CalDocs Inc. http //www. CalDocs. com 1114B Montgomery Street San Francisco CA 94133 City and County of San Francisco LDA 2010-0000047 Expires 03-31-2012 877 404-DOCS FREE CALIFORNIA HOMESTEAD DECLARATION Attached is a free Homestead Declaration Adobe PDF Fill-In Form for use in California. The Homestead Declaration is provided as a free public service without warranty. Thus a Homestead Declaration does not usually protect against a foreclosure action initiated by a lender. You will need to...
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Who needs California Homestead Declaration?

A Homestead Declaration is a document that entitles homeowners in the State of California with a protection of a certain amount of equity in their home from creditors. It is a helpful document in terms that it written statement in which a homeowner claims the certain residential property as their principal place of residence. When the declaration is prepared (and recorded in a proper way), it immunizes the dwelling and the premises from some legal enforcement measures. The most widespread cases can include a bankruptcy: even though the owner has filed a bankruptcy petition, it may be possible to keep the home or a portion of the equity in the property as opposed to losing it to creditors.    

Is the Homestead Declaration accompanied by other forms?

On its completing, there is no need to support the declaration with any other forms or statements. Yet, so far as it has to be notarized, the applicant should not forget to pay the appropriate fees for notarization and recordation of the declaration.  

When is California Homestead Declaration due?

The completion of the Declaration Form does not imply following a certain deadline or time limitations, nor it has an expiration date. Besides, if the homeowner moves this  The form can be filled out when considered necessary. Besides, if the homeowner moves to a different dwelling (without selling the declared property) the declaration still remains valid.  

What information should be provided in the Homestead Declaration?

The completed first page of the declaration should provide the following information:

  • APN number;
  • Name(s) of the homestead owner(s);
  • Address of the declared property;
  • Property legal description;
  • Date;
  • Signature.

The second page is allotted for the certification of the declaration by a notary public.

Where do I send the Homestead Declaration?

The Declaration when completed by the homestead owner(s) and authorized by a notary, must be directed to the County Recorder’s Office for recordation.      

Video instructions and help with filling out and completing calif legal forms homestead form
Instructions and Help about california homestead form

Hi it's crystal Lee Wei Lee your California real estate broker Whaley relevé today we're going to be talking real quick about homesteads in California you have $50,000 per primary residence now that's automatic what is a homestead well let's just say if someone tries to sue you in court gets a judgment against you they can go after your car your house your wages everything but in California you have an automatic homestead you don't have to file any papers for it it's $50,000 so that's gonna protect up to $50,000 of your equity if anything like that were to happen when you sell your home now it's not going to protect against foreclosures you know things like that from mortgage service providers obviously there's far civil cases and you know stuff that gets you know judgments on you that's what it protects it doesn't protect against spousal support child support things like that overall it's just basically litigation through the civil way now if you're older 55 are older making under a certain amount of money you can get $150,000 protected all right you know if you have minors in your household that Corinne's it up to seventy five thousand maybe sometimes up to hundred depending on your circumstances but overall it protects that amount of equity if you were to sell now there's two types of homesteads one is automatic which is you know you don't have to file the other no one is a declaration or declared homestead so what the declared one is is an actual formal piece of paper that you get that you can fill out and make everything in writing and make it more legit and overall there are companies that when you first purchase a house they'll send you things in the mail asking you you know do you want to do a declared homestead you don't have to like I said it's automatic fifty thousand dollars but you have a certain special circumstance you know talk to someone and see if it's the right thing for you to do if it is go fill out one of those forms you can actually fill out one of those forms yourself you can download it offline go to any of a supply store through the legal forms and do it that way and just pay to file it it really is pretty simple to file a homestead now there may be companies that try to charge you for this they are not allowed to charge you more than $25.00 so if you buy your house and you get that in the mail it's over $25 you know they're basically going against the laws right there and you should turn them in okay overall you can't pay them to do that but I mean you can do yourself just as easy and you don't have to do it I don't want you guys would be getting something in mail thinking you have to go through these companies and you have to do this stuff it is actually automatic fifty thousand dollars regardless okay so that's what a homestead is it protects you against civil suits things like that um you know it's one of those things that people don't think about but once you know if you're ever in that position it does come in...