Homestead Waiver Declared Invalid; Big Win For Florida Homeowners As State Exemption From Forced Sale Dodges Bullet

The homestead waiver is a document in which a homeowner’s spouse relinquishes his or her statuary homestead rights under applicable state law. Some types of contracts, such as mortgages, require the homeowner’s spouse to sign the homestead waiver.This way, should there be a foreclosure; the lender would be able to recoup its losses up to the full loan amount.

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creditors’ claims under the homestead exemption. The homestead waiver protects creditors from not being able to collect money due because of a homestead exemption, but does not necessarily waive inheritance rights or community property/marital property rights, unless those rights are also waived in the waiver.

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The implementing regulations also make it clear that CWEP is a program for AFDC recipients. The regulations state plainly that " t he purpose of these CWEP programs is to provide work experience for AFDC recipients." They also require that CWEP programs be administered by the state’s AFDC office. 45 C.F.R. Secs. 238.01 and .10 (1985).

U.S. Foreclosures Jump 57% as Homeowners Walk Away The Sky isn’t Falling Everywhere Brian Mikelbank. Bloomberg News3 reported that nationally foreclosure filings in March of 2008 were 57% higher than they were during March of 2007. Yet. 3 "U.S. Foreclosures Jump 57% as Homeowners Walk Away," Dan Levy, Bloomberg.com. April 15, 2008 .

Homestead Waiver Declared Invalid; Big Win For Florida Homeowners As State Exemption From Forced Sale Dodges Bullet In Florida, The Associated Press reports: A 1985 amendment to the Florida Constitution does not allow debtors to waive a long-standing ban on the forced sale of their homes to pay off unsecured creditors, the state Supreme Court ruled [last month].

The Florida constitutional homestead exemption offers virtually absolute protection from forced sale to meet the demands of creditors, except under four special circumstances, and should not be confused with the Florida Ad Valorem tax reduction savings, which is a product of the Florida legislature.

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