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Idaho OTARY SIGNATURE NOTARY SEAL (Name of Notary) ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Nbasis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac____________ } ss. On ____________ before me, _________________________________________, personally appeared _________________________________________ personally known to me (or proved to me on the The facts stated in this homestead declaration are known to be true as of my own personal knowledge. Dated_________________ Signed__________________________________ State of Idaho County of ______: 2. I claim this property and the dwelling thereon as a homestead. 3. This property is my principal dwelling, and I reside in this property on the date that the homestead declaration is recorded. 4.___________________________, in the City of ______________________, and County of ________________________, State of Idaho, and more particularly described as follows (give complete legal description)__________________________, do hereby certify and declare the following: 1. That I am the owner of the following property located at the address of _____________________ _____________________________________________ Name _____________________________________________ Address _____________________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION I, ___________ill be asking the clerk to return a copy of the recorded Declaration. Declaration of Homestead ­Single (Instructions) 2 Recording Request By and When Recorded Mail To ______________________________ording fee you can contact your County Recorder. You can find its address and telephone number in your local telephone directory. One Self-Addressed Stamped Envelopes. You will need this because you wed). You will need to include the following items: Forms. The original and a copy of the Declaration Fees. You will need to include a check for the recording fee. To get the specific amount of the recer letter explaining what you have included and what you need done. You will want the clerk to record the Declaration and mail back it back to you (in the self-addressed stamped envelope you've enclos County Recorder. You can find its address and telephone number in you local telephone directory. Mail ­If you choose to mail your Declaration to the County Recorder you will need to begin with a covll need to pay the clerk the amount of the recording fee, probably around $10. To get the specific amount of the recording fee Declaration of Homestead ­Single (Instructions) 1 you can contact yournal and two copies (just to be safe) of your completed and notarized Declaration. You will tell the clerk you want to record a Declaration of Homestead. The clerk will help you from here. Fees. You wiby mail. In Person ­Recording your Declaration in person will be quicker because you won't have to wait for delivery. You can take the form to your County Recorder. You will need to bring in the origike at least two copies of your completed forms in case additional copies are required by the court and for your personal records. Step 5: Recording. You can either record the Declaration in person or Public, you can find one in your telephone directory or at local bank. Take personal identification with you (e.g. social security card, driver license, passport, etc.). Step 4: Copies. You should mayou are in front of the notary. Notarization. Don't bother filling this in, it will be completed by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowledgement. Take the form to a Notaryd to the property. If you do not have this description, the court will often accept the complete address alone. Signature and Date. You will need to have this form notarized, so wait to sign it until dress you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling. Don't panic, this description can be taken off the deepleting the form. Insert the appropriate information in the form. Below are additional instructions for the trickier sections of the form: Return Address. In the upper right hand corner, insert the ad-SINGLE A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructions contained in the form carefully. Step 2: Comt (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. INSTRUCTIONS IDAHO DECLARATION OF HOMESTEAD-d to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or torvent will FindLegalForms, Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limiteS." We do not give any express or implied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materials are used at your own risk. In no eLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-Ias possible. The court may reject forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is created by use of these materials. Finduested information in the appropriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black ink and print as legibly and neatly . Materials This packet contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration You can fill out the forms on the computer by entering the reqa renter; (ii) Single; (iii) You must reside in the dwelling at the time of the recording; (iv) A resident of the state of Idaho; and (v) A resident of the county where you will record the Declarationtax liens. For more information you should read sections 55-1001 to 55-1006 of the Idaho Code. Requirements To use this packet you must be: (i) The owner of a dwelling (e.g. house, condo, etc.), not labor and materials into the dwelling, (iii) liens or mortgages upon the premises that were either recorded prior to the homestead going into effect and/or that were signed by both spouses, and (iv) Please note: the Declaration does not protect you from: (i) judgments obtained prior to the homestead being in effect, and which constitute a lien upon the premises, (ii) liens by contractors who putd at a time. You may also wish to voluntarily file a Declaration so as to ensure that your homestead is on record according to your own definition and description of its location, size and boundaries. also have another home currently declared to be your homestead, you must also file a Declaration of Abandonment of Homestead for that other property, as you may not have more than one exempt homesteaestead is situated on unimproved land, or on improved land but not yet occupied, you must file a declaration of homestead in order for that property to be exempted. If such declaration is made and youclared. Every homeowner has an automatic homestead exemption of up to $50,000 for his or her residence. This protection does not require the signing or recording of any documents. However, if your homote that if you sell your home, the proceeds of that sale are also exempt for a period of 1 year up to the $50,000 limit. There are 2 kinds of homestead exemption--one is automatic and the other is decreditor may be able to force such a sale (e.g., your house is worth $100,000, you have a $30,000 mortgage and $70,000 in equity; a creditor could force a sale and recoup $20,000 from the proceeds). Nuity), a creditor could not force a sale of your home to satisfy your debts, as your equity is entirely covered by the $50,000 exemption. However, if you have more equity in your home than $50,000, a 000 worth of equity in your home is absolutely protected from the claims of creditors. For example, if you have a home worth $100,000, and a mortgage in the amount of $55,000 (giving you $45,000 in eqe homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. In Idaho, the homestead exemption is limited in value to $50,000. In other words, up to $50,u will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home sold. ThINFORMATION IDAHO DECLARATION OF HOMESTEAD--SINGLE Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who sued yo Idaho