I doubt you can homestead your house in Orange County. This area in California is very developed and homesteading is for undeveloped areas.
You can file for the Santa Clara County homestead exemption by contacting the Office of the Assessor in Santa Clara County. They will provide you with the necessary forms and information on how to apply for the homestead exemption.
You can find directions to the Orange County Recorder at the link provided below.
The homestead exemption is $35,000 or 50 percent of the value of the home, whichever is lower. You must file in writing in the County Auditor's office.
In some states, the homestead exemption is automatic -- that is, if you live in your house, then the homestead law applies automatically. In other states, you must file a "Homestead Declaration" in order to put potential creditors on notice that the house is your primary residence. If you file the Homestead Declaration, then you are entitled to the protections of the homestead law. If you don't file the Homestead Declaration, then you're not.
You may file a new homestead exemption by following the statutory requirements explained at the link provided below.
No, typically only one person can claim a homestead exemption on a property. It is usually reserved for the primary resident or owner of the property. If you file separately, you would need to decide who is the primary resident or owner eligible for the exemption.
Generally you can only file a homestead for your primary residence. You should check with an attorney before filing another one. The second homestead to be filed may extinguish the first depending on your state laws.
It's not a question of losing the land. It's a question of whether you are entitled to a homestead exemption. Most states do not recognize a camper as the basis for a homestead. Check your state law to see what it allows for homestead and for state exemption and if you have a choice of federal or state exemptions. Then the problemn is how much the land is worth vs. how much the exemption is.
No. The person would file a "motion to convert" and fill out the required forms. The party involved should make certain that they claim all their legal exemptions particularly the Homestead Exemption,(if it's applicable). Some states it is required that the homestead exemption be filed before filing a 7 or it will not be valid.
Hi, That depends on whether you mean Orange County, CA or Orange County, FL. I have attached links containing information to file in Orange County in either state. I'm also attaching a link to a Court Reference site where I found this information. It is really helpful for finding self-help legal information (like how to file small claims actions). You just select your state and then your county from the drop down menu, and you can find all kinds of information related to the trial courts in your county!
The primary meaning of a "homestead" in current real property ownership refers to a "homestead exemption". A homestead exemption is a statutory protection from execution by creditors (up to a certain dollar amount that varies by state) for a property owner's primary residence only. Some states provide automatic homestead protection for the primary residence. Other states require that a separate declaration be recorded in the land records. A homestead exemption does not generally provide any protection for a purchase money mortgage and lenders now have boilerplate language that requires the borrower to subordinate any homestead to their mortgage. Homestead protection varies from state to state.Homestead can also refer to the following:A tax break for home owners offered in certain jurisdictions which sees property tax assessments reduced by a certain percentage as a result of the fact that the taxpayer resides in the property. This may require evidence of the status of ownership to be filed periodically with taxing authority.A homestead is a main dwelling house on a farm along with the adjacent land.A a tract of land whose ownership has been established under the provisions of the United States Homestead Act.Your best bet is to go to your state website and look up homestead exemption so you can get the specific provisions for your state.
If it has some equity but not more than the exemption, and if you are current on your mortgage payments. It may also depend on your state homestead laws. Bankruptcy is a Federal Court action and has nothing to do with State Homestead Laws! Equity is irrelevant to whether you can keep your house. It may affect whether you want to reaffirm the mortgages or not. Bankruptcy law specifically allows states to require their exemptions. Most states require you to use state exemption laws, including state homestead exemptions. A handful of states allow you to choose federal or state exemption laws.