- 106 -
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.
Page: Previous 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 NextLast modified: May 25, 2011