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Notice of Homestead

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If you have a judgment against you and you’re looking to sell or refinance your home how do you protect your proceeds once you sell the home? 

There is a process called Notice of Homestead, that allows you to give notice to your creditors that you intend to sell the property, or refinance it, and you are claiming any equity is exempt from their claims. If the creditor does not initiate a lawsuit within 45 days of receiving notice, then you can transfer the property free and clear of any lien.

The notices must be sent by the Clerk of the Court. This process is often necessary and required by the title company if there is a judgment against you and you are attempting to sell or refinance your homestead.

Contact our office to discuss how we can assist you with this process.