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How do you file a declaration of homestead?

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Quick Answer

A declaration of homestead may be filed in person at the county recorder's office or by mailing a completed application and a check for the fees associated with the process to the recorder's office, according to the Sacramento County Clerk Recorder's office. Completing a declaration of homestead requires the owner to submit a declaration form and have it notarized and recorded by the county clerk's office, according to the L.A. Times.

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Full Answer

A declaration of homestead usually identifies the homestead owner by name, contains a detailed description of the property and establishes the property as the primary residence of the owner, according to the Assessor-County Clerk-Recorder of Riverside County, California. The fee to complete a declaration of homestead varies from location to location and is also based on the number of pages that need to be notarized and recorded, according to the Assessor of Clark County, Nevada.

A declaration of homestead protects the declared property and the land on which it is located from legal claims by creditors pertaining to financial hardship caused by bankruptcy, personal injury, unpaid medical bills, and certain business or personal debt, according to the Assessor of Clark County, Nevada. However, the declaration does not protect the property from tax liens, property foreclosure, IRS liens or the avoidance of alimony and child support payments.

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