California’s homestead exemption falls short of full protection for homeowners
California homeowners require greater protection against creditors seeking to force a home sale and seize their hard-earned home equity.
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Tag: homestead exemption
Is occupancy sufficient to establish residency for the purposes of claiming a homestead exemption?
In re Gilman Facts: An owner living in a residential property files for bankruptcy. The owner...
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May a bankruptcy trustee object to a fraudulent homestead exemption claim after the deadline to do so has passed?
A bankruptcy trustee discovers inaccuracies in a homeowner’s claim of homestead exemption after the deadline to object has passed.
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May a homeowner claim the full homestead exemption on a property transferred within the homestead limitation period to an entity they own?
The court determines ownership interest in a property where title is transferred between multiple entities.
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Is a bankruptcy trustee able to recover administrative fees from a debtor’s $75,000 homestead exemption?
Facts: A debtor filed for Chapter 7 bankruptcy. The debtor declared $75,000 of net equity in their...
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Must an owner hold a continuous interest in a property subject to a judgment lien for the lien to be avoided under the homestead exemption?
An owner sought to clear a judicial lien from the title of their property, claiming the property was protected under the homestead exemption since held interest…
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October 2010 RCDs
A digest of recent court cases affecting real estate.
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