PGA W. Residential Ass’n v Hulven Int’l (Commentary)

Real Property Law Reporter (Vol. 40, p. 137 - 138, Nov. 2017)

3 Pages Posted: 8 Mar 2018

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: November 2017

Abstract

PGA West Residential Association (Creditor) alleged Dempsey Mork (Debtor) tried to fraudulently insulate the equity in his condominium from creditors by naming Hulven International, Inc. (Hulven), a sham corporation entirely owned and controlled by Debtor, as the beneficiary of a deed of trust and note, and by later directing Hulven to foreclose on the condominium. Hulven demurred, arguing Creditor’s lawsuit was barred by a 7-year limitations period for actions under the former Uniform Fraudulent Transfer Act. (Effective January 1, 2016, the former Uniform Fraudulent Transfer Act (UFTA) was amended and renamed the Uniform Voidable Transactions Act.) The superior court overruled the demurrer and, after conducting a bench trial, entered judgment for Creditor.

Keywords: Fraudulent Conveyance, Voidable Transaction, Limitations, PGA

Suggested Citation

Bernhardt, Roger, PGA W. Residential Ass’n v Hulven Int’l (Commentary) (November 2017). Real Property Law Reporter (Vol. 40, p. 137 - 138, Nov. 2017). Available at SSRN: https://ssrn.com/abstract=3132677

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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