Florida Statute 726.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 726
FRAUDULENT TRANSFERS

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F.S. 726.104

726.104 Value.—

(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.

(2) For the purposes of ss. 726.105(1)(b) and 726.106, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

History.—s. 4, ch. 87-79.

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F.S. 726.104 on Casetext

Amendments to 726.104

Arrestable Offenses / Crimes under Fla. Stat. 726.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 726.104.

Annotations, Discussions, Cases:

Cases Citing Statute 726.104

Total Results: 4

MANE FL CORP v. CALE BECKMAN and MALGORZATA BECKMAN

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: antecedent debt is secured or satisfied[.]” § 726.104(1), Fla. Stat. (2017) (emphasis added). The

Manchec v. Manchec

Court: District Court of Appeal of Florida | Date Filed: 2007-03-28

Citation: 951 So. 2d 1026, 2007 Fla. App. LEXIS 4585, 2007 WL 911838

Snippet: “unperformed promise” within the meaning of section 726.104(1), Florida Statutes (2006). The statutory framework

Ming Properties, Inc. v. Stardust Marine S.A.

Court: District Court of Appeal of Florida | Date Filed: 1999-07-28

Citation: 741 So. 2d 554, 1999 Fla. App. LEXIS 10098, 1999 WL 543278

Snippet: the Asseos from their burden of debt. Section 726.104(1) states that “[v]alue is given for a transfer

Maplewood Farms, Inc. v. Baywood Manor Farms, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-10-12

Citation: 624 So. 2d 868, 1993 Fla. App. LEXIS 10313, 1993 WL 406603

Snippet: attention is invited to the terms of subsection 726.104(1), Florida Statutes (1991). Affirmed.