Florida Statutes
Fla. Stat. § 726.107 (2025)
When transfer made or obligation incurred.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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726.107 When transfer made or obligation incurred.—For the purposes of ss. 726.101-726.112:
(1) A transfer is made:
(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, 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.
(2) If 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. 726.101-726.112, the transfer is deemed made immediately before the commencement of the action.
(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1), the transfer is made when it becomes effective between the debtor and the transferee.
(4) A transfer is not made until the debtor has acquired rights in the asset transferred.
(5) An obligation is incurred:
(a) If oral, when it becomes effective between the parties; or
(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
Notes of Decisions
Cited in 3
cases, 1995–2001 · leading case: Crews v. Lankry (In Re Lankry), 263 B.R. 638 (Bankr. M.D. Fla. 2001).
Crews v. Lankry (In Re Lankry), 263 B.R. 638 (Bankr. M.D. Fla. 2001). “A transfer cannot occur under § 726.107 until a transferor has acquired rights in any assets transferred.”
Kiester v. Mizrahi (In Re Mizrahi), 179 B.R. 322 (Bankr. M.D. Fla. 1995). “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.”
Sasha & Sasha, Inc. v. Stardust Marine, 741 So. 2d 558 (Fla. 4th DCA 1999). “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…”
— 726.107(1) — 1 case
Kiester v. Mizrahi (In Re Mizrahi), 179 B.R. 322 (Bankr. M.D. Fla. 1995). “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.”
— 726.107(1)(a) — 1 case
Sasha & Sasha, Inc. v. Stardust Marine, 741 So. 2d 558 (Fla. 4th DCA 1999). “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…”
— 726.107(2) — 1 case
Sasha & Sasha, Inc. v. Stardust Marine, 741 So. 2d 558 (Fla. 4th DCA 1999). “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…”
— 726.107(4) — 1 case
Crews v. Lankry (In Re Lankry), 263 B.R. 638 (Bankr. M.D. Fla. 2001). “A transfer cannot occur under § 726.107 until a transferor has acquired rights in any assets transferred.”
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