Fill and Sign the To Secure Attorneys Fees Form

- 1 - STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, WAIVER OF HOMESTEAD EXEMPTION TO SECURE ATTORNEY’S FEES AND , Respondent, STATE OF MINNESOTA) )ss COUNTY OF __________) __________, __________ Above-named, being duly sworn on oath, says that (s) he hereby willingly and knowingly waives any exemption that exists by law, pursuant to Minn. Stat. §510.01, et seq., or otherwise, to protect from liens, attachments, garnishments or sale, his/her homestead interest in the real property located at __________, Minnesota, and legally described as: __________. This waiver is made expressly for __________, Attorney at Law, to secure payment of attorney's fees. - 2 - WAIVER OF RIGHT TO BE REPRESENTED BY COUNSEL I, __________, Petitioner/Respondent above-named, know I have the right to be represented by an independent attorney of my choice -- independent of __________, Attorney at Law -- for advice and representation regarding payment for the services of __________, Attorney at Law. I understand that __________, Attorney at Law, may be opposed to me in interest with respect to payment for attorney's fees and costs and therefore cannot offer me legal advice in that area. I hereby expressly waive the right to independent counsel, and I freely and voluntarily sign the foregoing WAIVER OF HOMESTEAD EXEMPTION. Dated:___________________ _________________________ Subscribed and sworn to before me this _____ day of _________, 20____. _________________________ Notary Public Dated: Petitioner/Respondent Subscribed and sworn to before me this _____ day of ____________, 20___. ______________________________ NOTARY PUBLIC - 3 - EXPLANATION OF THE ATTACHED WAIVER OF HOMESTEAD EXEMPTIONRELATING TO LIEN FOR ATTORNEY'S FEES AND COSTS. __________, ATTORNEY AT LAW, may be opposed to you in interest with respect to the waiver of your homestead exemption. You may be wise to consult independent counsel concerning your rights and obligations. THE ATTACHED WAIVER OF HOMESTEAD EXEMPTION IS A BINDING LEGAL DOCUMENT. You have previously entered into a fee retainer agreement with __________, ATTORNEY AT LAW, for the purpose of securing legal representation. Matters involved included title to, possession of, or ownership of your homestead or the proceeds from the sale of that property.Under Minnesota law, a law firm is entitled to file a lien upon property affected by that firm's representation for the reasonable or agreed upon value of attorney's fees and costs. The right to file a lien does not ordinarily apply, however, to a client's homestead unless the client voluntarily and knowingly waives the right to maintain the homestead free from such liens. Generally, a homestead is exempt from any lien or charge that is not memorialized in writing, signed by the owner of the homestead, and recorded against it. A homestead's exemption from liens can continue for up to five years after you leave your homestead provided that you meet certain legal requirements. Further, that exemption may also apply to the proceeds from the sale of your homestead for up to one year after the date of the sale. The purpose of the attached Waiver of Homestead Exemption is to secure waiver of your homestead exemption with respect to any attorney's lien filed by this office -- a lien to secure payment of that law firm’s fees and costs. If such a lien is filed by __________, ATTORNEY AT LAW, you may require that law office to apply to a court to establish the amount of fees and costs to which the law office is entitled. Such a procedure may delay the sale of your homestead or any other disposition of the - 4 - property such as mortgaging or other transfer of any interest in the property.While execution of the attached waiver may be a condition of further legal representation or other consideration, __________, ATTORNEY AT LAW, is not requiring you to sign the attached waiver of homestead exemption. You may refuse to sign that document. You have the right to discuss this document with an attorney other than a member of our staff prior to signing it if you have any unanswered questions. Once you sign the attached waiver of homestead exemption, you are giving __________, Attorney at Law, the absolute right to file a lien on your property. If a lien is filed and approved by the court, and you elect not to pay the amount of the lien, your home may be sold by the court to pay our fees and costs. __________, ATTORNEY AT LAW, may be opposed to you in interest with respect to the waiver of your homestead exemption. You may be wise to consult independent counsel concerning your rights and obligations.