Why can't I use my right to the Homestead Act in the state of California?

Question

Some low level bureaucrat told me I can't homestead my house in California. ( I called to see if I could use this to protect my property from any attacks from the corporate America banking system). I'm not in foreclosure, nor am I behind in payments, but I've heard that some banks are "calling loans" for some pretty thin reasons.

If you are aware of why I can't exercise the same rights as you lucky guys in the "Free 49" , please let me know.

THANK YOU FOR YOUR ANSWER, NICKI AND ANA! GOVERNMENT TERMINOLOGY KICKS MY BUTT AND YOUR BOTH RIGHT. I INTENDED TO STATE "HOMESTEAD EXEMPTION". I STAND CORRECTED.

TO THE NOSEBLEED WHO TOLD ME TO MOVE:

NO, I'VE MET SOME REALLY NICE PEOPLE HERE IN CALIFORNIA... THEY DESERVE MUCH BETTER TREATMENT FROM THEIR LAZY GOVERNMENT. I WILL CONTINUE TO WHINE AND MOAN TILL THE STANDARD OF GOVERNMENT IN CALIFORNIA IS BROUGHT UP TO THE LEVEL OF THE "FREE 49".

Answer 1

The Homestead Act is a federal act not a state one. If it is valid in the other 49 then it should be valid in California.
What the Homestead Act does is protect up to $100,000 of equity in real property for your primary home in the event of a public sale.
If I were you, call the law library of the University closest to you and ask them. It's free research.

Answer 2

Lisa has gotten REAL close, but did not quite hit it. As you have learned, the federal Homestead Act refered to claims made to possess government property. What you are interested in is a California law (which is not the law in any of the other 49 states, though they may have similar laws). And what you are asking about is selecting a "declared homestead" under Code of Civil Procedure section 704.920. I don't know what "low level bureaucrat" said, but homesteading is certainly still available (though the value of the exemption (30 to 60K) has certainly diminished over time)

While there is an "automatic" homestead exemption which is applicable if a lein is placed upon property (which is what Lisa referenced), there are advantages to having a declared homestead. (See Amin v. Khazindar (2003) 112 Cal.App.4th 582.) You file a declaration of homestead with the County Recorder. Here is the form (as found on the LA County Recorder's web site).

http://www.lavote.net/GENERAL/PDFS/HOMESTEAD_DECLARATION.pdf

Answer 3

The definition of "homestead" is found in California Code of Civil Procedure section 704.710. This definition makes the homestead exemption available for your house under the following certain conditions:
- First, the house is your principal dwelling.

- Second, you, as the judgment debtor, or your spouse, resided at your dwelling on the date the judgment creditor's lien attached to your dwelling.

- Third, you or your spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead.

Answer 4

"The Homestead Act was a United States Federal law that gave freehold title to 160 acres (one quarter section or about 65 hectares) of undeveloped land in the American West. The person to whom title was granted had to be at least 21 years of age, and to have built on the section, and lived in for 5 years, a house that was at least 12 by 14 feet (3.6 x 4.3 m) in size. The Act was signed into law by President Abraham Lincoln on May 20, 1862."

You can use this because it does not apply to your situation. For one, the state does not hold the title to the property, the bank does and you gave the bank the right to do so. Additionally, the homestead act is no longer law.
"The Federal Land Policy and Management Act of 1976 ended homesteading; the government believed that the best use of public lands was for them to remain in government control. The only exception to this new policy was in Alaska, for which the law allowed homesteading until 1986."

Answer 5

Are you talking about Homestead Exemption, you have to own the home live in it and sign up at what-ever time they give for people to sign up for the Exemption. If California has the Homestead Exception and you own that home than you can sign up but you can only have one home and you must reside in that home, no renting it out, you bodily have to live in that home., You can only except one home in your name. I've never lived in CA. so I don't know if they have the exception. I know Texas does and several other states I know have it so go talk to your Tax Accessor and find out what to do.

Answer 6

see the link...I don't know what dollar value you were looking at...