Forgot Password? | Print Page | Contact Us | Report Abuse | Sign In | Request to be a member
News & Press: Court Cases

Voidable Conveyance

Tuesday, August 15, 2017  
Share |


PGA West Residential Association v. Hulven International

Cal.App. 4th Dist., Div. 2 (E064270)  8/9/17

Plaintiff alleged that defendant Mork tried to fraudulently insulate the equity in his condominium from creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork, as the beneficiary of a deed of trust and note, and by later directing Hulven International, Inc. to foreclose on the condominium. The court held 1) the former Uniform Fraudulent Transfer Act (later renamed the Uniform Voidable Transactions Act) applied to the alleged fraudulent deed of trust, but 2) plaintiff's claims were extinguished by the expiration of the seven-year limitations period set forth in Civil Code Section 3439.09(c) even though defendant did not raise the statute as a defense because that statute is a statute of repose and not a statute of limitations. Although a defendant must plead a statute of limitations defense, it is the plaintiff who must plead facts showing that a substantive right has not been extinguished by a statute of repose.

Docket


California Land Title Association


1215 K Street #1816 Sacramento, CA 95814-3905
Email: mail@clta.org  |  Phone: 916-444-2647  |   Fax: 916-444-2851