Defendant has brought her Motion for Summary Judgment/Adjudication (“MSJ”) as to all causes of action of the FAC, 1) Actual Intent To Hinder, Delay or defraud a Creditor (CC § 3439.04(A)(1)); 2) Constructive Fraudulent Conveyance (Cal. Civil Code §3439.04(A)(2); 3) Declaratory Relief; 4) Resulting Trust; and 5) Constructive Trust.
Defendant’s argument is that the property was underwater at the time of the transfer and that there was no equity in the Property due to liens and homestead exemption. Davis Decl. ¶ 6. Specifically, at the time of the transfer (02/11/16), there was a mortgage on the Property of $815,093 (Davis Decl. ¶ 3; Ex. 4), there were two judgment liens on the Property totaling $34,426.13 with interest (Davis Decl. ¶ 4; Ex. 5), and that defendant Allan Davis lived on the Property giving them a homestead exemption of $175,000 (Davis Decl. ¶ 5). Additionally, Defendant’s real estate appraisal expert estimates that the value of the Property on 10/18/16 was $860,000. Greene
Hearing Date
January 17, 2019
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Defendant has brought her Motion for Summary Judgment/Adjudication (“MSJ”) as to all causes of action of the FAC, 1) Actual Intent To Hinder, Delay or defraud a Creditor (CC § 3439.04(A)(1)); 2) Constructive Fraudulent Conveyance (Cal. Civil Code §3439.04(A)(2); 3) Declaratory Relief; 4) Resulting Trust; and 5) Constructive Trust.
Defendant’s argument is that the property was underwater at the time of the transfer and that there was no equity in the Property due to liens and homestead exemption. Davis Decl. ¶ 6. Specifically, at the time of the transfer (02/11/16), there was a mortgage on the Property of $815,093 (Davis Decl. ¶ 3; Ex. 4), there were two judgment liens on the Property totaling $34,426.13 with interest (Davis Decl. ¶ 4; Ex. 5), and that defendant Allan Davis lived on the Property giving them a homestead exemption of $175,000 (Davis Decl. ¶ 5). Additionally, Defendant’s real estate appraisal expert estimates that the value of the Property on 10/18/16 was $860,000. Greene