On May 30, 2014, DCS executed a quitclaim deed purporting to transfer the Pendio Property, in its entirety, from DCS to Randall Greene and Christina Greene.
Despite the assertion in the Bella Collina POA's Notice of Withdrawal of Motion to Intervene that the DCS Deed was subject to Plaintiffs' interest in the Pendio Property, neither the DCS Deed nor the Greene Deed included language stating that the conveyance was subject to Plaintiffs' interest in the Pendio Prope1iy.
The Greene Deed was executed because Plaintiffs refused to transfer Plaintiffs' interest in the Pendio Property to Greene or DCS. The Greene Deed was designed to prevent Plaintiffs' from asserting Plaintiffs claim to the Pendio Prope1iy.
On June 10, 2014, the Court in the 2012 Lawsuit entered judgment ordering that Plaintiffs were declared the fee simple owners of the Pendio Property retroactive to September 23, 2011, and Plaintiffs' ownership was "free and clear of any right, title, interest, estate, claim or equity from Defendants, William Boylan, Rosa Boylan and Alfresco Acquisitions LLC, or any persons claiming by, through or under them..."
At the time Alfresco executed the DCS Deed, all the Defendants were fully cognizant ofthe 2012 Lawsuit premised on Alfresco's fraud, and Plaintiffs' interest in the Pendio Property.
At the time DCS executed the Greene Deed, all the Defendants were fully cognizant of the 2012 Lawsuit premised on Alfresco's fraud, and Plaintiffs' interest in the Pendio Property.
The Court in the 2012 Lawsuit had appointed a receiver for the Pendio Property prior to both the DCS Deed and the Greene Deed. All of the Defendants had actual knowledge that the Court in the 2012 Lawsuit had appointed a receiver for the Pendio Property. The Comi in the 2012 Lawsuit never authorized the DCS Deed or the Greene Deed, and, although the Pendio Property was subject to court ordered receivership, none of the Defendants sought the Court's approval of such transfers.
All of the Defendants acted with intent to hinder, delay and defraud Plaintiffs, as creditors of Alfresco, through the transfers of the Pendio Property.
The transfer of the Pendio Property from Alfresco to DCS is a fraudulent transfer in violationofFla. Stat.§ 726.105.
The transfer of the Pendio Property from DCS to Randall Greene and Christina Greene is a fraudulent transfer in violation ofFla. Stat. § 726.105.
Plaintiffs are entitled to relief under Fla. Stat. § 726.108.