Title 33, Chapter 37, Section 26
( 33-37-26)
(a) 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 equivalent value or, if not made for a
present fair equivalent 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 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. (b) 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 equivalent
value or, if not made for a present fair equivalent 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 Code
section shall have the burden of proof. Except as elsewhere
provided in this Code section, no transfer by or on behalf of the
insurer after the date of the petition for liquidation by any
person other than the liquidator shall be valid against the
liquidator. (c) Every person receiving any property from the insurer or any
benefit thereof which is a fraudulent transfer under subsection (a)
of this Code section shall be personally liable therefor and shall
be bound to account to the liquidator. (d) Nothing in this chapter shall impair the negotiability of
currency or negotiable instruments. |