Beware: For homestead purposes, you can have only one primary residence. Claiming two homesteads would be self-defeating, because the filing of a second Declaration of Homestead invalidates the first Declaration. Filing a Declaration is not difficult. Or you may ask your family attorney to assist. If a married couple owns the home in their names only, or as co-tenants with others, both spouses must sign and record the Declaration. If one of the spouses is not a titled owner, then only the titled owner should sign the Declaration, but you must identify the non-titled spouse who also occupies or intends to occupy the house.
Since a Declaration has to be recorded at a Registry of Deeds, all signatures must be notarized. A Declaration of Homestead cannot be created within a deed. The Homestead Act gives special protection to homeowners who are disabled or elderly. Our bank clients should note that if all of the owners of a primary residence sign a mortgage that includes their residence, the Declaration of Homestead is automatically subordinated to the mortgage.
In addition, under Section 14 of the revised law, in all mortgage transactions, the closing attorney or settlement agent must provide the mortgagor s with a notice of their right to declare a homestead. This notice, receipt of which must be acknowledged in writing by the mortgagor s , shall summarize the differences between an automatic homestead and a declared homestead.
If you take out a mortgage on your home after you file a homestead declaration it will not protect your home from the mortgage company if you do not pay your bill. If you do not make mortgage payments the bank can foreclose and sell your home to get back the money they loaned you. If you sell your home to someone who is not in your family, or you abandon your home, you lose the homestead protection. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program.
Or email a question about your own legal problem to a lawyer. Show Endnotes Hide Endnotes. Your house is protected, up to a certain amount If you own your home, Massachusetts homestead law may protect your home against the claims of many creditors.
The homestead law only protects your home if: You live in the house or plan to live in the house. Manufactured or mobile homes are also protected by this law.
What the Homestead does As long as the mortgage, taxes and condo fees are paid regularly and on time , a Homestead declaration means: A creditor can not auction your home if any of the following people live there: You, Other owners of your home, Family members who live in your home, or Any members of your family who move into your home in the future. Even after you die, the homestead protection still protects these people. Your spouse does not have to have his or her name on the title of the home to be protected.
If your family members have debts, creditors cannot sell your home to get money. Your family inherits the homestead protection while they are living in your home.
Homestead declarations for mobile or manufactured homes are filed with the Registry of Deeds in the county where the home is located, even if there is no deed on record for land. Ask the Clerk for a Declaration of Homestead form. Fill in the Book and Page number of your deed. Ask the Clerk if you need help.
You will need a notary public to witness you signing the form. All owners of the home can sign the homestead declaration but only one owner needs to sign it. Return the completed form to the Registry of Deeds clerk to file the Homestead. What a Homestead does not do The homestead will not protect your property from all debts.
Government taxes, criminal fines, child support or support for a former spouse are priority debts If a lien was put on the house before you filed your homestead declaration, the homestead will not protect your house against that lien. If you have questions, talk to an attorney. What is a Judgment? Feedback Was the page helpful? Easy to understand? Complete with enough details? Please tell us why you did not find this helpful.
It does not answer my question. It is wrong. Disaster relief: You may be eligible for tax relief if your property is damaged or destroyed by a calamity, such as a fire or flooding. For information, call The application form for reassessment, form ADS Exclusion for seniors and disabled: Disabled titleholders or seniors ages 55 or over who buy or construct a residence of equal or lesser value than their original home may transfer the old assessed value to the new home under Propositions 60, 90 and Parent or grandparent with child exclusions: The transfer of real property between parents and children or from grandparents to grandchildren may be excluded from reappraisal under Propositions 58 and For information call: Generally, Proposition 58 states that real property transfers, from parent to child or child to parent, may be excluded from reassessment.
Proposition expands this tax relief to include transfers from grandparent to grandchild. In both cases, a claim must be filed within three years of the date of transfer to receive the full benefit of the exclusion. Similarly, certain transfers to revocable trusts may be exempt from reassessment pursuant to Revenue and Tax Code section Vanitzian is an arbitrator and mediator. Box , Marina del Rey, CA or noexit mindspring. Stocks close higher, but indexes still end week in the red.
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