CHAPTER 38. LIENS.

ARTICLE 9. HOMESTEAD EXEMPTIONS.

§38-9-6. Waiver of exemption void.

Any waiver of the rights conferred by this article shall be void and unenforceable except to the extent that (1) such waiver is accompanied by a consensual security interest in the property in which the homestead exemption is asserted and (2) such security interest cannot be satisfied without encroaching upon the homestead exemption so asserted.

Bill History For §38-9-6

1974 Regular Session
Senate Bill 158