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Fraudulent Transfers Of Real Estate In Florida

For many people, real estate is their most valuable asset. You may have significant holdings in real property, whether vacation homes, second homes, condominiums, farmland or investment properties.

When you’re facing significant debts, it’s natural to want to protect your hard-earned real properties. However, transferring title to someone else for the purposes of avoiding creditors amounts to a fraudulent transfer (also called a fraudulent conveyance). Creditors can bring a lawsuit under Florida’s Uniform Fraudulent Transfer Act (FUFTA) to reverse the sale, which means it will again be exposed to creditors.

Legal Representation In Fraudulent Transfer Claims

At Brown & Associates Law & Title, P.A., our attorneys represent property sellers, purchasers, owners and creditors in fraudulent transfer claims. Much is often at stake in these cases. Millions of dollars in real property may be on the line.

When you work with our firm, you can trust that your case is in the hands of an experienced legal team. We have the in-depth knowledge of Florida real estate law and litigation that it takes to address fraudulent conveyance claims.

Evidence Of Fraud

Fraudulent transfer cases aren’t always clear-cut. There isn’t a singly decisive factor or bright-line rule for what amounts to a fraudulent conveyance.

When courts determine whether a fraudulent real estate transfer occurred, they will look at factors such as:

  • The relationship between the parties
  • Whether the seller is still occupying the property
  • The timing of the transfer and whether it coincides with the creditor’s collection efforts
  • The value of the property and the price paid in the transfer
  • How quickly the transfer took place

Ultimately, the court will decide whether the transfer was fraudulent based on the totality of the circumstances.

Let Our Legal Team Help Shed Light On Fraudulent Transfer Claims

If you find yourself facing claims of a fraudulent real estate transfer, or if you are a creditor seeking to pursue a fraudulent transfer claim, our firm can help. We offer free initial consultations. Please contact our offices in Tampa and St. Petersburg online or by phone at 813-576-3790 to get started.