For the buyer who will keep the house up north for a few more winters, signs in Miami as a second home, and wants the conversion to a primary residence to be a filing rather than a problem.
This page explains. Whether the building suits you is a separate conversation. Contact the desk at Miami Dossier for the current position on any building we cover.
Yes, and the paperwork runs in a fixed order. The purchase is made as a second home, which is what the buyer tells the developer's contract, the lender if there is one and the insurer, and all three have to hear the same answer. The conversion happens later in three places: the county, where the owner applies for the homestead exemption after living in the home on the first of January and before the filing deadline; the insurer, where the policy is rewritten from a seasonal or secondary home to an owner occupied one, with the replacement cost of the home and its contents re-stated; and the lender, where a note written for a second home has occupancy terms that the owner reads before changing the facts. Nothing in Florida stops the change. What catches people is doing it in the wrong order or telling one of the three before the others.
The truth as it is on the day, which is "second home". The developer's contract rarely asks the use, but the lender's application does and the borrower swears to it in an occupancy affidavit at closing; a second home loan carries terms that require the home to be for the borrower's own use for part of the year and not a rental business, at a larger down payment than a primary residence and a smaller one than an investment loan. The insurer writes a seasonal or secondary home on different terms from a lived-in one, with questions about how long it stands empty and who checks it. A buyer who intends to move in full time in two or three years says so to the lender and the insurer at the start and asks what the conversion will require, because the cheapest version of the change is the one both were told about. Read primary residence, second home or investment, buying a Miami condo as a second home and cash or mortgage for Miami pre-construction.
The first year the owner lives in the home on the first of January. Florida's homestead exemption reduces the assessed value of a resident's primary residence and caps how fast that value can rise after, and it is applied for at the county property appraiser, with a filing deadline in the spring of the tax year, on evidence that the home was the owner's permanent residence on the first of January of that year. A household that moves in during the summer of one year files the following spring and sees the exemption on that year's bill; a household that moves in during December files within months. The property tax base had already reset to the purchase price at the sale, so the cap begins running from the first homestead year, not from the closing. A buyer at a pre-construction tower reads the delivery date against the first of January that follows it. Read does buying a Miami condo make you a Florida resident, why property tax resets when you buy a Miami condo and homestead at Cipriani.
The form, the questions and the replacement cost. A unit owner policy written for a secondary home assumes periods of vacancy and prices them; an owner occupied policy assumes someone is there and asks different questions. The rewrite is the moment to re-state the replacement cost of the home's interior and contents, because a second home furnished in year one and lived in full time in year three usually holds more than the first policy was told, and a claim after a named storm pays against the declared figure, not the real one. The master policy the association carries does not change with one owner's use, but the owner's share of its named storm deductible is the figure the owner's own policy has to cover, and that is read at the rewrite too. Read Miami condo insurance, what a named storm deductible is and who pays it and when do you need insurance in place to close.
That the facts have changed, before they change. A note written for a second home sets the borrower's occupancy as a term; converting the home to a primary residence is usually a change the lender welcomes, since an owner who lives in the collateral is the lower risk, but the borrower reads the occupancy clause and tells the servicer rather than letting the homestead filing tell them. The reverse change, from primary to second home or to a rental, is the one lenders police; the conversion this page describes runs the other way. A borrower who would rather hold a primary residence loan from the start asks at purchase whether the intended move-in date qualifies, because some programs accept a move-in within a stated period after closing. Read mortgage when a Miami pre-construction closing is delayed, foreign national financing and can an LLC get a mortgage on a new Miami condo.
The ordinary paper of a life lived here. Florida has no personal income tax, so the state the household is leaving is the one that cares about the date, and it reads the evidence: a Florida driver's licence and voter registration, a declaration of domicile filed with the county, the homestead exemption itself, doctors, bank accounts, the children's school, the days actually spent in each place. The move is settled by where the household lives, not by the Miami deed, and the household that keeps the northern house for the summers asks counsel how that reads before the first filing. The association is told too: the declared use on its forms, the parking, the pet and the guest rules all read differently for a full-time owner. Read moving to Miami: the first ninety days, moving from New York to Miami and changing domicile and moving from California to Miami and changing domicile. The desk reads the delivery date against the homestead calendar with the buyer before the reservation; the filings are counsel's.
Contact the desk at Miami Dossier for the current plans, pricing and availability as the developer releases them, discussed one to one.
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We hold no listings and we are not the developer. Contact the desk at Miami Dossier and we will tell you what applies to your situation, what does not, and where we would not proceed. Where a question is legal, tax or structuring, we introduce you to advisers who handle that properly rather than answering it ourselves.
Samuel Strauch is the owner of Metrik Real Estate. His team of agents represents buyers in Miami pre-construction.
A person replies within 24 hours, usually much sooner. On weekends, back on Monday morning.