How to File a Declared Homestead Exemption
Homestead exemptions provide legal protection against debt collection in many states. These exemptions are designed to keep a portion of the homeowner's property from being seized by creditors during a bankruptcy. In some states, the exemption is automatically given to homeowners, but in some states, such as Virginia, the homeowner must apply for the exemption before declaring bankruptcy. Filing a declared homestead exemption is a similar process in most states, but procedures can vary.
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Instructions
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Complete an online search for the agency in your state, county or local community responsible for filing your homestead exemption. If you are unable to find the agency, call your city hall or county courthouse to determine where you will need to file your homestead exemption.
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Contact the agency that will file your exemption. Each jurisdiction has slightly different procedures for establishing the homestead exemption. In many cases, you will need to download and print an online homestead exemption form, but it is possible that these materials will not be accessible online. You might need to make a trip down to your city hall or county courthouse to fill out the paperwork.
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Complete the homestead declaration paperwork. In most cases this will be basic information that you can fill out yourself. However, in some states homestead filing services can fill out the paperwork for you. You must pay a fee for these types of services though and you can likely do it on your own. You might need the certificate or title number of your deed, so have them handy.
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Sign the paperwork in the presence of a notary public. This is required in most instances, but even if it is not, this certifies your signature and identity while linking you to the homestead exemption.
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File or record the homestead exemption with your state, county or local recorder's or clerk's office. In many cases, a filing fee is required to have the homestead exemption filed. The fee is $35 in Massachusetts, as of the date of publication.
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References
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