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A Creditor Has Put a Lien On My Homestead. Should I File Bankruptcy?

According to Florida Statute 222, there are only 3 reasons that a lien can be put on your homestead: 1. a mortgage 2. unpaid taxes 3. a contractor’s lien (you contracted for work to be done on your homestead and did not pay). Although this is the law, very often a creditor may put an improper lien on your homestead. To remove the lien, simply file and record a Notice of Homestead with the circuit court in the county in which the property is located. The Notice of Homestead you should use is listed in Florida Statute 222.01. The clerk will mail the Notice to the creditor via certified mail. After 45 days, the lien will disappear.

Although this process removes the lien from your homestead, it does not dissolve your liability to pay the debt so a bankruptcy might still be in your best interest. Speak with a Jacksonville bankruptcy attorney today to assess your specific situation.

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