Homestead Exemption on Property Judgment Lien

Voodoo Flóra
Voodoo Flóra Posts: 258 ✭✭✭

Dear fellow homesteaders ~

INTRODUCTION

It is my understanding we are entering an era in which homestead properties especially in certain geographic locales are going to become extremely sought after with people competing to own them. Furthermore, the economy is just at the beginning of vast changes in which creditors, homeowners associations, and the government as they see their own coffers dwindle are going to be targeting homesteads to foreclose on them if they can. This dynamic is likely to affect more and more of the membership of the Grown Network in the years and even months ahead.

HOMESTEAD EXEMPTION

If you did not already know it, just about every state in the union has what is called a "Homestead Exemption" to protect an individual / family home from being taken by creditors, homeowners associations, and the government in a property judgment lien proceeding. The purpose behind these state laws is to protect homesteaders from having your primary shelter stolen out from under your feet basically with absolutely nothing to show for your investment in the property. Such "Homestead Exemption" laws require the government / HOA / creditor / thief who is forcing the sale / foreclosure of your home to provide you a certain amount of equity from the foreclosure sale of the home. Also, such "Homestead Exemption" laws require a minimum amount of alleged debt before the creditor can come in to take your home from you. Unfortunately, many of the "Homestead Exemption" laws are woefully outdated. Therefore, even a so-called progressive state government may only guarantee up to $50,000 in equity and a $3000 debt minimum, for example, upon the forced sale / foreclosure of your homestead.

CALL FOR ADVOCACY

Please let me know if any of you would be interested in advocating to update the "Homestead Exemption" legislation such that the minimum provisions for equity and debt are more up to date with the times. For example, the law in my own home state of Oregon was last updated over a decade ago. It is a state that requires payment to the homestead owner of $50,000 in equity, also a foreclosure sale requires a minimum $3,000 debt. Oregon considers itself to have strong protections for homesteaders, but these provisions completely lack any real teeth. For example, any trip to the emergency room for a snake bite far exceeds $3,000 in most cases today. Therefore, in my humble opinion, the purpose of the "Homestead Exemption" laws is being trampled upon by the courts if only because all the legislative provisions as to the monetary amounts are so outdated.

Is there anyone with an interest in this topic?

Warm regards,

April

Comments

  • H_D
    H_D Posts: 384 ✭✭✭

    I would be interested in understanding more

    Heather

  • Marjory Wildcraft
    Marjory Wildcraft Posts: 1,613 admin

    Hi APril,


    Wow, I hadn't realized how low the provisions were. I completely agree we are headed into a time when Gov'ts will get more and more desperate. Are you simply being proactive (that's good!) or have you haead of any cases where there is serious injustice going on?

  • LaurieLovesLearning
    LaurieLovesLearning Posts: 7,520 admin

    Watching my neighbors to the south. Hopefully you can be part of a positive result.

  • Voodoo Flóra
    Voodoo Flóra Posts: 258 ✭✭✭

    Hi Marjory! Thank you for your time and your question. Yes I am dealing with the Forest Heights HOA in Portland, Oregon and WOW has it opened my eyes. Not only do we pay a crazy amount in dues, but the HOA goes after people in our neighborhood arbitrarily and they even go after veterans who are overseas and a bit behind in dues get their homes taken from them. We are currently dealing with a situation in which the HOA is coming after us for what they say is a wrong paint color. However, They have no idea what paint color they want, nor do they even have a color wheel. We painted our home and made various repairs five years ago and since then our home has skyrocketed in value. The HOA recently arbitrarily started placing fees on us, even though they have not followed the law or any due process. My take is they want to basically steal our property now that it has skyrocketed in value. Unfortunately, this is an insular, extremely corrupt legal community in the Portland-Vancouver metro area. Anyway, we are resolving this by selling and moving to where there is no HOA. Also property taxes have risen to $12,000 + per year and keep rising. We are leaving for that reason too. We want to truly own our home and invest in things that are smart like solar, and a good water system not to mention growing our own food!!! I am done funding a corrupt party for local bureaucrats. BTW TGN keeps me and my family healthy and keeps mama sane. I am so excited to be moving to our homestead for real!!! Thank you for all you do. April

  • Merin Porter
    Merin Porter Posts: 1,026 admin

    I agree with @Heather Duro -- I haven't heard much about this and would definitely be interested in learning more! Thanks for posting!

  • H_D
    H_D Posts: 384 ✭✭✭

    one thing is for sure..a citizen will NEVER own property outright in the US, doesnt matter where you go, how far into the wilderness you go: the government can come take what they want when they want for whatever reason they want, right, wrong or indifferent its ALWAYS been like this...how do you think they got all the land for the railroads, pipelines? etc..

  • Voodoo Flóra
    Voodoo Flóra Posts: 258 ✭✭✭

    Hi Heather ~

    I understand your pessimism, but if we are going to be a nation of laws then the government has to follow those laws too. Certainly property owners have rights to due process and just compensation not to mention that the government will act on a rational basis and not discriminate on the basis of gender or national origin. Unfortunately, none of such rights are being respected in this situation. April

  • H_D
    H_D Posts: 384 ✭✭✭

    well, there in lies the issue :)

    Happy Healing

    Heather

  • LaurieLovesLearning
    LaurieLovesLearning Posts: 7,520 admin

    I agree with Heather. It is not just a US issue either. Canada and pretty much any country that I am aware of can take that land you've invested in away at any time (and all the other things Heather said) they want. It has nothing to do with race, gender, discrimination, nationality, or anything of that sort. At their level, rules and laws are mostly irrelevant. Those two things are really only there to keep the working minions in line and following obediently as they do their own thing. But the rule makers don't generally need to follow those rules, as they made the rules. They can change the rules of the game anytime for their own benefit. They want, they take away. This is how govt & politics really works. It is a whole other ballgame.

    Taxes are also a means to keep people in bondage as well. You have to always pay. There is no end. Even if your property is all paid up (no matter how much) and you default on your taxes, it is goodbye property. It is a reminder yearly that it is not really ever yours. You are paying for the privilege to live there.

    I had a relative lose his home because of narcissism, a power trip and the underhandedness of their local politics. The group affected fought extremely hard, but the ones in power won out in the end. It was devastating for many and the power tripper had absolutely no respect for those whose lives he messed with. He was cruel and bullied & taunted them, in public places no less, even to their faces. He was bold, comfortable and unafraid. He was secure.

    I am not anti-govt or anything, but also am not blind to the workings. A person can fight and may get a little leeway, but it will never be a satisfying or truly fair outcome for the underdog, I am afraid.

    Now as for a homeowners association, I don't know a lot about these through experience, because we live in the country. As you well know, every form of governing body has its rules. You don't do as they say, you have a problem, whether they are legitimate rules or not. It doesn't even have to have a valid reason nor make sense...those are the worst organizations. It is best to avoid those types, with such power, whenever possible.

    It is a very good thing you decided to move...and maybe that is what they really want anyway? Either way, you will be much happier and better off without an organization like that.

  • H_D
    H_D Posts: 384 ✭✭✭

    no pessimism at all :) like @Laurie mentioned, I simply just understand the inner workings of the government and its methods of corruption, if you can even call it that, government works EXACTLY how government was set up to work. Unlike Laurie though, I am not a supporter of political reign and control via violence, we are a family of voluntarists.

  • LaurieLovesLearning
    LaurieLovesLearning Posts: 7,520 admin

    I would not call myself a supporter of political reign. That sounds like I accept every nonsense that exists out there. I certainly don't and do not wish to be labeled as such. It is an inaccurate label. I don't know of one flawless government that exists upon this earth. However, I recognize that it is the world we live in, like it or not. Considering this, there are still laws of the land that exist that we do need to obey...and many with good reason.

    Government, if run properly, IS good and can bring prosperity and good order to its people. This is called proper & good leadership. People need boundaries to remind of right and wrong. However...that is not how most governments are run because corruption always appears and takes over. This is poor leadership, usually with agendas attached. There is money, power, corrupt agendas and greed...so selfishness...at play. Good government and good leadership cannot exist with those things present.

    You (an in general "you", not poking at Heather) wouldn't let your kids run free with no boundaries to keep them safe and direct their paths to become upstanding people of good character, would you? I hope not. Families are a very basic form of government. Some are run well, others, not so much...and even in the best of families, the same type of corruption can be present...at its core it is selfishness.

    I am not a supporter of violence to control either. I am not sure where you got that, Heather? That is not accurate, but an assumption. The story of my relative does not support that idea. In fact, it very much flies in the face of that statement. It pains me to see or read about those unfair (and violent) things on the news.

    Working together toward a common, good goal is admirable (I had to look up the term "voluntarists"), but people overall are flawed and are inherently selfish so as to mess with that way of thinking. It sounds very good, but because of the narcissists and manipulators out there, this can unfortunately never be a reality on a grand scale.

  • H_D
    H_D Posts: 384 ✭✭✭

    It wasn't directed at you laurie just in general. I dont believe we need laws of the land to have civil society..I was simply using colorful words to explain but again..not directed at you

  • LaurieLovesLearning
    LaurieLovesLearning Posts: 7,520 admin

    Thank you for clarifying, Heather. 😊

  • Voodoo Flóra
    Voodoo Flóra Posts: 258 ✭✭✭

    Heather like you I am now a libertarian, although I do not want to place labels on you. This is how you come across to me and it is the best term politically I can call myself. All labels are constructed and face their own propaganda and demonizing depending. Laurie I used to be a person who thought much more like you do about the government.

    I used to completely believe in government to help people. Then I worked as an attorney and even ran my own successful private law practice for over ten years. Then there landed at my door the worst case of child abuse the region had seen maybe ever in some respects. The most horrid thing about the child abuse case is that people had been trying to tell the government about it for over a decade. Good people, teachers, counselors, neighbors, not to mention my client the mother. When I got an idea of this record, I was incredulous. I brought the case to court and the matter was heard by Commissioner Carin S. Schienberg of Clark County, Washington. I requested that the court act immediately to help the children. Instead of listening to me and the mother of the children who I represented, however, the Commissioner fined me and tried to imprison me. Then, the court actually placed two more children into the home of the child abusers, instead of taking the children who were already in the "Weller house of horrors" as the Dr. Phil show eventually called it right out like we asked. It was a messy fight that involved lots of local actors in the community. Finally, a local ALTERNATIVE newspaper reported on the case and this is the only way anything was done and the children were finally taken out of the home where they had been abused their entire lives. The major newspaper in the region would never report on the child abuse. After the story finally broke and people like Dr. Phil were watching and paying attention, the abuse was acknowledged, and my client and her children ended up winning a ten million dollar lawsuit. As for the alternative newspaper? As retribution, it was shut down by the so-called leaders of the local community. There is now no alternative newspaper serving the entire region of SW Washington. The local reporter who broke the story is a hero in my opinion like the small-town version of Julian Assange. Know what happened to him? The reporter who broke the Weller "house of horrors" child abuse story was jailed for a month on a bullshit charge the Vancouver police held him on that was eventually dismissed. While he was in custody, he was physically attacked by another inmate (what I believe was a set-up) and the police tried to pin the fight on him even though he only defended himself. He was placed in solitary where the police coerced him to sign a plea agreement. He refused, and finally there were so many witnesses supporting his version of the story they had to dismiss this second bullshit charge against him too. As for me? The one who the local government saw as the troublemaker who spoke out and from their perspective caused all the problems? The entire local community THE GOVERNMENT COMMUNITY that is which has pretty much taken over SW Washington as there is now very limited civil society there did everything to ruin me. The state bar association which is basically set up to make attorneys tow the company line harassed me for years including when I was pregnant on false allegation after false allegation against me all dismissed. They continued to harass me when I was pregnant to the point I almost had to shut down my law practice for that reason. Fortunately, I was able to bring on an amazing associate / law partner who handled court cases while I worked more behind the scenes. Inevitably, the Washington State Bar Association tried to get me declared mentally ill. One of my own attorneys who represented me in the course of all the false allegations told me if I did not start towing the line basically the mainstream, local paper would report stories on me that would completely ruin my reputation.

    Anyway, this only begins to tell the story. While all this was happening, the only local women's rights organization in the community, the Washington Women Lawyers (WWL) paid thousands of dollars supposed to go to help women who face domestic violence on a fashion show about what women should wear to court. As crazy as this sounds, believe me I am not making this up and actually the cover they used is going to be the cover of my book I am writing about all that happened. The WWL and the local bar association sent out a leaflet featuring me to thousands and thousands of people including local attorneys, judges, everyone about how I dressed and that it was actually sexually deviant. I always wore only professional business suits to court. The WWL teamed up with the local bar association and actually hired a model to dress like me they said. However, they had no actual photos of how I dressed in court to show this alleged sexual deviance. Nonetheless, I had to deal with numerous allegations to the bar association about how I dressed based merely on rumor and propaganda.

    In the end, I packed up my law practice and left to what I thought was my home in Portland, Oregon. It is where I grew up and my father was the most longstanding professor at the local university. My mother regularly opened our doors growing up to students from around the world who wanted a home to visit. Regardless, although I know some good people in the area, if the system wants you the system wants you. There are few people in this world willing to stick their neck out for someone, this is maybe my biggest lesson from my time in practice. Eventually, I became fearful the government was going to take my child away from me as retribution. The same Commissioner Carin S. Schienberg who would not listen to me about the child abuse and tried to imprison me routinely asked about my newborn child on the court record when I was on maternity leave. She asked these questions to my law associate / partner on the official record designated to deal with child abuse cases. To this day, I will not even drive into Clark County for fear of being pulled over and potentially incarcerated not to mention having children taken which is the biggest nightmare any parent can experience. Foster children are by far the most likely ones to be kidnapped and sexually trafficked.

    For the most part during my legal career I defended person after person for extremely petty things the local government was harassing them about. Once, I had to spend days at trial to keep the government from placing into foster care a young boy who had simply had his baseball capped knocked off his head by his father. The boy was almost hysterical that the government was going to take him from his family. I represented him and we got the dependency dismissed so he could return to his family. Another time in court, I spent over an hour listening to a hearing in which the Commissioner carefully considered if a child should remain in foster care b/c the social worker was concerned the mother was using the wrong body lotion on the child. I could go on and on but there is limited time and space here!!!

    Please know the government regardless of what Law and Order tells you is not daily solving big cases and saving children. Instead, they deal with very petty cases and harass and incarcerate many, many, innocent, good people. THE ONLY big cases of child abuse and murderers the region where I practiced (Clark County, Washington) the government never did anything to save people. From Ted Bundy to Wesley Allen Dodd or whatever that sick fuck's name is the government is not what stopped these evildoers. Furthermore, the government actually interfered for over a decade helping the mother and the children I represented in the case eventually ending in the ten million dollar lawsuit I mentioned above--what is perhaps the biggest child abuse case of its kind the region had seen.

    This is just PART of my experience in the legal profession and with local government and I am writing a book about it, and if nothing else the writing sure is good therapy. I think people need to know what goes on where they are spending all of their hard-earned tax dollars. If you only knew how much these judges, commissioners make and how arrogant and hateful they are and most of all retaliatory. It is how the system keeps in business through complete cronyism and corruption. There are so many innocent people behind bars right now it is truly heartbreaking. The real evildoers? Good luck! By the way, the same attorney who had for years and years represented Jeffrey Weller the child abuser and ex-husband of my client is named Clayton Sundstrom. This same Attorney Sundstrom also represented a rapist who he freed and raped again the very next week. This same attorney Clayton Sundstom who got the rapist freed not to mention kept the children from being freed of their child abuse for over a decade is one of the main attorneys STILL RUNNING THE SHOW in Clark County. He is one of the main people who controls who is appointed to the bench, including Jennifer Snider who was just appointed Superior Court Judge. She and he were two of the main people who came after me with all their false allegations, and the system has duly awarded them for it. It is how the system works. Before I became a lawyer with my own law practice, I actually earned a Ph.D. in history/political science and it was mind-blowing to go from that rather lofty place of interpretation to the ground level of government where you see the sausage being made. I can no longer in good conscience recommend the government for anything.

    And yes Laurie, to answer your question, where I currently live in Portland, Oregon in what is called the exclusive neighborhood of Forest Heights they do want me to move. BAD. The same people involved in the HOA dispute are attorneys who regularly play golf as it were with the judges / commissioners / attorneys up in Vancouver, Washington, who truly want my head on a platter. However, as beautiful as my house is, as much as I have literally given part of my soul to my garden it has been one of the most spiritually enlightening experiences in my life to completely detach from it and realize it is time to sell the property and move on where my family and I are much more out of reach from Portland-Vancouver metro legal community. It has been mind-blowing too for me to realize through this experience about what it means to connect with your own home and land as much as you can never truly own it. But neither can the government really. That is all up to God in the end and it is the spiritual connection there that stays with you even as the material has been taken from you. Or better yet you choose to let it go.

    All I want to do at this point is be a good mama and wife and homesteader. I am terrified to enter a courthouse. Over the years for speaking out for my clients I was threatened to be incarcerated a good dozen times. To end on a merrier note Happy Homesteading you fearless good American patriots who will not let the government steal land from you have a good day. If people believe they are mere slaves who the government can crush your soul then that is what the people shall be 😉

  • H_D
    H_D Posts: 384 ✭✭✭

    I appreciate what you wrote, though I am not libertarian, by any stretch of the imagination.

    Happy Healing

    Heather

  • Grammyprepper
    Grammyprepper Posts: 168 ✭✭✭

    Wow @aprilbbrinkman I have been privy to a lot of the good bad ugly of many governmental systems as the daughter of a cop and an innercity ER nurse also dealing with the legal system. Your story about the case does not surprise me in the least, but the lengths your foes went to stuns me but doesn't surprise me.

    Best of luck to you.

  • Voodoo Flóra
    Voodoo Flóra Posts: 258 ✭✭✭

    Heather do not mean to put labels on you thanks for your thoughts.

  • Voodoo Flóra
    Voodoo Flóra Posts: 258 ✭✭✭

    Grammyprepper thanks for your words of wisdom. TGN is invaluable in the people it brings together. It occurred to me today that a Grow Network world 🌎 would not have HOAs. We would turn them all into gardening clubs. Hmmm...

    BTW the attorneys going after us have a 2.1 rating on GOOGLE and the only way they remain in business is pure cronyism they do not need to know the laws or provide the actual public actual public service. World's colliding!

    Crazy thing is having no rule of law actually hurts the ruling class most of all. World's colliding! Anyway, I am getting more and more interested in how it all turns out.

    Have a great day.