News & Analysis as of

Homestead Exemption

Florida Homestead Exemption Audits Are Big Business

by Akerman LLP on

Florida Property Appraisers, primarily in the populated coastal counties, are combing the nation for taxpayers availing themselves of any other resident related benefit in addition to their Florida Homestead Exemption. The...more

Real Property & Title Insurance Update: Weeks Ending March 10 & 17, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Coequal Liens: trial court properly authorized tax collector to issue tax certificates subject to community development district’s assessment liens – Villages of Avignon Community Dev. Dist. v....more

Property Tax Exemption Application Deadline Approaches

March 1st is the deadline for filing all property tax exemption applications in the state of Florida. No matter in which of the 67 Florida counties you own property, please be certain that any property tax exemptions you may...more

Massachusetts Bankruptcy Court Finds that Debtor Can Claim an Exemption in Her Home Even if She Does Not Live There

by PretiFlaherty on

In a recent decision, the bankruptcy court for the District of Massachusetts found that a debtor who had not lived at a property for over 30 years could still claim an exemption in that property, even though her principal...more

Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors

by PretiFlaherty on

The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice. The trustee alleged that debtor’s counsel committed malpractice...more

ATTENTION PROPERTY OWNERS: Your Property Tax (TRIM) Notices for 2016 Have Been Mailed To You!

August 23, 2016 By: S. Brendan Lynch Property Appraisers in Florida have now sent out Truth in Millage (TRIM) notices to all property owners, so these notices have either already been received or will be waiting in your...more

Court Affirms Order Requiring Partition of Property Where Fiduciary’s Homestead Argument Failed

by Winstead PC on

In Byrom v. Penn, Byrom was appointed executor of his mother’s estate, and he was later removed as executor for breach of fiduciary duty by using estate funds to build a house for himself. No. 12-15-00033-CV, 2016 Tex. App....more

Debtor May Still Claim Homestead Exemption Even If He Was Kicked Out

by PretiFlaherty on

The bankruptcy court for the Eastern District of New York found that a debtor who was ordered to vacate his home could still claim an exemption in the property. In a divorce proceeding several months prior to the bankruptcy...more

Accountant and Attorney Liability Newsbrief - Spring 2016

by LeClairRyan on

Parties Cannot Alter by Contract the Scope or Grounds of Judicial Review of an Arbitration Award - LeClairRyan shareholders Warren Hutchison and Nancy Reimer scored an impressive victory this spring when the...more

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

Brokerage Account is a Safe Account to Temporarily Hold Homestead Sale Proceeds for Reinvestment [Florida]

by Charles (Chuck) Rubin on

An individual sold his interest in a Florida homestead, and put a portion of the proceeds in two Wells Fargo brokerage investment accounts entitled “Fl. homestead account..” The account was invested in mutual funds and unit...more

Florida: Sun, Fun, and Sand or Back Taxes, Penalties, and Interest?

by BakerHostetler on

Do you own residential property in Florida? Do you also own residential property in another state? Some Florida counties have been cracking down on Florida Homestead exemption fraud, and you might be surprised to find you owe...more

Out of State Homestead Exemption Voids Florida Exemption [Florida]

by Charles (Chuck) Rubin on

Florida exempts a portion of a Florida homestead from ad valorem tax. This could save a taxpayer a few hundred dollars a year. The real economic value to such an exemption is that under Florida's Save our Homes provision, ad...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

The Lesson of In Re: Nealon – Homestead Is a Protection Worth Maximizing

Every Massachusetts homeowner should be aware of the opportunities that are available for protecting the equity in the family home. A recent bankruptcy case, In re: Nealon, reminds us of one such opportunity – the...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 29 & February 5, 2016

by Carlton Fields on

Real Property Update - Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 30 & November 6, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - Eminent Domain: property owners forced to defend against excessive litigation caused by condemning authority entitled to attorneys’ fees: (1) for hours defending excessive litigation, fees should...more

2015 Legislative Update: Summary Of Changes In School Law

by Franczek Radelet P.C. on

ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more

Good News for Secured Creditors and Commercial Lessors in Chapter 13 Cases

A new administrative order was entered by Chief Judge Jennemann in the Middle District of Florida on August 10. The Middle District of Florida stretches from Jacksonville on the east coast, through Central Florida and down...more

Tax Changes Made by Maine's 127th Legislature

by Pierce Atwood LLP on

The Maine Legislature ended its tumultuous session on July 16, 2015. After an advisory opinion by the Maine Supreme Court, we now know which bills actually became law. As usual, a number of significant tax issues were...more

Florida Court of Appeals Reverses Foreclosure of Reverse Mortgage by Expanding the Definition of “Borrower” to Include Surviving...

by Ballard Spahr LLP on

Home equity conversion mortgages, commonly known as “reverse mortgages” are popular loan products in Florida. In order to foreclose on a reverse mortgage, the lender generally must allege that all conditions necessary to...more

Property Tax Notices (TRIM notices) are arriving in your mailbox shortly!

Property Appraisers in Florida will send out Truth in Millage (TRIM) notices to all property owners at some point in the next two weeks. These TRIM notices will show the property tax assessments and market values for 2015,...more

The Ohio Supreme Court Places Limitations on the Ohio Bright Line Income Tax Residency Presumption

by BakerHostetler on

On July 8, 2015, the Ohio Supreme Court found that Ohio nonresidents may not claim the benefit of the Ohio “bright line” presumption of nonresidency for income tax purposes if the taxpayer attests to having a domicile outside...more

Recent Developments Concerning the Right of Redemption Relating to Homestead Property: Act of Apr. 23, 2015, Alabama Senate Bill...

by Burr & Forman on

Under current Alabama law, an interested party (e.g., mortgagor, junior mortgagor, judgment creditor) may redeem real property sold at foreclosure within one (1) year of the date of the foreclosure sale. See ALA.CODE...more

Alabama Homestead and Personal Property Exemptions Increased

by Baker Donelson on

On June 11, 2016, Governor Bentley (Alabama) signed into law ACT No. 2015-484 which became effective that same day. The law increases the personal property exemption available to individual debtors and surviving spouses to...more

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