Homesteading Act

Information on the Homesteading Act

1.) The Homestead Act of 1862 is NO longer valid, having been repealed in the 1970's; from what we have read and been told, homesteading in that manner is no longer possible in the US or Alaska, although it may still be in some other countries. (Says Steve Waltz, an AK resident: "...There are some state land programs in AK, but they are not 'give-aways'. Most of the land that is worth anything is either too remote or there is a lot of competition in acquiring it." Likewise states Gene GeRue, author of Ruralize Your Dreams: "You are correct that the Homestead Act of 1862 has been abolished. No state, including Alaska, currently has a homestead act.") The term "homesteading" on our site has a different, more modern definition, as we use it to refer to a way of life, our lifestyle.

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(2.) the Sugar Mountain site concerns homesteading in the rural living, self-sufficiency, preparedness, agricultural/animal husbandry sense of the word, and NOT about the Homesteading Act or getting a "Homestead (tax) Exemption" on your home, which has nothing to do with real homesteading. Getting a "Homestead Exemption" on your home means that your house cannot be seized by creditors for back taxes owed. And this applies to the actual structure of your house and up to 20 acres of land. Thus creditors can take everything else you own: furniture, valuables, even the clothes off your back...but NOT your house or up to 20 acres of your land.

Gene GeRue elaborates a bit further on this matter: "Many states have Homestead Exemption laws to protect homeowners from losing their property to unsecured creditors. Essentially, the laws do not allow creditor judgments to force a home sale to satisfy the judgments. The important note here is that such laws do NOT apply to notes and mortgages secured by the property. Default on loans secured by a deed of trust can and usually will cause the property to be sold by the trustee to satisfy the demand of the creditor in case of default. Another confusion occurs because some states have allowed a Homestead Exemption, which decreases property taxes slightly.")