Designation of Homestead Helps Single Mother Save Her Home.DALLAS--(BUSINESS WIRE)--May 17, 1999-- It had been a messy divorce. Sarah had finally gotten up the nerve to leave her abusive husband after 10 agonizing years. Bart hadn't always been that way and it wasn't until they had been married almost a year that he first hit her. Sarah had been raised without a father and had problems understanding the ideal interaction between a husband and wife. She thought for a long time that being struck by her husband was just a part of what she should expect, despite what all the pubic pubic /pu·bic/ (pu´bik) pertaining to or situated near the pubes, the pubic bone, or the pubic region. pu·bic adj. 1. attention abuse received on TV. She just thought she was different and she deserved what she got. It wasn't until she attended a baby shower A baby shower is a party in which expectant parents receive gifts for their expected or born child. By convention, a baby shower is intended to help parents get items that they need for their baby, such as baby clothes. , sporting a huge, ugly bruise bruise or contusion Visible bluish or purplish mark beneath the surface of unbroken skin, indicating burst blood vessels in deeper tissue layers. Bruises are usually caused by a blow or pressure, but they may occur spontaneously in elderly persons. on her upper arm that she was forced to face the truth. Her friends were appalled. They urged her to get help. It took a long time, but when Bart started beating her in front of their three children, she knew she had to act. She found an attorney who would handle the case requesting that the court order Bart to pay the fee, since Sarah's job as a waitress didn't pay much. Sarah asked for full custody of the children, based on Bart's past behavior. She was granted full custody with Bart having visitation rights In a Divorce or custody action, permission granted by the court to a noncustodial parent to visit his or her child or children. Custody may also refer to visitation rights extended to grandparents. . The years leading up to the divorce had been spotty spot·ty adj. spot·ti·er, spot·ti·est 1. Lacking consistency; uneven. 2. Having or marked with spots; spotted. spot , financially speaking. They had purchased their home eight years earlier when money was relatively plentiful, but in recent years, after needing a new roof, new water heater and a new air conditioning air conditioning, mechanical process for controlling the humidity, temperature, cleanliness, and circulation of air in buildings and rooms. Indoor air is conditioned and regulated to maintain the temperature-humidity ratio that is most comfortable and healthful. system, their funds had been nearly depleted de·plete tr.v. de·plet·ed, de·plet·ing, de·pletes To decrease the fullness of; use up or empty out. [Latin d . Bart hadn't helped matters any. He was a race car buff and had purchased a car and other racing items on installment plans. He had also gotten other things on time payments until their monthly budget was stretched to the limit. Sarah had explained this to the judge and the judge had ordered Bart to be responsible for these bills, relieving Sarah of all responsibility for them. He had also granted her the home and all the furnishings in it, since she would be the one with custody of the children. Sarah's sense of relief following the divorce was not to last. Three months later, Bart went into court and filed bankruptcy. Following this bankruptcy, the creditors Bart still owed began calling Sarah, seeking payments of these accounts since they had been acquired in both names, when Sarah and Bart were still married. She tried to explain that Bart had been ordered by the court to pay these bills, but the creditors were not interested. They wanted their money. Sarah had gotten a good job in an office where the salary was higher and she could work her way up within the company. Now these creditors were threatening to either garnish garnish v. to obtain a court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. her wages or attach her home. They harassed her at work until her employer demanded they stop, then they tormented her at home. She was at her wit's end, terrified ter·ri·fy tr.v. ter·ri·fied, ter·ri·fy·ing, ter·ri·fies 1. To fill with terror; make deeply afraid. See Synonyms at frighten. 2. To menace or threaten; intimidate. she would be forced to sell the only shelter her children had ever known. A few days later, a co-worker, overhearing her talk on the phone to her attorney about the problem, approached Sarah and said, "I couldn't help overhearing about your problem. Do you have a Designation of Homestead Homestead. 1 City (1990 pop. 26,866), Dade co., SE Fla.; inc. 1913. A large Miami suburb with a growing Hispanic population, Homestead is a trade center for the redland district, known for its many varieties of citrus and other fruits and vegetables. on your home?" Sarah replied, "I don't even know what that is." "It's something that is designed to protect homeowners against most creditors. It won't help you with mortgage payments or taxes or mechanics liens A mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. , but it will stop the kind of creditors I hear you talking about from taking your home." "Wait a minute," Sarah interjected, "I think I do have that. It has something to do with taxes, right?" "No, no! That's the Homestead Tax Exemption tax exemption, immunity from the requirement of paying taxes. Federal, state, and usually local law provide exemption from taxation for a wide variety of organizations, usually not-for-profit, such as churches, colleges, universities, health care providers, various . That helps give you a tax break but doesn't protect you against creditors. This is the Designation of Homestead, and here..." she continued, rummaging around in her purse, "Here's a card with a number you should call. It's for the Homestead Recording Service, at 800/400-1693. They'll take care of the whole thing for you. "They have the proper form for you to fill out ... that's $25, but for only $22 more, they'll also file it for you. That way you don't have to take off work, drive to the County Seat, lose time from work ... and you know the time you lose will be more than $22." Sarah called immediately and talked to a rep at Homestead Recording Service. He rushed her the form and she filled it out and rushed it right back to Homestead Recording Service along with a check for $47. "Best money I ever spent," Sarah exclaimed later, after she was informed the Designation of Homestead had been filed. And it had been filed just in time. A creditor attempted to place a lien on the property the day following the filing. He had called her, huffing huffing, n the inhalation of common household products such as glue, solvents, hair spray, or gasoline to obtain a temporary euphoria. Specifically, huffing refers to soaking a rag, toilet paper, or sock in the household substance and inhaling. and puffing and demanding payment. "Sorry," she said, "you'll have to take me to court. And my attorney has promised me the judge will not force me to pay, but will issue a Contempt of Court order against Bart. He's left the State, you know, but if he ever comes back, he'll be in big trouble with the court." So, once again, Homestead Recording Service at 800/400-1693, saved a home for a deserving family. Their swift, accurate service is one thing Sarah is grateful to have had. For more information, please contact Homestead Recording Service at the above phone number. |
|
||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion