Friday, August 31, 2007

The Collection Purgatory

A case out of the Ninth District Court of Appeals, Wilcox v. Marriott, states that abstracts of judgment filed before the 1/1/2000 change in the homestead exemption (raising the exemption from one acre to ten acres) do create a lien on property greater than one acre, but executions would have to issue before 1/1/2000 in order to seize the property. So, in essense, the creditor has a valid lien on that land greater than one acre, but it can't do anything with it unless they served a writ prior to 1/1/2000. Thanks to Lisa Fancher of Fritz, Byrne, Head & Harrison for the submission.

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