- 15 - C. Transfer A necessary element of both Fla. Stat. secs. 726.105(1) and 726.106(1) is a transfer of property by the debtor. The second quitclaim deed is prima facie evidence of a transfer of the Pelican Avenue property from Steven to petitioner on July 25, 1995 (the transfer and the transfer date, respectively). See 19 Fla. Jur. 2d Deeds sec. 1 (1998) ("‘Deed’" is synonymous with ‘conveyance.’"). But cf. Barr v. Schlarb, 314 So. 2d 609, 611 (Fla. Dist. Ct. App. 1975) (deed may signify mortgage). Petitioner having failed to introduce contradictory evidence, we find accordingly. D. Fraud With Respect to Respondent 1. Introduction To prove that, with respect to the United States, the transfer was fraudulent, respondent must prove that it was fraudulent within the meaning of either Fla. Stat. sec. 726.105(1) or sec. 726.106(1). Realistically (based on the record before us), for respondent to prove fraud within the meaning of Fla. Stat. sec. 726.105(1), respondent must show Steven’s actual fraudulent intent or his unreasonable belief that he could pay his debts as they came due. See supra note 4. For respondent to prove fraud within the meaning of Fla. Stat. sec. 726.106(1), respondent must show Steven’s insolvency. See supra note 5. By failing to call any witnesses in support of his casePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011