Considerations

• Florida homestead laws provide protection for a person's primary residence no matter the value of the property. The property cannot sit on more than a half an acre in the city or 160 acres in a rural area.
  
  

Home Mortgage

• The homestead exemption will not prevent foreclosure on a mortgage loan used to purchase the residence in the first place.
  
  

Taxes

• Florida taxing authorities on the state, county and municipal level can place and foreclose on liens on residential property despite the homestead laws of the state. Homestead has no effect on these types of foreclosures.
  
  

Mechanics Liens

• If improvements are performed on the residence, and the person doing the work places a mechanic's lien on the title, he can foreclose. The homestead laws do not protect against foreclosure of mechanic liens.
  
  

Other Creditors

• Any other creditors who place a lien on homestead property are precluded from foreclosing. The homestead laws of Florida completely prevent any attempt to foreclosure by any other creditor who places a lien on the title. An example is a homeowners association (common in Florida) that places a lien for unpaid association fees.