Bayview Loan Servicing, LLC v. Giblin
Florida District Court of Appeal
9 So. 3d 1276 (2009)
- Written by Liz Nakamura, JD
Facts
Thomas Giblin, decedent, owned a home within a municipality, on a property of less than one-half acre, in which his wife, Nivia Giblin (defendant), and their daughter lived. Thomas never lived in the home with Nivia and their daughter. In his will, Thomas gifted the property to his children and grandchildren. During probate of Thomas’s estate, the estate’s personal representative took out a mortgage on the property with Bayview Loan Servicing, LLC (Bayview) (plaintiff). Bayview ultimately brought a foreclosure action on the property, after which Nivia petitioned to have the property declared a homestead and subject to homestead-exemption protections. The trial court held that (1) the property was a homestead; (2) as Thomas’s surviving spouse, Nivia was entitled to a life estate in the property; and (3) the homestead exemption protecting the property from the claims of Thomas’s creditors inured to Nivia because she was Thomas’s surviving spouse. Bayview appealed, and the issue on appeal was limited to whether the property qualified as a homestead.
Rule of Law
Issue
Holding and Reasoning (Damoorgian, J.)
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