Homestead Filing Services

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In Business and Professions Code Section 17537.6, homestead filing services are defined as individuals or companies who offer to prepare homestead declarations. (Attorneys and those who work for attorneys are not covered by this law.) The law defines those services that must be provided and limits fees that may be charged. Such amounts may not be requested until after the homestead declaration is recorded. The law also requires certain disclosures and prohibits certain misstatements.

A copy of this law can be obtained by contacting the State Library at: (916) 654-0185.

Violation of this law constitutes a misdemeanor. The Attorney General, District Attorney, and certain city attorneys may recover a civil penalty of up to $2,500 for each violation. Suits for injunctions prohibiting violations may be maintained by most law enforcement agents and individuals.

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