222.02
Designation of homestead after levy.
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222.02 Designation of homestead after levy.—Whenever a levy is made upon the lands, tenements, mobile home, or modular home of such person whose homestead has not been set apart and selected, such person, or the person’s agent or attorney, may in writing notify the officer making such levy, by notice under oath made before any officer of this state duly authorized to administer oaths, at any time before the day appointed for the sale thereof, of what such person regards as his or her homestead, with a description thereof; and the remainder only shall be subject to sale under such levy.
History.—s. 2, ch. 1715, 1869; RS 1999; GS 2521; RGS 3876; CGL 5783; s. 3, ch. 77-299; s. 2, ch. 83-40; s. 1196, ch. 95-147.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1968–2025 · leading case: Smith v. American Consumer Finance Corp. (In Re Smith)
Smith v. American Consumer Finance Corp. (In Re Smith) (1982)
“3 Defendant argues that *348 the plaintiff is prevented from claiming her homestead as exempt because she never filed an affidavit of exemption pursuant to § 222.02, Fla.Stat. 4 , prior to the levy of her property by defendant AMERICAN CONSUMER.”
Grant v. Credithrift of America, Inc. (1981)
“On October 22, following the procedure specified by section 222.02, Florida Statutes (1979), Ms.”
In Re Englander (1992)
“” Fla.Stat.Ann. § 222.02 (1989). The statutory process is more complicated in this case because the existing zoning laws of the city of Winter Park prevent the subdivision of the property.”
Michael v. Valley Trucking Co., Inc. (2002)
“Michael also filed an affidavit of homestead pursuant to section 222.02, Florida Statutes, (2001), claiming that the Lake Avenue Property was exempt from levy *215 and sale.”
In Re Fyock (2008)
“Second, Fla. Stat. § 222.02 (2007) provides that rather than before a levy is made, a judgment debtor may still receive the benefits of the Florida Constitution’s homestead exemption after a levy upon the debtor’s home, by simply notifying the Sheriff making the levy that the…”
Sepulveda v. Westport Recovery Corp. (2014)
“After learning of the pending levy sale of his property, Se-pulveda recorded a Notice of Claim of Homestead Real Property by Owner After Levy (“Notice of Homestead”), see § 222.02, Fla. Stat. (2013), 1 on March 1, 2013, approximately two weeks before the levy sale was to take…”
LaGasse v. Aetna Insurance Company (1968)
“F.S. § 222.02 F.S.A. providing for designation of homestead after levy specifically says that such designation may be made "at any time before the day appointed for the sale thereof, * * *".”
Quraeshi v. Dzikowski (In Re Quraeshi) (2002)
“Fla. Stat. § 222.02 . “The purpose of Florida’s homestead provision is to protect families from destitution and want by preserving their homes.”
Weiss v. Stone (1969)
“The appellant responded by delivering a Homestead and Exemption Notice, pursuant to § 222.02 Fla. Stat. F.S.A., to the sheriff, the effect of which was to halt sale and bring the matter before the trial court.”
In Re Donovan (1992)
“” (Although Fla. Stat. § 222.02 does not provide for a homestead exemption, for the purposes of this order the Court will consider the claim of exemption as having been properly made pursuant to Fla.”
Thomas v. Smith (2004)
“§§ 222.02-.04, .061-.07, Fla. Stat. (2003).”
In Re Lisowski (2008)
“01, § 222.02, and § 222.05 of the Florida Statutes.”
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