PGA W. Residential Ass’n v Hulven Int’l (Commentary)

PGA West Residential Association (Creditor) alleged Dempsey Mork (Debtor) tried to fraudulently insulate the equity in his condominium from creditors by naming Hulven International, Inc. (Hulven), a sham corporation entirely owned and controlled by Debtor, as the beneficiary of a deed of trust and note, and by later directing Hulven to foreclose on the condominium. Hulven demurred, arguing Creditor's lawsuit was barred by a 7-year limitations period for actions under the former Uniform Fraudulent Transfer Act. (Effective January 1, 2016, the former Uniform Fraudulent Transfer Act (UFTA) was amended and renamed the Uniform Voidable Transactions Act.) The superior court overruled the demurrer and, after conducting a bench trial, entered judgment for Creditor