Our Court Appointed San Bernardino Real Estate Receivers Are Here to Help
With billions of dollars of assets managed and controlled by our San Bernardino Real Estate Receivers/Referees, we have extensive experience in managing office, industrial, self-storage, single-family, condominium, apartment, parking lots, raw land, and equestrian properties, along with experienced and knowledgeable real estate brokers.
How Our San Bernardino Real Estate Receivers Can Help
A rents, issues, and profits (real estate) receivership typically arises from the enforcement of a deed of trust/mortgage. A receiver may be appointed to protect, preserve, and secure rents during a foreclosure action. These appointments are commonly made under the specific performance provision of the deed of trust or the assignment of rents clause in loan documents, although such a clause is not required for the appointment of a receiver.
A receiver may also be appointed to take possession of a property in judicial foreclosure when the property is in danger of being lost, removed, or materially damaged, or when conditions of the deed of trust or mortgage have not been met. Additionally, a receiver may be appointed if the property’s value is less than the debt it secures.
The most common types of real estate or income properties subject to receivership appointments in San Bernardino include, but are not limited to:
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Multifamily
From duplexes to large apartment communities, our team has managed over 10,000 apartment units across the country. Multifamily receiverships often involve substandard housing, luxury properties, and those with environmental issues. We have expertise in health & safety related cases, including mold, lead paint, bedbugs, roaches, and other sub-standard conditions.
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Office
From low-rise to mid-rise office buildings, including mixed-use properties, FedReceiver has managed office building receiverships facing challenges such as lease-up issues, deferred maintenance, and tenant defaults.
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Retail
Our team has experience in managing retail properties, from single-tenant buildings to large, anchored neighborhood shopping centers. Receivership efforts often focus on lease-up, CAM reconciliations, deferred maintenance, marketing plans, and ADA/health & safety compliance.
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Industrial
From NNN industrial properties to multi-building industrial parks, FedReceiver addresses major tenant improvement projects, environmental cleanup, CAM reconciliation, and deferred maintenance on an as-needed basis.
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Medical
The FedReceiver team has been appointed as receiver over medical office buildings, many of which present unique challenges like maintenance standards, specialized common area requirements, parking, access issues, and code compliance.
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Hotel/Motel
We have experience managing properties ranging from small motels to luxury resorts, including nationally flagged properties.
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Mobile Home/Manufactured Home
Our team is experienced in managing mobile home communities in California, addressing unique code compliance requirements.
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Equestrian
Stephen Donell has been appointed as receiver for multiple equestrian properties, including training and riding facilities that serve the equestrian community.
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Self Storage Facility
Our team has managed self-storage facilities across multiple states, handling unique challenges related to security and safety.
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Gas Station/Car Wash
FedReceiver has assembled a team of experts experienced in managing and operating gas stations, car wash properties, and C-stores, including numerous receiverships involving national gas station brands.
Duration of a San Bernardino Real Estate Receivership
Typically, a receiver appointed in a rents, issues, and profits case will have a professional background in the operation of business or real estate, including attorneys, CPAs, property managers, and other qualified professionals.
The typical life cycle of a real estate receivership can vary. A case may last anywhere from less than a day to over a year, depending on several factors. Ordinarily, a real estate receivership lasts only a few months, pending the completion of a foreclosure action by the lender. If the underlying default is cured or a bankruptcy is filed, these are qualifying events for terminating the receivership.
Clients Who Trusted Us
Get in Touch with a Court Receiver in San Bernardino Today
Locations Served
With cases involving assets throughout the country and internationally, FedReceiver, Inc. provides nation-wide receivership services including international asset recovery.
States with cases/assets include Arizona, California, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Massachusetts, Michigan, Montana, Nevada, Ohio, Oregon, Texas, Utah, Virginia, Washington, Wisconsin.
Who needs a court-appointed receiver in San Bernardino?
If you are a lender, attorney, investor, government agency, or city attorney, FedReceiver, Inc. provides receivership services to address your unique circumstances.
Lender
Defaulted real estate/business loans, collateral and inventory problems, and contaminated property may require the services of a receiver.
Attorney
Corporate, partnership, creditor rights, bankruptcy, and transactional attorneys regularly seek out the services of court-appointed receivers.
Defrauded Investor/Consumer
If you are a defrauded investor or consumer, various government agencies may be able to assist with investigating alleged fraud.
Government Agency
State and federal government agencies in San Bernardino appoint receivers in cases involving criminal restitution, health & safety code violations, investor and consumer fraud, as well as other regulatory matters requiring the appointment of a receiver.
How we work together
From identifying problems to implementing solutions, our experienced team utilizes its decades of experience, expertise, training and resources to successfully administer its receiver, partition, provisional directorship, dissolution manager and distribution agent cases.
Reach out
Please reach out via our contact page or call us at our Los Angeles corporate office. Our state and federal cases involve assets throughout the county.
Set an Appointment
An initial call will allow for an initial assessment of the proposed case.
Sample Pleadings/Orders
With approximately 800 cases, FedReceiver has a vast library of exemplars including motions seeking appointment of receiver, orders appointing receiver and memorandum of points & authorities.
References
We offer excellent references with local and national law firms, accounting firms and clients.
Court Experience
Given our decades of experience and hundreds of cases, we have appeared in state/federal court and have excellent relationships with numerous courts/judges.
Get to know our expert court receivers in San Bernardino
A family business founded by James Donell, FedReceiver, Inc. is a leader in the receivership industry.
With prior experience as President of the California Receivers Forum (CRF) Los Angeles/Orange County Chapter, President of the National Association of Federal Equity Receivers (NAFER), and as panel members at receivership conferences, we are leaders in our field.
Offices
Phone:
310.207.8481
Stephen J. Donell Los Angeles
President of FedReceiver, Inc., Jalmar Properties, Inc. and Donell Expert Services, Inc.
James H. Donell Los Angeles
Founder and CEO of FedReceiver, Inc. and Jalmar Properties, Inc.
Todd D. Donell Los Angeles
Executive Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
Sarah R. Bates Los Angeles
Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
Real Estate Receiver FAQs
What is a court-appointed real estate receiver?
The receiver protects the property and manages it consistent with industry standards or pursuant to a court order. The appointment of the receiver does not impact how the title is held, nor does it impact the existence of a priority of liens against the property.
A court receiver is a useful tool to preserve, maintain and hopefully enhance the value of the real estate. This benefits the property owners as well as the creditors. Learn more.
What is the property of the receivership estate?
The property of the receivership estate will generally be identified in the order to appoint a receiver. However, more specifically, the property and/or assets of the receivership estate may be made up of:
- books and records
- accounts receivables, cash, and securities
- real property and intellectual property
- claims against 3rd parties
- licenses
- bank accounts, business personal property, equipment, vehicles, and inventory
- and insurance policies.
Can a court receiver sell property?
Nevada law permits the sale of real estate out of receivership. The sale is not final until confirmed by the court.
How are court receivers appointed?
In Nevada, a receiver is appointed by the court when one party in a lawsuit files a motion seeking the appointment of a receiver. Receivers are appointed pursuant to court order. Different courts and different judges have different rules and procedures related to the appointment of a receiver. The facts and circumstances dictate which method is utilized.
There are 3 primary ways a judge considers appointing receivers, including a real estate receiver or a partition referee. Learn more.
Does a receiver own the property?
When a receiver is appointed by the court, the receiver takes possession of the asset over which he or she is appointed. This is done pursuant to a court order. While the title is affected by the appointment of a receiver when the order appointing the receiver is recorded, the ownership of the property does not change when a court receiver is appointed. The owners are still the owners; however, the receiver has possession of the property.
Can a receiver change the locks?
At the heart of all receiverships is the receiver’s obligation and duty to take possession of the assets over which he or she is appointed. Maintaining the security of the assets is of paramount importance. Included in this process is the right to change locks. Since the receiver has possession of the property, the receiver generally has the authority to change the locks over the real estate or business. Learn more.
Can a receiver evict a tenant?
A receiver has an obligation to use reasonable business judgment in accordance with the authority granted pursuant to the order appointing the receiver to protect the interests of the property. This includes but is not limited to the need to evict tenants when it is appropriate to do so. Learn more.
Can a receiver terminate a lease or contract?
In certain circumstances, the receiver may reject a lease or contract. The appointment of the receiver is an equitable remedy and the Court may make decisions based on the equities. Similarly, the receiver may be empowered to make decisions based on the equity and fairness of the situation notwithstanding the existence of specific contracts and leases. Learn more.
Can a lender seek appointment of a receiver?
When confronting commercial loan defaults and protecting distressed assets, lenders and servicers often rely on one of four common remedies: workouts, receiverships, deeds in lieu, and foreclosures. Among these, the role of receivers is growing at an accelerated pace, as lenders pursue receivership appointments to minimize losses, preserve property values, and avoid liability exposure. Learn more.
What does it mean to be a receiver of a property?
A receiver is an agent of the Court. In order for a receiver to be appointed, a lawsuit must be filed. A receiver takes legal possession of the property but the receiver does not become the owner of the property. The receiver is generally empowered to collect rent, manage the property, perform repairs and hold net proceeds until further order of the court. Learn more.
How does a real estate receiver sell real property?
The receiver must use reasonable care to sell the property at or above market rates. A fire sale at a below-market rate would be contrary to the duties and obligations of a receiver. However, many conditions will affect the value of the real estate including leases, maintenance, ability to finance, age, location, market conditions, and aesthetics. Before real estate may be sold by a receiver, the court must confirm the sale through a confirmation hearing. Once there is court approval on the request to confirm the sale, a notice of ruling is circulated, and the 60-day appeal period will begin. After the expiration of the 60-day period, title insurance may be obtained, and escrow may be closed thereafter. Learn more.
Review the chapter authored by Mr. Donell
Reviving the Financially Distressed Business
Reviving The Financially Distressed Business is the essential guide for business owners and corporate leaders whose companies are under—or anticipating—financial difficulties. See Chapter 11, Receiverships, written by Court Receiver Stephen Donell, CCIM, CPM
Steve Donell’s contribution to the book “Reviving a Financially Distressed Business” reflects not only his expertise as a receiver, but his sound judgment on how receivership can be used to effectively advance a financially troubled business.”
– Brian Davidoff, Esq. Author and Editor