Posted by Ceci, CA on 4/20/05 10:33pm
Msg #33029

Homestead Abandonment

I recently came across this document titled "Homestead Abandonment" that needed to be signed by the borrower and notarized. The document looked similar to "Grant Deed." Can you tell me what this is? Thank you for your feedback.

Reply by Philem on 4/21/05 7:06am
Msg #33071

Hi, Ceci! I'm assuming (sometimes dangerous<smile>) that you're in California? If so, this may help, taken from a Google search for "Homestead Abandoment California":
**BEGIN**
Under California law, a declared homestead is very resilient. Once a valid homestead is established and a declaration of homestead is recorded, it can be abandoned only in the manner prescribed by law. 37 Cal.Jur.3d, Homesteads, § 54. Under California law, a homestead can be abandoned only if the debtor has recorded a declaration of abandonment, records a new declaration of homestead on a different property, executes a conveyance of the homestead, or abandons the homestead by implication by establishing another residence as his principal dwelling. CCP §§ 704.960, 704.980, 704.990; Webb v. Trippet (1991) 235 Cal.App.3d 647, 652n2.

**END**

Hope this helps!
P