CopyCited 153 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 2781, 2011 WL 476875
victim's bodily integrity. E.g., Model Penal Code § 222.1(1) ("A person is guilty of robbery if, in the course
CopyCited 20 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 4759
...Petition for Relief under Chapter 7 in this Court. On their Schedule B-4, property claimed as exempt, the Debtors listed a piece of real property located in Hernando County and claimed that property as their homestead exemption pursuant to Fla.Stat. § 222.01 et seq....
CopyCited 15 times | Published | United States Bankruptcy Court, N.D. Florida | 21 Fla. L. Weekly Fed. B 284, 2008 Bankr. LEXIS 1237, 2008 WL 1868074
...t was required to make it his homestead, for it was already such in fact"); see Grant v. Credithrift of America, Inc.,
402 So.2d 486, 488 (1st DCA 1981) (concluding that a debtor's failure to file a pre-levy designation of homestead under Fla. Stat. §
222.01 does not preclude the debtor from asserting the constitutional homestead exemption)....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 56 Collier Bankr. Cas. 2d 456, 2006 U.S. App. LEXIS 16972, 2006 WL 1868312
...Chauncey also denied any intent to deceive,
defraud or hinder her creditors.
Chauncey filed her bankruptcy petition on December 31, 2002. She claimed
her home as her homestead and as exempt under 11 U.S.C. § 522(b), Fla. Const. Art.
10, § 4(a)(1), and Florida Statute §222.01 (2003)....
CopyCited 10 times | Published | United States Bankruptcy Court, S.D. Florida. | 1990 Bankr. LEXIS 2014
...debtor's homestead exemption is not impaired. Finally, the creditor also argues that the debtor is not entitled to the homestead exemption as the debtor has not produced any evidence that she has made a proper designation of homestead as required by section 222.01, Florida Statues....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2007 WL 1263788
..."moot" due to Westport's having no further interest in the Gentiles' homestead claims as to the *752 property. The court also denied Westport's motion for summary judgment. We note that at no time has Westport asserted any claim as to the Gentiles. Section 222.01, Florida Statutes, Designation of Homestead by Owner Before Levy, provides, in relevant part: A lien pursuant to chapter 55 of any lienor upon whom such notice is served, who fails to institute an action for a declaratory judgment to d...
...ays after the filing in the public records of the notice of homestead. This subsection shall not act to prohibit a lien from attaching to the real property described in the notice of homestead at such time as the property loses its homestead status. § 222.01(4), Fla....
...ce the property was sold. Westport has made no allegation and offered no evidence that it had suffered or would suffer a special injury, but has only argued it has standing because of the possibility of a future action by the Gentiles or Midas under section 222.01, or an action to set aside the sale....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...705, 713,
35 L.Ed.2d 147, 161 (1973); Ocala Star Banner Corp. v. Sturgis,
388 So.2d 1367, 1369 (Fla. 5th DCA 1980). Chapter 222 implements Florida's constitutional [2] protection against forced sale of homestead property to satisfy judgment creditors. Before levy, §
222.01 provides that a property owner "may" make a signed, written declaration that certain property qualifies as homestead and record this declaration in circuit court....
...However, she did comply with the procedures under §
222.02 before the scheduled October 31 sale. Section
222.02 provides: Whenever a levy is made upon the lands ... of such head of a family whose homestead has not been set apart and selected [under §
222.01] such person ......
...he sale thereof, of what he regards as his homestead, with a description thereof, and the remainder only shall be subject to sale under such levy. (emphasis added) Ms. Grant's failure to file a "preventive" [3] prelevy designation of homestead under §
222.01 [4] does not preclude her from asserting homestead rights once she receives word that her home is about to be auctioned off to strangers to satisfy a debt. Absent notice that we are in need of this protection against forced sale of our homes, few of us are likely to travel down to the courthouse and make a §
222.01 designation just in case it might prove handy some day. Compliance with either statute recording a prelevy designation in circuit court under §
222.01 or filing a postlevy sworn statement with the levying officer under §
222.02 is effective to set apart and designate one's homestead....
...Appellee Credithrift likewise declined to participate through counsel, stating that it was not involved in the controversy raised on appeal. [2] Art. X, § 4(a), Fla. Const. [3] Maines & Maines, Our Legal Chameleon Revisited: Florida's Homestead Exemption, 30 U.Fla.L.Rev. 227, 284 (1978). [4] Section 222.01, Fla....
CopyCited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 289, 2000 Bankr. LEXIS 893, 2000 WL 1195529
...---------------- *803 ----------------------------------------------------------------------------------------------------------------------- Homestead Property Located at Art. 10, § 4(a)(2), FSA 116,000.00 116,000.00 3465 Thalia Road, Jacksonville §
222.01,
222.02 Beach, FL ------------------------------------------------------------------------------------------------------------------------ Lady's Jewelry Art....
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida.
...The Debtor further testified that the payment to Chase allowed her to lower the monthly payment on the Mortgage. The Debtor filed her bankruptcy Petition on December 31, 2002. The Debtor claimed her home as her homestead and as exempt under 11 U.S.C. § 522(b), FLA. CONST. Art. 10, § 4(a)(1) and FLA. STAT. § 222.01 (2003)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1968 Fla. App. LEXIS 5136
...he regards as his homestead, with a description thereof * * *". Thus, she availed herself "of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law", quoting from F.S. § 222.01, F.S.A....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
161 So. 381; Restatement of the Law, Trusts 2d, § 222; 1 Thomas, Florida Estates Practice Guide, Chap.
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 7 Fla. L. Weekly Fed. B 340, 1993 Bankr. LEXIS 2013, 1993 WL 553972
...On January 8, 1993, the Debtors filed a voluntary Petition for Relief under Chapter 7 of the Bankruptcy Code. In their Schedule C, the Debtors claimed the Port Charlotte property and certain personal property as their homestead exempt from administration, pursuant to Article X, Section 4 of the Florida Constitution and § 222.01, et seq....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 148, 1995 Bankr. LEXIS 1400
...This exemption was amended on May 4, 1995 to assert a claim of exemption under Florida Statute §
222.14. The Debtors also list the property at 240 Captains Walk, # 501, Delray Beach, Florida valued at $220,000.00 as being exempt as homestead pursuant to Florida Statute §
222.01....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1981 Bankr. LEXIS 2789
...The money owed to the Bank was not a purchase money mortgage on the property in question. The Debtors allege that the Bank's lien on the homestead property of the Debtors impairs the exemption to which the Debtors would be entitled under 11 U.S.C. Section 522(f) and Florida Statute 222.01 et seq....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 46 Collier Bankr. Cas. 2d 581, 2000 Bankr. LEXIS 1825, 2000 WL 33255497
...Debtor listed as his mailing address, 7890 Normandy Blvd., Jacksonville 32221, a retail establishment. On April 14, 2000, Debtor filed his schedules. (Doc.11.) In his Schedule C, Debtor lists the boat and personal property aboard as exempt under Art. 10, § 4(a)(1) of the Florida Constitution and §§
222.01,
222.02, and
222.05 of the Florida Statutes, "per case law." According to Schedule C, Debtor has no equity in the boat....
...ebtor used the boat as a permanent residence or not. II. PERSONAL PROPERTY ABOARD THE BOAT: EXEMPT? Neither party presented any credible evidence as to whether or not the personal property aboard the boat qualified as exempt under Article X, § 4 or § 222.01....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 407, 2008 Bankr. LEXIS 2029, 2008 WL 2900952
...at the time of the bankruptcy filing. However, the State law exemption scheme of Chapter 222 as a whole, and allows a judgment debtor to receive the benefits of the State Constitution's homestead exemption in one of two ways. First, under FLA. STAT. § 222.01 (2007), a judgment debtor may file a Notice of Homestead in the county records prior to any levy upon the debtor's residence....
...operty *886 levied upon is the debtor's homestead. FLA. STAT. §
222.25(4) is referring to when it includes the phrase, "receive the benefits of a homestead exemption," since the debtor is hot actually claiming a homestead exemption as in FLA. STAT. §
222.01, but is still receiving the benefits of it since notifying the Sheriff prevents the home from being sold....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 129457
the theft had the need arisen." Model Penal Code § 222.1, comment at 104 (1980). Based on the language of
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 19 Fla. L. Weekly Fed. B 327, 2006 Bankr. LEXIS 989, 2006 WL 1581903
...ct between the Federal Exemptions established by Section 522(d) and the exemptions available under state law, which in Florida is limited to the exemptions available under Article X, Section 4 of the Florida Constitution and the statutory exemption, Section 222.01 et seq....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 2119203
...tgage. Id. The trial court found that Balk had a lien to secure payment of the monetary obligation and ordered the property be sold free and clear of any claims of Schaller. Id. Schaller then filed a verified notice of homestead property pursuant to section 222.01, Florida Statutes (1995), and filed his own lawsuit seeking declaration of the property as homestead property and to enjoin its sale....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 7 Fla. L. Weekly Fed. B 110, 1993 Bankr. LEXIS 700
...by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or his family . . . Florida Statute § 222.01, titled "Designation of homestead by owner before levy", states "whenever any person residing in this state desires to avail himself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 3291766, 2014 Fla. App. LEXIS 10515
...determination can be made by a county court, or rather, whether section
222.10
grants exclusive jurisdiction to the circuit courts of Florida to determine whether
property shall be exempt from a forced sale once a Notice of Homestead is filed
pursuant to section
222.01 or
222.02.
I....
...1912)).
Chapter 222 of the Florida Statutes further clarifies the constitutional
homestead protection by explaining the process by which an owner or lessee of
real property can declare his or her homestead rights and prevent an execution of
judgment (i.e., a levy sale) against the property. “Sections
222.01 and
222.02
provide a means whereby a person may claim property as homestead and notify
judgment creditors of the property’s exempt status under article X, section 4, either
pre- or post-levy.” Osborne, 55 So....
...975, 975 (Fla. 1917)).
8
be exempt, is so exempt . . . .” Thus, section
222.10 will apply in every case where
a creditor is attempting to levy against property where a claim of homestead has
been filed under section
222.01 or section
222.02.5
These prerequisites were clearly met on these facts....
...homestead exemption claims
The relevant jurisdictional provision, section
222.10, provides, in full:
5 Section
222.10 may even apply to homeowners who intend to protect their
property, but do not properly claim the homestead exemption under sections
222.01 or
222.02. See Osborne,
55 So. 3d at 583 (stating that the failure to strictly
comply with
222.01 and
222.02 does not waive a homeowner’s homestead rights).
9
The circuit courts have equity jurisdiction upon bill filed by a
creditor or other person interested in enforcing an...
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 18 Fla. L. Weekly Fed. B 144, 2005 Bankr. LEXIS 148, 2005 WL 419417
...on (d) of this section, unless the State law that is applicable to the debtor under paragraph (2)(A) of this subsection specifically does not so authorize..." Florida opted out from the newly created specific federal exemptions with the enactment of Section 222.01 of the Florida Statutes....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2001 Bankr. LEXIS 392, 2001 WL 455568
...ebtors' valuation of the properties claimed as exempt was improper and that the total claim of exemption of personal property, including the vehicles, was substantially in excess of the exemption available under the Constitution and under Fla. Stat. § 222.01, et seq....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 516, 2008 Bankr. LEXIS 2749, 2008 WL 4602314
...The Homestead Property was not listed on the Debtor's Schedule of Personal Property (Schedule B). On his initial Schedule of Property Claimed as Exempt (Schedule C), the Debtor claimed his interest in the Homestead Property as exempt pursuant to article X, section 4(a)(1) of the Florida Constitution, and §
222.01, §
222.02, and §
222.05 of the Florida Statutes....
...On October 30, 2007, the Debtor filed his first Amended Schedule A, Amended Schedule B, and Amended Schedule C. (Doc. 8). On his first Amended Schedule C, the Debtor again claimed his Homestead Property as exempt pursuant to article X, section 4(a)(1) of the Florida Constitution, and §
222.01,
222.02, and
222.05 of the Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 16852, 2002 WL 31507261
...ing the address of the person who has a lien as a result of such judgment, order, or decree. First Union National Bank recorded three judgments against Lynn Smith, complying with all requirements of the statute. Subsequently Smith availed herself of section
222.01, Florida Statutes (2001) which provides a method for a property owner claiming a homestead exemption to have the court determine if a judgment which has been recorded under section
55.10 prevails over the homestead claim. In accordance with section
222.01 Smith served notice to First Union, which then had forty-five days in which to seek declaratory relief as to the homestead status of the property....
...1 FARMER, J., and LEVIN, STEVEN J., Associate Judge, concur. . The statute under which Smith was proceeding required her to send notice of her claim for homestead exemption to "the address shown in the most recent recorded judgment or accompanying affidavit.” § 222.01(3)....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 21 Fla. L. Weekly Fed. B 774, 2009 Bankr. LEXIS 1338, 2009 WL 1634880
...In this case there is no conflict between the provisions of the Bankruptcy Code and the Consumer Credit Protection Act. Florida long ago opted out of the federal exemption scheme in favor of utilizing its own exemptions. The exemptions available to Floridians are generally found in Fla. Stat. § 222.01 et....
CopyPublished | United States Bankruptcy Court, N.D. Florida | 22 Fla. L. Weekly Fed. B 720, 2011 Bankr. LEXIS 2019, 2011 WL 2162911
...Facts The facts in this case are undisputed. The Debtor filed his voluntary Chapter 7 *582 petition on May 7, 2010. On his Schedule C, the Debtor listed a bank account at Wakulla Bank as exempt under Section 4, Article X of the Florida Constitution, as well as Fla. Stat. Ann. §§
222.01,
222.02, and
222.05, with the notation "proceeds from the sale of Debtor's homestead residence located at 3 Irvin Langston Road, Crawfordville, Florida ("Langston Property")." (Doc....
...perty, when he began renting out the property. CCB also contends that he failed to re-establish his homestead in the Langston Property when he moved back in sometimes in 2007 by failing to use the legislative mechanisms as provided for by Fla. Stat. § 222.01....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 387, 1995 Bankr. LEXIS 302
...n the Florida property. On March 25,1994, the Trustee filed an objection to the amended schedule. On March 6, 1994, there was a second amendment by the Debtor of their Schedules B and C and again claimed the items referred to earlier under Fla.Stat. § 222.01 et....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
provision of law. Pertinent to your inquiry, section
222.01(1), Florida Statutes, states: "Whenever any
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1984 Bankr. LEXIS 6173
...d/b/a Community Hospital of New Port Richey (Hospital), an unsecured creditor of Betty J. Gottling, the Debtor in the above-styled Chapter 7 case. The Hospital seeks the entry of an order disallowing the exemptions claimed by the Debtor pursuant to Art. X, § 4, Fla. Const, and § 222.01 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
victim’s bodily integrity. E.g., Model Penal Code § 222.1(1) (“A person is guilty of robbery if, in the course
CopyPublished | Florida 4th District Court of Appeal
...operty subject to the lien was
her homestead. But under Article X, section 4 of the Florida Constitution,
one of the exceptions to the exemption from the forced sale of a homestead
is “for the payment of taxes and assessments thereon[.]” Indeed, section
222.01, Florida Statutes (2016), which allows an owner to make a
designation of homestead before levy, does not apply to “[l]iens and
judgments for the payment of taxes and assessments on real property.” §
222.01(5)(a), Fla....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
...families even when there are just demands for debt. 1 It is the intent of the person to make the property his or her permanent residence which determines whether the property qualifies as a homestead for purposes of protection from a forced sale. 2 Section
222.01 , Florida Statutes, provides a manner to establish homestead for purposes of debt protection prior to there being a levy and, section
222.02 , Florida Statutes, provides for the filing of an affidavit to establish homestead for purposes of debt protection after a levy has been made....
