Florida Real Estate Exam

Category - Florida

Mrs. Gross, without her husband's knowledge, homesteaded their family dwelling.  No prior homestead had been recorded by either spouse.  The property had a first trust deed with a balance of $19,000 and was worth $33,000.  A general creditor later obtained a judgment for $2,000.  The judgment was:

  1. Collectible because the wife was not the head of family and therefore, could not record a valid homestead
  2. Collectible the because wife's homestead gave only $10,000 exemption from execution and the judgment lien would be paid out of the balance of the equity
  3. Not collectible since the wife's homestead was valid and the homestead exemption left no equity upon which to levy
  4. Not collectible since a general creditor's judgment is always inferior to a homestead exemption
Explanation
Answer C - The homestead exemption for a married person exempts $25,000 (subject to change) of equity from creditors.

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