34 Questions
What was the reason for the administrative dissolution of the corporation at the time of the conveyance?
All of the above
If the conveyance was to wind up and liquidate the corporation's business and affairs, would it be considered valid?
Yes, it would be valid
If the officers of the corporation were unaware of the administrative dissolution at the time of the conveyance, and later reinstated the corporation, would the conveyance be valid?
Yes, the conveyance would be valid
If the corporation had not yet been administratively dissolved, but had not filed its annual report or paid certain corporate fees and taxes, would the conveyance be valid?
Yes, the conveyance would be valid
What is the legal basis for the validity of the conveyance in the third problem?
F.S. 607.1622 (2017)
Which of the following cases is cited as supporting the validity of the conveyance in the third problem?
330 Michigan Ave., Inc. v. Cambridge Hotel, Inc., 183 So. 2d 725 (Fla. 3d DCA 1966)
What does Section 554(c) of the Bankruptcy Code state?
Any property scheduled under § 521(1) and not otherwise administered at the time of closing of a case is deemed abandoned to the debtor and deemed administered for the purpose of § 350.
What happens to unscheduled and unadministered assets?
They remain property of the estate.
Which of the following statements is true about abandonment of property in a bankruptcy case?
Abandonment of property requires notice and a hearing.
Who can request the abandonment of property in a bankruptcy case?
A party in interest can request abandonment after notice and a hearing.
What is the purpose of abandoning property in a bankruptcy case?
To remove burdensome or inconsequential property from the estate.
What happens to property of the estate that is not abandoned and not administered in the case?
It remains property of the estate.
Who can sign a deed on behalf of a corporation without the need for an authorizing resolution if the deed contains the corporate seal?
The vice president of the corporation
Which officers are mentioned in F.S. 692.01 as capable of conveying a corporation's property by deed with the corporate seal?
The vice presidents and the president
According to F.S. 689.01, who must sign a corporate conveyance in the presence of two subscribing witnesses?
Any person other than the president or chief executive officer
When is an authorizing resolution needed for signing a deed on behalf of a corporation?
Always, regardless of who signs
In DGG Dev.Corp.v.Estate of Capponi, what did the court incorrectly cite in relation to signing deeds on behalf of corporations?
F.S. 689.01
What did the court correctly include in DGG Dev.Corp.v.Estate of Capponi as officers who could convey corporate property with a deed containing the corporate seal?
The vice presidents
Which of the following is NOT a requirement for the execution and recordation of a power of attorney for a deed?
The power of attorney must be recorded prior to the execution of the deed.
Which of the following is NOT a requirement for a personal representative to sell non-homestead real property without court authorization or confirmation?
The personal representative must obtain consent from all heirs and devisees.
What is the effect of a bankruptcy proceeding on the title of the debtor's real estate?
The title remains with the debtor, and the bankruptcy trustee can only sell, lease, or use the property.
What is the effect of a deed purporting to correct a previous effective deed?
The corrective deed has no effect and the original deed remains valid.
What is the effect of a corporation's conveyance of all or substantially all of its property and assets?
The conveyance requires the approval of the corporation's board of directors.
What is the effect of a personal representative's sale of non-homestead real property with court authorization or confirmation?
The sale requires the personal representative to obtain a court order authorizing or confirming the sale.
What is the effect of a deed that conveys property to a tenancy by the entireties?
The property is owned by the grantees as tenants by the entireties.
What is the effect of a judgment lien on a mortgagor's after-acquired title?
The judgment lien attaches to the after-acquired title.
What is the effect of a corporation's name being omitted from its signature on a conveyance?
The conveyance is valid and binding, as long as the corporation's name is included elsewhere in the document.
What is the effect of a personal representative's power of sale on a mortgage held by the estate of a non-resident decedent?
The personal representative can satisfy the mortgage without any additional requirements.
What is the recommended action to reflect the marketable title in the official county records?
Record the petition in bankruptcy, the schedule of liabilities, and the order of discharge in the county where the property is located.
What happens to the judgment lien against the property owned by the debtor prior to bankruptcy proceedings?
The judgment lien continues to attach to the property even though the debtor has been personally discharged from the debt.
What is the effect of a conveyance to an unincorporated voluntary association?
The conveyance does not operate to vest legal title in the unincorporated voluntary association, unless specifically authorized by statute.
What was the outcome when Blackacre was conveyed by the unincorporated Wild Life Hunting and Fishing Association to John Doe?
The conveyance to John Doe was void because the association did not have legal title to Blackacre.
Which court case is cited in the text as authority for the standard regarding conveyances to unincorporated voluntary associations?
Reid v. Barry
What is the significance of the Florida Bar May 2003 CHAPTER 3 CONVEYANCES reference in the text?
It is the title of the chapter in which the standard regarding conveyances to unincorporated voluntary associations is discussed.
Test your knowledge on the construction of title problems, agency, powers of attorney, and execution and recordation of power of attorney for deed as per the Florida Uniform Title Standards Chapter 1.
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