Florida/Georgia Personal Injury & Workers Compensation

...the Mizrahi Family Trust. Count III alleges that a fraudulent transfer occurred when the deed transferring the Debtor's ownership interest *327 to his daughter was recorded on December 7, 1988. Although the deed was dated February 5, 1986, Fla.Stat. § 726.107(1) provides that for the purposes of the Uniform Fraudulent Transfer Act, a transfer of real property is made when the transfer is perfected against a bona fide purchaser....

...constitute "assets" that can be transferred. III. NON-ENTIRETIES PROPERTIES: "TRANSFERRED" BY DEBTOR? A party seeking to avoid a transfer as fraudulent must prove by a preponderance that a "transfer" actually occurred. A transfer cannot occur under § 726.107 until a transferor has acquired rights in any assets transferred. See FLA. STAT. § 726.107(4) (2001)....

...In proceedings against Sasha, the trial court determined that Sasha was not a transferee of the Florida property. Stardust contends in this appeal that because the deed of the Florida property to Sasha was not recorded, no "transfer" of real property within the meaning of the statute took place. Stardust points to section 726.107(1)(a), Florida Statutes (1995), which provides that for the purposes of the Uniform Fraudulent Transfer Act, Chapter 726, a "transfer" of real property is made "when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee." Stardust overlooks section 726.107(2) which provides: [i]f applicable law permits the transfer to be perfected as provided in subsection (1) and the transfer is not so perfected before the commencement of an action for relief under ss....