, if you receive notice of a scheduled sale, you simply
notify the trustee/attorney that you've declared your real
property as your homestead. I've listed the statutes for
each state and the current monetary and land limits for
each state below.

Specific homestead laws vary from State to State. In Texas,
for example, a homestead is not protected from debts owed
to the federal government. The homestead exemption may
be used without filing a recorded claim in some States, while in
others, a designation of homestead may be required. On the other hand,
in virtually every State, in order to receive a homestead tax exemption the property must be designated as such.

In community property States, generally, either separate or
community property may constitute a homestead. Likewise,
in some States, a homestead owner's spouse must join in any transfer
or encumbrance of a homestead. In almost all States, a surviving spouse
is entitled to the sole occupancy of a homestead for life, even though the
property may be owned by someone else, such as were the property is titled
in the husband's name, he dies and leaves the property to his children. Be sure to check the laws of your State.

Homestead exemption forms are usually available from the tax assessor in your county. If not, the tax assessor can provide you with the proper location.

State Laws
These laws are for your information only. You should check the state codes for the most current version. All amounts are stated in general terms as specific variations may apply.
· Alabama - Up to $5,000 in value, or up to 160 acres in area. - Code of Alabama, § 6-10-2
· Alaska - Up to $64,800, no area limitation. - Alaska Statutes, § 09.39.010
· Arizona - Up to $100,000, no area limitation Arizona Revised Statutes, § 33-1101
· Arkansas - Up to $2,500 in value, or at least ¼ acre for city homesteads, 80 acres for rural homesteads Arkansas Code, §§ 16- 66- 210 and 218; Arkansas Constitution Article 9
· California - Up to $50,000 in value. California Code Annotated, §704.730
· Colorado - Up to $45,000 in value, no area limitation Colorado Revised Statutes Annotated, §38-41-201
· Connecticut - Connecticut General Statutes Annotated, § 52- 352b
· Delaware - None - provided Delaware Code Annotated, §4901- 3
· District of Columbia - D. C. provides an exemption equal to owner's aggregate interest in real property (No monetary or area limitations) District of Columbia Code § 15- 501. DC does not call this a homestead exemption.
· Florida - Exemption equal to value of property as assessed for tax purposes (No monetary limitations) - area limitations of ½ acre urban land or 160 acres rural land Florida Constitution, Article 10 § 4
· Georgia - Up to $5,000 in value, no area limitation. Code of Georgia, Annotated, § 44- 13-1 and 44- 13- 100
· Hawaii - Up to $20,000, but the head of a family and persons 65 years of age or older are allowed up to $30,000, no area limitation Hawaii Revised Statutes, §§ 651- 91, 92
· Idaho - Up to $50,000 in value, no area limitation Idaho Code § 55- 1003
· Illinois - Up to $7,500 in value, no area limitation. Where multiple owners, can be increased to $15,000 Illinois Compiled Statutes, Annotated, § 734 5/ 12- 901
· Indiana - Up to $7,500 for residence, up to $4,000 for additional property, no area limitation. Co-owner, if also a joint debtor, may claim additional $7,500. Annotated Indiana Code, § 34- 55- 10-2
· Iowa - No monetary limitation, but a minimum value of $500 - area limitations of ½ acre urban land or 40 acres rural land Iowa Code Annotated, §§ 561.2 and 561.16
· Kansas - No monetary limitation - area limitations of 1 acre urban land or 160 acres rural land Kansas Constitution, Article 15 § 9 and Kansas Statutes, Annotated, § 60-2301
· Kentucky - Up to $5,000 in value, no area limitation Kentucky Revised Statutes, § 427.060
· Louisiana - Up to $25,000, but may include entirety of property in cases of catastrophic or terminal illness or injury. Area limitations of 5 acres urban land or 200 acres rural land Louisiana Statutes Annotated, § 20:1
· Maine - Up to $25,000 in value, but may be up to $60,000 under certain circumstances, no area limitation Main Revised Statutes, Annotated, §4422
· Maryland - Up to $3,000, but in Title XI bankruptcy proceedings, up to $2,500, no area limitation Annotated Code of Maryland, § 11-504
· Massachusetts - Up to $300,000 in value, no area limitation Annotated Laws of Massachusetts, § 188- 1
· Michigan - Up to $3,500 in value - area limitations of 1 acres urban land or 40 acres rural land Michigan Compiled Laws, § 600.6023
· Minnesota - Up to $200,000 in value, but up to $500,000 if used primarily for agricultural purposes- area limitations of ½ acre urban land or 160 acres rural land Minnesota Statutes, Annotated, §510.02
· Mississippi - Up to $75,000 in value - area limitation of 160 acres Annotated Mississippi Code, § 85- 3-21
· Missouri - Up to $8,000 in value, no area limitation Annotated Missouri Statutes, § 513.475
· Montana - Up to $100,000 in value, no area limitation Montana Code, Annotated, §§ 70- 32-101, 70- 32- 104 and 70- 32- 201
· Nebraska - Up to $12,500 in value - area limitation of 2 lots, urban land or 160 acres rural land Revised Statutes of Nebraska, § 40-101
· Nevada - Up to $125,000 in equity, no area limitation Nevada Revised Statutes, § 115- 010
· New Hampshire - Up to $50,000 in value, no area limitation New Hampshire Revised Statutes, Annotated, § 480:1
· New Jersey - No homestead exemption is provided, but an exemption for personal property of up to $1,000 is allowed New Jersey Statutes, Annotated, § 2A: 17- 1 and 2A: 17-17
· New Mexico - Up to $30,000 in value, no area limitation New Mexico Statutes, Annotated, § 2-10-9
· New York - Up to $10,000 above liens and encumbrances in value, no area limitation Consolidated Laws of New York, Annotated, CPLR § 5206
· North Carolina - Up to $10,000 in value, no area limitation General Statutes of North Carolina, Annotated, §1C- 1601 and North Carolina Constitution, Article X
· North Dakota - Up to $80,000 in value, no area limitation North Dakota Century Code, Annotated, § 47- 18- 01
· Ohio - Up to $5,000 in value, no area limitation Ohio Revised Code, § 2329.66
· Oklahoma - Unlimited in value - area limitations of 1 acre urban land or 160 acres rural land. However, where using more than 25% of property for business purpose, the value drops to $5,000. Oklahoma Statutes, Annoted, §§1 and 2
· Oregon - Up to $25,000 in value - area limitations of one city block if within a city or 160 acres rural land Oregon Revised Statutes, § 23.240
· Pennsylvania - No homestead exemption provided, but a general monetary exemption of $300 exists. Pennsylvania Consolidated Statutes, Annotated, §§ 8121, et. Seq.
· Rhode Island - Up to $150,000 in value, no area limitation General Laws of Rhode Island, § 9- 26- 4.1
· South Carolina - Although no homestead exemption is provided, an exemption for personal and real property of up to $10,000 in value may include property claimed as a residence Code of Laws of South Carolina, § 15- 41-30
· South Dakota - No monetary limitation - area limitation of one dwelling house and contiguous lots used in good faith South Dakota Codified Laws, §§ 43-31-1 and 43-31-4
· Tennessee - Up to $5,000, but may be up to $7,500 if claimed by two persons as a homestead, no area limitation Tennessee Code, Annotated, § 26-2-301
· Texas - No monetary limitation - area limitation of 10 acres urban land or 100 acres of rural land if claimed by a single person. A family may claim 200 acres of rural land Texas Property Code, Annotated, §§ 41.001 and 41.002 and Texas Constitution, Article 16 § 51
· Utah - Up to $20,000 in value, but only $5,000 in value if property is not primary residence - area limitation of 1 acre Utah Code, §78-23-3
· Vermont - Up to $75,000 in value, no area limitation Vermont Statutes Annotated, Title 27, § 101
· Virginia - Up to $5,000, but may be increased by $500 for each dependant residing on property, no area limitation Code of Virginia, §34-4
· Washington - Generally, up to $40,000 in value, but may be unlimited if used against income taxes on retirement plan benefits, no area limitation Revised Code of Washington, Annotated, § 6.13.030
· West Virginia - Up to $5,000 in value, but an additional $7,500 may be available in cases of "catastrophic illness or injury," no area limitation West Virginia Code, Annotated, §§ 38-9-1 and 38-10-4
· Wisconsin - Up to $40,000 in value. No area limitation. - Wisconsin Statutes, Annotated, § 815.20
· Wyoming - Up to $10,000 in value. Each co-owner is entitled to a homestead exemption. Wyoming Statutes § 1-20-101

PROMISES ARE ARE LIKE PROMISSORY NOTES! SHOW ME THE NOTE:

WELLS JUST KEEPS TAKING YOUR MONEY
AND THE GOVERNMENTS BAILOUTS
AND THE SEC'S GOODWILL DEDUCTIONS
LURING INVESTORS PURPORTING POOLS OF
PROMISSORY NOTES (OFTEN ALREADY IN DEFAULT)
ALWAYS UNSECURED DUE TO LENDERS DEFAULT
UPON SALE OF THE SECURITY INSTRUMENT
THE ONLY ATTACHMENT THE LENDER HELD
TO ENFORCE WHAT IS NOW CONSIDERED
A WORTHLESS MORTGATE.
A DEBT. NOT AN ASSET.

SO, WHEN ANYONE SAYS
"PROMISSORY NOTE"
MAKE ABSOLUTELY SURE YOU SAY

"SHOW ME THE MONEY!"



Susan Garrett, PCS ODYSSEY HEALTHCARE, INC. 2630 West Freeway, Suite 102Fort Worth, Tx. 76102817-338-1512 phone817-350-3724 cell817-339-2577 fax Susan, First and foremost, my services are free. No contingencies. I'm fueled by the sheer audacity in the predatory tactics Wells Fargo continues to use against homeowners even though they've been convicted and fined for the same tactics over and over. However, the odds are in their favor. Only 19% of homeowners facing foreclosure fight for their rights. Most people don't have the time or financial resources to fight. An uncontroverted fact to these convuluted minions. Please go to the site below. Thank you for the honor you've shown me and other victims of Wells Fargo by sharing your story. Every single story, every single VICTIM who steps up and gives voice to the lies and games Wells Fargo plays in their continued effort to steal homes, helps others. AND, I firmly believe VICTIMS will become VICTORIOUS soon, very soon. I have no doubt Wells Fargo & Co. will be required to mitigate for the damages -- actual, punitive, and emotional -- they have been relentlessly dishing out. http://wfhmcaught.blogspot.com/2009/05/wells-fargo-is-servicer-not-owner-of.html Your story hurts my heart and makes me sick to my stomach. Is your home located in Texas? If so, I currently have several victims in Texas on whose behalf I am pursuing restitution by securing a money judgment and placement in a BETTER home if your own home can not be returned to you. Every state addresses these issues differently, as I'm sure you've been told. And the Texas judicial system is certainly NOT Texan-Friendly. I've contacted Texas Attorney General, Greg Abbott in regards to several other cases where Wells Fargo broke Consumer Protective Statutes under RESPA, TILA, REGULATION Z, etc. I won't know for sure what penalties can immediately be charged against Wells Fargo until I read your original contract, but I'm certain if your contract is similar to others I've seen, Consumer Protective Statutes will have been violated on both the Federal and State Levels which will be a nice start to pursuing full mitigation. If you have no objection to my publishing the details of your story in hopes to help you and others secure reparation from Wells Fargo, please give me your approval by providing answers to the questions I will write in red below the sentence to which it refers. I will have more questions as we progress but lets start here: WRONGFUL FORECLOSURE SUIT Terry and Susan Garrett entered into a mortgage contract with Option One on 05-04-06. Terry Garrett laid off summer of 2007 and got behind on mortgage by 2months. Multiple conversations with Option One resulted in a final re-instatement if we sent in 5500.00 agreed upon 9-3-07 with 3000.00 down and 2500.00 2 weeks later. Payments were sent western union and Option one sends both payments back to us via western union stating we failed to send the 5500.00 and foreclosure had been started. 10-3-07 filed bankruptcy with Weldon Grishams office downtown Ft. Worth . Bankruptcy arrearage payments garnished from my pay check all house payments current. Letter dated 6-10-08 Option one has sold to Wilbur Ross of American Home Mortgage Services as of July 1, 2008 sent payments to AHMSI in Jacksonville Fla. Instead of Option one of Irvine , Ca. Started making all payments to AHMSI in Fla , July/Aug/Sept. payments. 9-28-08 receive letter from Wells Fargo stating foreclosure inspection has been done on property they are the trustees for Option One due to lack of payment house would be sold 10-7-08. Called bankruptcy attorney Weldon Grishams office they have received nothing stating Wells Fargo was owner of note and to not worry pay AHMSI as instructed that is where Tim Truman Chapter 13 trustee was making payments to. 10-7-08 Wells Fargo forecloses on Home 10-14-08 Wells Fargo sells home to other names listed on a trustee deed 10-21-08 I received letter from Wells Fargo’s attorneys’ to vacate, my attorney Weldon Grisham received letter from Wells Fargo’s attorney’s notice of default debtor has until 10-31-08 to cure the debt. 10-28-08 served by constable an eviction citation. 11-06-08 appeared at court to Judge Wayne Hayes presented case and won ruled in our favor due to bankruptcy and no proof of automatic stay lift and my proof of mortgage co. to be American home not Wells Fargo. 11-12-08 served by constable an eviction citation. 11-19-08 appeared to Judge Wayne Hayes JP Court ruled in our favor due to the proof of lift of stay was dated 7-25-08 but was merely a letter not a ruling from the bankruptcy court. 11-24-08 served by constable an eviction citation 12-05-08 appeared to JP Court – substitute judge Jane Choate in for Wayne Hayes, would not let me present case ruled in for plaintiffs as a default judgment due to husband not there only I was present. 12-08-08 Filed a surety appeal bond at the JP Court 12-09-08 approved by Judge Wayne Hayes. 12-10-08 Option one/Wells Fargo 's sent letter from Judge Jerry Buckner to respond within 8 days. No response by Attorney’s for Wells Fargo 12-19-08 Attorneys for Wells Fargo file affidavit in support of eviction Terry , Susan Garrett request default prove- up hearing 1-15-09 1-11-09 Court reset for 1-20-09 for additional findings by the Garrett’s 01-13-09 Terry Susan Garrett file affidavit in support of wrongful foreclosure. 1-20-09 Judge sets a Status Herring. Terry and Susan Garrett appear at court Wells Fargo attorneys fail to show waited over 30 minutes for someone to show. Judge calls attorneys they scramble to get a local attorney to show up so contempt charges are not filed on them. Fill in local attorney requests for the records that he has not been hired by Hughes, Waters/Akansase, Wells Fargo, American Home Mortgage, or Option One and request it be documented as such. And that he has no knowledge of suit. Judge sets Final hearing for 3-10-09 with stiff warning to plantiffs Wells Fargo and party that they have done a lot of wrongful things to these people and they better show up on 3-10-09 01-23-09 Wells Fargo attorneys submit motion to dismiss affidavit in support of wrongful foreclosure 02-02-09 Wells Fargo attorneys submit oral hearing to plea to jurisdiction, judge Buckner denied wait until final hearing. 03-10-09 Susan and Terry Garrett submit memorandum in support of Defendants claims. 3-10-09 Summary judgment granted to Wells Fargo due to Judge Buckner had lack of jurisdiction over Wrongful Foreclosure and my stuff was not admissible in court. This was over a wrongful detainer case. 3-20-09 Today – Susan and Terry Garrett wish to submit an appeal, but not sure if it is even worth it. I have had 2 attorneys tell me I have a case, plus judge Buckner, but I need it on a contingency basis due to both attorneys wanting 5000.00 to take case up front. * 04-08-09 Sadly – we moved out of our dream home and join the world of renting with ruined credit. Susan Garrett, PCS ODYSSEY HEALTHCARE, INC. 2630 West Freeway, Suite 102Fort Worth, Tx. 76102817-338-1512 phone817-350-3724 cell817-339-2577 fax http://www.blogger.com/profile/07447695993101919220http://wfhmcaught.blogspot.com/2009/01/homeowners-be-informed-ask-for-what-you.htmlFrom: Susan Garret To: ctsmyhon@yahoo.comSent: Tuesday, May 26, 2009 3:44:58 PMSubject: Wells Fargo victimp.MsoNormal{margin-left:7.5pt;}WRONGFUL FORECLOSURE SUIT Terry and Susan Garrett entered into a mortgage contract with Option One on 05-04-06. Terry Garrett laid off summer of 2007 and got behind on mortgage by 2months. Multiple conversations with Option One resulted in a final re-instatement if we sent in 5500.00 agreed upon 9-3-07 with 3000.00 down and 2500.00 2 weeks later. Payments were sent western union and Option one sends both payments back to us via western union stating we failed to send the 5500.00 and foreclosure had been started. 10-3-07 filed bankruptcy with Weldon Grishams office downtown Ft. Worth . Bankruptcy arrearage payments garnished from my pay check all house payments current. Letter dated 6-10-08 Option one has sold to Wilbur Ross of American Home Mortgage Services as of July 1, 2008 sent payments to AHMSI in Jacksonville Fla. Instead of Option one of Irvine , Ca. Started making all payments to AHMSI in Fla , July/Aug/Sept. payments. 9-28-08 receive letter from Wells Fargo stating foreclosure inspection has been done on property they are the trustees for Option One due to lack of payment house would be sold 10-7-08. Called bankruptcy attorney Weldon Grishams office they have received nothing stating Wells Fargo was owner of note and to not worry pay AHMSI as instructed that is where Tim Truman Chapter 13 trustee was making payments to. 10-7-08 Wells Fargo forecloses on Home 10-14-08 Wells Fargo sells home to other names listed on a trustee deed 10-21-08 I received letter from Wells Fargo’s attorneys’ to vacate, my attorney Weldon Grisham received letter from Wells Fargo’s attorney’s notice of default debtor has until 10-31-08 to cure the debt. 10-28-08 served by constable an eviction citation. 11-06-08 appeared at court to Judge Wayne Hayes presented case and won ruled in our favor due to bankruptcy and no proof of automatic stay lift and my proof of mortgage co. to be American home not Wells Fargo. 11-12-08 served by constable an eviction citation. 11-19-08 appeared to Judge Wayne Hayes JP Court ruled in our favor due to the proof of lift of stay was dated 7-25-08 but was merely a letter not a ruling from the bankruptcy court. 11-24-08 served by constable an eviction citation 12-05-08 appeared to JP Court – substitute judge Jane Choate in for Wayne Hayes, would not let me present case ruled in for plaintiffs as a default judgment due to husband not there only I was present. 12-08-08 Filed a surety appeal bond at the JP Court 12-09-08 approved by Judge Wayne Hayes. 12-10-08 Option one/Wells Fargo 's sent letter from Judge Jerry Buckner to respond within 8 days. No response by Attorney’s for Wells Fargo 12-19-08 Attorneys for Wells Fargo file affidavit in support of eviction Terry , Susan Garrett request default prove- up hearing 1-15-09 1-11-09 Court reset for 1-20-09 for additional findings by the Garrett’s 01-13-09 Terry Susan Garrett file affidavit in support of wrongful foreclosure. 1-20-09 Judge sets a Status Herring. Terry and Susan Garrett appear at court Wells Fargo attorneys fail to show waited over 30 minutes for someone to show. Judge calls attorneys they scramble to get a local attorney to show up so contempt charges are not filed on them. Fill in local attorney requests for the records that he has not been hired by Hughes, Waters/Akansase, Wells Fargo, American Home Mortgage, or Option One and request it be documented as such. And that he has no knowledge of suit. Judge sets Final hearing for 3-10-09 with stiff warning to plantiffs Wells Fargo and party that they have done a lot of wrongful things to these people and they better show up on 3-10-09 01-23-09 Wells Fargo attorneys submit motion to dismiss affidavit in support of wrongful foreclosure 02-02-09 Wells Fargo attorneys submit oral hearing to plea to jurisdiction, judge Buckner denied wait until final hearing. 03-10-09 Susan and Terry Garrett submit memorandum in support of Defendants claims. 3-10-09 Summary judgment granted to Wells Fargo due to Judge Buckner had lack of jurisdiction over Wrongful Foreclosure and my stuff was not admissible in court. This was over a wrongful detainer case. 3-20-09 Today – Susan and Terry Garrett wish to submit an appeal, but not sure if it is even worth it. I have had 2 attorneys tell me I have a case, plus judge Buckner, but I need it on a contingency basis due to both attorneys wanting 5000.00 to take case up front. * 04-08-09 Sadly – we moved out of our dream home and join the world of renting with ruined credit. Susan Garrett, PCS ODYSSEY HEALTHCARE, INC. 2630 West Freeway, Suite 102Fort Worth, TX. 76102817-338-1512 phone817-350-3724 cell817-339-2577 fax CONFIDENTIALITY NOTICE: The information in this email is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. 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