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I thought I had HOMESTEAD EXEMPTION but I don't! Now what????

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    I thought I had HOMESTEAD EXEMPTION but I don't! Now what????

    Hello,

    I live in a building that also houses a small business that I own and I filed homestead exemption on this property in 1999, 2000, & 2001. It is the only land that I own and it is where I live more than 50% of the time. (I tend to drift - I occasionally stay with my mom, or my grandparents, or my girlfriend.)

    Sometime around 2001 I was a cosigner on a home loan for my mom. I am not actually on the deed to the home - I double checked this about a month ago. I just am the cosigner with the bank. But the courts got things mixed up when she filed for homestead exemption and it turns out I no longer have homestead exemption in the property that I believed that I did.

    I filed Chapter 7 under the old law and have my meeting in November. I told the lawyer I did have homestead exemption in my building and the lawyer told me I would be able to keep it for sure as it falls far below the exemption level of my state.

    Just due to a weird feeling about it - generally feeling nervous about everything, I checked with the courthouse last Friday and they tell me that I do NOT have homestead exemption and its listed in the county as commercial property. I really did think that I had the exemption and it was my responsibility to check from year to year. They told me I could refile the exemption - no problem - but I would have to wait until January 1st. My meeting is in mid-November.

    What can I do to keep my property?? It is very important as it's where I'm living!

    Can my lawyer file some kind of emergency homestead exemption? I mean, surely if I bought a house in April of this year there would be a way to keep it under bankruptcy law despite not being able to file a HE until January 1st. (They only accept these filings in Jan-Feb-March where I live each year.)

    Or can it be based on where I'm actually living at now and where I intend to file an exemption?
    Or am I just screwed now?
    Or since the bk wont actually be discharged until January, will I have time to file properly and I should just explain this to a trustee in the meantime?
    Or if I explain this, will they try to take the property away?

    I don't know what to do!

    #2
    You have some detailed questions, and since policies can vary drastically from one district to another, I have to recommend that you ask these questions to your attorney. Hopefully someone here will have some info for you-but if not, don't feel bad! Yours is a bit of a unique situation.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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