Elena recorded a Declaration of Homestead on her primary residence in Quincy, Massachusetts five years ago. She has since moved to a new home in Braintree, Massachusetts, which she now occupies as her primary residence. She has not recorded a new Declaration of Homestead on the Braintree property. What is the homestead protection status of each property?
Correct Answer
D) The Quincy home has no homestead protection; the Braintree home has $125,000 automatic protection
Under MGL Chapter 188, homestead protection applies only to a primary residence. When Elena moved to Braintree, the Quincy property ceased to be her primary residence, and the declared homestead protection on that property terminated. The Braintree home, as her new primary residence, receives $125,000 in automatic homestead protection by operation of law. Since Elena has not recorded a new Declaration of Homestead in Braintree, she does not have the higher $500,000 declared protection there.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
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