re file homestead after refinancing Mortgage?

[crypt80]

When i bought my house 3 years ago I filed a homestead. Last year i refinanced the house. Do I have to redo the another homestead or am I safe. I want to file BK soon. I am filing Pro Se and dont have an attorney to talk to. Oh yeah, I live in Nevada if that helps a little more.

[sunshinepa]

In my state, homesteads are done every five years so when I refinanced I did not have to do anything, not sure on Nevada. I would call the number on my original paperwork and verify if I were you.

[despritfreya]

From the below quote of the Nevada Revised Statutes, looks like you must record a homestead and, once recorded it is good until you abandon the property in some way. I tend to doubt that it must be re-recorded if you take out a mortgage since a homestead does not protect you from such mortgage.

NRS 115.020 Declaration of homestead: Contents; recording; notice required of person who charges fee for recording declaration; rights not extinguished by certain conveyances; rights of trustee; penalty.

1. The selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant NRS 115.025

NRS 115.040 Mortgage or alienation of homestead property; abandonment of homestead.

2. The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, or the single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the homestead is required to be recorded.


Des.