Neel v. First Federal Savings & Loan Assoc.

This appeal is from the District Court’s summary judgment that appellant’s homestead declaration is invalid and that the amendments to Section 70-32-104(2), MCA, are not to be retroactively applied. The question posed is whether amendments raising the exemption amount should be applied to debts incurred before the effective date of the amendment, and the constitutionality of such an application. We reverse.

The issues in this case are:(1) Was the property description in appellant’s homestead declaration sufficient to create a valid homestead exemption?(2) Must the amendment to Section…