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Re: When homestead rights apply.

Posted by Ward-CA- on September 27, 2001 at 5:33 PM

In Reply to: homestead posted by Mike on September 27, 2001 at 10:53 AM

: During my research I have come across a document called a "Homestead declaration". What is the significance of filing this document and how does it affect the liability of the property owner, the rights of the beneficiary of a trust deed, or the rights of a successful bidder at a trustee auction?

: During my research I have come across a document called a "Homestead declaration". What is the significance of filing this document and how does it affect the liability of the property owner, the rights of the beneficiary of a trust deed, or the rights of a successful bidder at a trustee auction?

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Mike, in most states a homestead filing protects a homeowner’s equity from the judicial foreclosure of an involuntary lien.— a lien that attaches against the homeowner’s title by operation of law (see link below). It does nothing to impair any rights of a beneficiary under a trust deed or those rights of a new owner-by-trustee’s sale.


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