The plaintiff moved for leave to register a certificate of pending litigation (CPL) against a property she previously owned, alleging it was fraudulently transferred by the second mortgagee to a newly incorporated company under a power of sale.
The court found multiple 'badges of fraud', including a sale below market value, lack of public marketing, and a prior relationship between the parties.
Concluding there was a triable issue regarding the plaintiff's interest in the land, the court granted the CPL and awarded partial indemnity costs to the plaintiff.
