In my November and December posts, I discussed the basics regarding protection of your Florida Homestead from forced sale by creditors and some of the exceptions.
A recent decision from the Second District Court of Appeal of Florida provides a good reminder of another Florida Homestead pitfall.
The Florida Constitution, Article X, Section 4 provides
Your primary residence in Florida (“Homestead”) can be a very useful tool for protection of assets from creditors during your life, and after your death for the benefit or your spouse and heirs.
The Florida Constitution, Article X, Section 4 sets forth the applicable restrictions on forced sale and the devise of your Homestead. If
“You have been served” – the famous phrase uttered by process servers everywhere, may never be heard by a bankruptcy defendant.
Why?
Well, Bankruptcy Rule 7004 bestows the rare privilege of nationwide service of process by FIRST CLASS U.S. MAIL of a Summons and Complaint on defendants (with a few exceptions). In bankruptcy