Duran v. Henderson

Pursuant to the Texas Uniform Fraudulent Transfer Act (“TUFTA”), the trial court, after a bench trial, rendered judgment for E. G. Henderson and Betty Henderson, setting aside allegedly fraudulent real estate conveyances by Charles Duran. Charles Duran, Christie Jean Patterson, Individually and as Guardian of the Person and Estate of Charles Duran, and Patresa Duran Gilbert, Trustee of the Duran Family Trust (hereafter collectively Duran) appeal, raising two primary issues: whether TUFTA is a statute of repose that extinguished the Hendersons’ cause of action, or whether it is a statute of limitations; and whether a conveyance of homestead property done with the intent to defraud creditors may be set aside as fraudulent pursuant to TUFTA.

The Hendersons have brought three suits against Charles Duran and the other appellants. In the first suit, they obtained a judgment against Charles Duran awarding them a one-half interest in the net proceeds of a $300,000.00 note receivable. Several years after obtaining this first judgment but before the note’s maturity date, the obligor on the note paid the note in full to Charles Duran. Despite the judgment, however, Charles Duran did not pay the Hendersons their one-half of the note proceeds. At about this time (the exact time is in dispute), Charles Duran conveyed two parcels of real property and transferred certain monies out of his name. Later, Charles Duran was declared non compos mentis, and his daughter, Christie Jean Patterson, was appointed guardian of his person and estate. After Charles Duran failed to pay the Hendersons their one-half share of the note proceeds, they brought a second suit against him for conversion and to recover the money. Again they were successful. The Hendersons contend that during the taking of depositions for the second suit, they learned for the first time about the allegedly fraudulent property conveyances that Charles Duran had made. They then brought the third and present suit. In the present suit, the Hendersons sought to set aside the allegedly fraudulent conveyances made by Charles Duran to Christie Patterson and the family trust; to subject the property covered by these conveyances to a lien; to have the lien foreclosed; to have the property sold in satisfaction of the debt Charles Duran owed to the Hendersons; and to obtain certain monies held in a bank account by Charles Duran or for his benefit. The trial court rendered judgment for the Hendersons, setting aside all of the challenged property conveyances but ordering only part of the real property sold. The court also ordered the bank account funds seized. *fn1