James E. Griffin and Katrina F. Griffin, Transferees - Page 11

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          A.  Transfers of Real Property and Mortgage Payments                        

               Florida law is applicable to the transfers of the three                
          parcels of land located in Tallahassee, Florida.  Under Florida's           
          Uniform Fraudulent Transfer Act (FUFTA), a transfer is fraudulent           
          as to present and future creditors if the debtor made the                   
          transfer "With actual intent to hinder, delay, or defraud any               
          creditor of the debtor".  Fla. Stat. Ann. sec. 726.105(1)(a)                
          (West 1988).  Fla. Stat. Ann. sec. 726.105(2) (West 1988),                  

                    (2)  In determining actual intent under paragraph                 
               (1)(a), consideration may be given, among other                        
               factors, to whether:                                                   
                    (a) The transfer or obligation was to an insider.                 
                    (b) The debtor retained possession or control of                  
               the property transferred after the transfer.                           
                    (c) The transfer or obligation was disclosed or                   
                    (d) Before the transfer was made or obligation                    
               was incurred, the debtor had been sued or threatened                   
               with suit.                                                             
                    (e) The transfer was of substantially all the                     
               debtor's assets.                                                       
                    (f) The debtor absconded.                                         
                    (g) The debtor removed or concealed assets.                       
                    (h) The value of the consideration received by                    
               the debtor was reasonably equivalent to the value of                   
               the asset transferred or the amount of the obligation                  

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Last modified: May 25, 2011