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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),
provides:
(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
concealed.
(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
incurred.
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Last modified: May 25, 2011