Talk:Homestead exemption in Florida
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Section added
[edit]Hello, just wanted to let my fellow Wikipedia project members know that I added the section "Controversy - Proposed Constitutional Amendment Would Phase Out Save Our Homes Florida" to this page on July 5, 2007. Citations and other links have been verified. Please feel free, if you are a registered Wiki editor and working on this page, to contact me. Missyagogo 22:50, 5 July 2007 (UTC)
PROPERTY APPRAISER CALL CENTER
[edit]They will explicitly tell you in no uncertain terms that you MUST be listed on the title to qualify!
In order convince yourself that it is indeed possible to qualify without actually being listed on the title, I would suggest adding reference to the specific Florida Statute following the wordage "(or the beneficiary of a trust, or a person legally or naturally dependent upon the owner) see Florida Statute Title XIV Chapter 196.041 Extent of homestead exemptions.
here is a copy from the main page...
Obtaining a Homestead Exemption for Property Taxes The elected Property Appraisers of Florida's 67 counties are the state constitutional officers responsible for maintaining the integrity of the homestead tax exemption program. Nobody in Florida "automatically" obtains a homestead exemption. Instead, a homeowner on title (or the beneficiary of a trust, or a person legally or naturally dependent upon the owner) must file for a homestead exemption with the Property Appraiser in the county in which the property is located. While most counties still use paper applications, a few larger counties have offered online homestead filing starting around 2002.
Most of all thanks for the excellent information provided on the Homestead exemption in Florida Wikipedia page!
Flsaisalie 17:01, 6 August 2007 (UTC)
NOTE: The Florida property appraiser also will not change the owner's name unless in their opinion the deed is properly recorded. For example, the property appraiser would not change the name of the investor owner, when the investor recorded but failed to obtain a notary. However, Florida law does not require a deed to be recorded - the recording statute is for the protection of the owner. If you want that protection, you must record. The clerk screwed up in recording without a notary, but that does not invalidate the conveyance. The upshot of this - do not rely on the property appraiser for legal advice!!!
ALSO: EXCEPTIONS to forced sale - Florida courts interpret this strictly. Exceptions are only recognized if they are listed in the constiutution as exceptions. There are ony 3 - not 4 - enumerated exceptions. The way this article was written was misleading and in some cases, untrue. The fourth is not an enumerated exception but merely the law of priority - a lien that pre-dates the establishment of homestead is superior to homestead. That is true for any lien or judgment, not just HOA and condo. The language in most Condos and HOA docs contains language that Florida courts have held to be sufficient to indicate that the lien "relates back" to the date of the original recording of the Declaration of Condominium or Covenants. However, this is not always the case. In some cases, the language is not sufficient, and in that case the HOA or condo lien is not exempt from homestead protection. The 2008 Florida HOA statute included the relation back language, but that statute may apply in only some cases, depending on the date the declaration was recorded. If prior to 2008, it may not apply. — Preceding unsigned comment added by 67.35.126.14 (talk) 23:53, 5 December 2011 (UTC)
Controversy--Proposed Amendment
[edit]I deleted this section, as Amendment One would not phase out "Save Our Homes". Also ciitations/links no longer worked.ObviousShirley (talk) 13:08, 24 January 2008 (UTC)ObviousShirley
suggestion for a possibly notable new article section...
[edit]I've heard rumors that Scott Sullivan, of Worldcom notoriety, used Florida's homestead laws to keep possession of his "dream house". Does anyone know of reliable info on this? Thanks, Rich Peterson 130.86.14.90 (talk) 00:24, 22 July 2008 (UTC)
Question
[edit]How do you know if a house is within a municipality or not? Hanxu9 (talk) 15:52, 30 October 2010 (UTC)
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