Florida Statute 726.107 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 726
FRAUDULENT TRANSFERS

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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.

(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under ss. 726.101-726.112 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.

History.—s. 7, ch. 87-79; s. 28, ch. 91-110.

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Amendments to 726.107

Annotations, Discussions, Cases:

Cases Citing Statute 726.107

Total Results: 3

Kiester v. Mizrahi (In Re Mizrahi)

179 B.R. 322, 8 Fla. L. Weekly Fed. B 416, 1995 Bankr. LEXIS 327, 1995 WL 116253

United States Bankruptcy Court, M.D. Florida | Filed: Mar 10, 1995 | Docket: 1499887

Cited 4 times | Published

the deed was dated February 5, 1986, Fla.Stat. § 726.107(1) provides that for the purposes of the Uniform

Crews v. Lankry (In Re Lankry)

263 B.R. 638, 2001 Bankr. LEXIS 927, 2001 WL 715650

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 2001 | Docket: 2572081

Cited 2 times | Published

actually occurred. A transfer cannot occur under § 726.107 until a transferor has acquired rights in any

Sasha & Sasha, Inc. v. STARDUST MARINE

741 So. 2d 558, 1999 WL 543112

District Court of Appeal of Florida | Filed: Jul 28, 1999 | Docket: 2550398

Cited 1 times | Published

the statute took place. Stardust points to section 726.107(1)(a), Florida Statutes (1995), which provides

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