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Immunity From Paying Debt

 
 
gollum
 
Reply Sun 23 Jul, 2017 02:25 pm
I believe if a Florida citizen defaults on a non-mortgage and owns a home in Florida, a creditor can not put a lien on the house.

Also it the citizen receives a pension, it can't be attached by a creditor.

Is this correct? On what basis?
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jespah
 
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Reply Sun 23 Jul, 2017 03:27 pm
@gollum,
Why would Florida real property owners not have rights? Why would pensioners get a free pass on their debts?
http://www.nolo.com/legal-encyclopedia/judgment-liens-florida-46828.html
https://www.freecreditreport.com/blog/can-lender-garnish-pension-benefits/
gollum
 
  1  
Reply Sun 23 Jul, 2017 04:26 pm
@jespah,
jespah-

Thank you.

See Exhibit 1

I think in Florida there is no dollar limit on the Homestead Exemption.

Also, O.J. Simpson has a pension from the N.F.L. and he owes a huge sum of money to the Goldman family on a judgment. I read that the Goldman's can't attach the judgment I believe in Florida.

Homestead Exemption

An exemption from liability given to all or a portion of a primary residence. In most states, only a portion of the homeowner's equity, such as $20,000, can be protected from a bankruptcy trustee or creditors who wish to sell the home to pay off debts owed by the homeowner. Other states exempt all of a homeowner's primary residence from repayment of debts, and still other states exempt all of a homeowner's primary residence only if it is under a certain size.

Learn more about how this exemption can protect your home equity in bankruptcy.
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