32 equally, homestead position isn't lost every time a debtor leaves the home with no intention of returning but has a superb religion intent to reinvest the proceeds of the foreseeable future sale of your house in a different homestead.33 even so, in Dep’t of profits ex rel. Vickers v. Pelsey, 779 So. 2d 629 (Fla. 1st DCA 2001), funds that a debtor acquired from the commercial lender and which were intended to be utilised to accumulate homestead were not safeguarded underneath the homestead exemption. The court docket observed that no sale of the homestead was associated and, even further, the assets mortgaged to safe the loan was also not homestead.34
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this is simply not idle speculation being an appellate court has tackled this very problem. The reasoning for That is talked over under less than examination of various court docket choices. nevertheless Allow’s look at the statute which is remaining enforced ahead of attending to the courtroom Evaluation. The statute eradicates the Constitutional correct to Florida Homestead exemption for:
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