Pelleschi v. Pocci
The estate of a judgment creditor sued a debtor and her family trust under FUFTA, alleging the debtor fraudulently transferred her condominium to the trust to avoid an Italian judgment; the trust later deeded the property back. The trial court granted summary judgment to both defendants on a homestead defense, but the Sixth DCA reversed as to the trust because the trust no longer owned the property and the court never found the property was homestead at the times of the relevant transfers.
Key facts
- Estate of judgment creditor sued debtor and her family trust under FUFTA, alleging debtor fraudulently transferred her condominium to the trust to avoid an Italian judgment; trust later deeded the property back to debtor.
- Trial court granted summary judgment for both defendants based on homestead defense; Sixth DCA reversed as to the trust.
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Why it matters
The opinion, and particularly Judge Nardella's concurrence, clarifies that homestead status is measured as of the time of the challenged transfer and that a creditor's FUFTA remedies are not limited to in rem relief… — full analysis with a trial
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