Estate of Frank Johnson - Page 17




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               B.  Florida’s Statutory Provisions                                     
                    1.  Pre-1988 Transfers                                            
               Under Fla. Stat. section 726.01 (1987),32 any conveyance of            
          lands, goods, and chattels made with the intent to delay, hinder,           
          or defraud creditors is void as to creditors, unless the                    
          transferee gave “good consideration” and did not have knowledge             
          or notice of the fraud at the time of the transfer.  See also In            

               32  Fla. Stat. sec. 726.01 (1987) reads in pertinent part as           
          follows:                                                                    
               726.01  Fraudulent Conveyance Void                                     
                    Every feoffment, gift, grant, alienation, bargain,                
               sale, conveyance, transfer and assignment of lands,                    
               tenements, hereditaments, and of goods and chattels, or                
               any of them, * * * by writing or otherwise, and every                  
               bond, note, contract, suit, judgment and execution                     
               which shall at any time hereafter be had, made or                      
               executed, contrived or devised of fraud, covin,                        
               collusion or guile, to the end, purpose or intent to                   
               delay, hinder or defraud creditors or others of their                  
               just and lawful actions, suits, debts, accounts, * * *                 
               shall be from henceforth as against the person or                      
               persons, * * * his, her or their successors, executors,                
               administrators and assigns, and every one of them so                   
               intended to be delayed, hindered or defrauded, deemed,                 
               held, adjudged and taken to be utterly void, frustrate                 
               and of none effect, any pretense, color, feigned                       
               consideration, expressing of use or any other matter or                
               thing to the contrary notwithstanding; provided, that                  
               this section, or anything therein contained, shall not                 
               extend to any estate or interest in lands, tenements,                  
               hereditaments, * * * goods or chattels which shall be                  
               had, made, conveyed or assured if such estate shall be,                
               upon good consideration and bona fide, lawfully                        
               conveyed or assured to any person or persons * * * not                 
               having at the time of such conveyance or assurance to                  
               them made any manner of notice or knowledge of such                    
               covin, fraud or collusion as aforesaid, anything in                    
               this section to the contrary notwithstanding.                          





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