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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

  Chapter 375back to chapter 375

  375.1194.  Transfer of real property not voidable, when. — 1.  After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair market value or, if not made for a present fair market value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred.  The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located.  The exercise of any authority by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.

  2.  After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted:

  (1)  A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair market value or, if not made for a present fair market value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred;

  (2)  A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending;

  (3)  A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith; and

  (4)  A person asserting the validity of a transfer under this section shall have the burden of proof.  

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Except as elsewhere provided in this section, no transfer by or on behalf of the insurer after the date of the petition for liquidation filed by any person other than the liquidator shall be valid against the liquidator.

  3.  Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection 1 of this section shall be personally liable therefor and shall be bound to account to the liquidator.  Any court of competent jurisdiction shall issue an order of contempt upon application of the liquidator with respect to any person who fails to make such account.

  4.  The provisions of sections 375.1150 to 375.1246 shall not be construed to impair the negotiability of currency or negotiable instruments.

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(L. 1991 H.B. 385, et al. § 76)


< end of effective 28 Aug 1991 >

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