Tuesday, November 24, 2020

Under Florida Asset Protection Law, Mar-a-Lago is A Private Club, NOT a Homestead Property

Soon to be ex-President DONALD JOHN TRUMP planning to spend time at Mar-a-Lago in West Palm Beach effective January 20, 2021 at Noon.  Construction modifications are reportedly underway.  

Mar-a-Lago is a private club, not a legal residence.  TRUMP has allegedly violated the deal with local officials, and, without relief, he would be residing there illegally, a possible violation of local codes.

Also, TRUMP's Mar-a-Lago Club is owned by a corporation and is commercial property, subject to creditors' ordinary collection proceedings, should litigation ever result in remedial relief for plaintiffs.   

It is not a homestead property under Florida asset protection law, which is Article X, Section 4 of Florida's Constitution. 

Mar-a-Lago is not exempt from execution of civil judgments under Federal and Florida Rules of Civil Procedures. 

If a civil or criminal RICO suit goes against him, he could wind up losing his waterfront property in West Palm Beach.

Article X, Section 4 Florida Constitution

SECTION 4. Homestead; exemptions.
(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person:

(1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner’s consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to theresidence of the owner or the owner’s family;

(2) personal property to the value of one thousand dollars.

(b) These exemptions shall inure to the surviving spouse or heirs of the owner.

(c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner’s spouse if there be no minor child. The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law.

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