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Under the Uniform Commercial Real Estate Receivership Act, what are the powers and duties of a receiver?

The Receiver is empowered to: (1) collect, control, manage, conserve, and protect receivership property;(2) operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business;(3) in the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s…

How is a receiver appointed in Arizona?

In Arizona, the Ariz. R. Civ. P. 66 ( “Rule 66”) establishes a specific procedure for appointment of a court receiver. A party can seek to have a receiver appointed pursuant to court order based on the following, consistent with the Rule 66 as follows: (a) Application; Service; Notice; Restraining Order. (1)Application, Response, and Hearing. A party…

A court receiver listening to one of its members talking

What are some of the qualities that make a good court-appointed receiver?

The administration of receivership estates takes specific skills, training, and experience. Receiverships involve litigation and oftentimes unique asset types. A good court receiver will have a good command of the applicable codes, statutes, and ordinances governing the appointment and administration process of the receivership estate. The receiver may also have requisite licenses and professional designations…

partition sale

Why would a co-owner file a partition suit?

A co-owner of real estate in the State of California may seek to force a sale through the use of a partition referee. This is accomplished by filing a lawsuit for partition and seeking to have a court-appointed referee appointed by the court. It is very common for family members who inherit property from their…

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How do California court-appointed receivers get paid?

In California, the court receiver is entitled to seek compensation. This is pursuant to California Rules of Court, rules 3.1183, 3.1184. Typically, the order appointing the receiver will set forth the procedures whereby the receiver may be compensated. Often, a receiver must circulate a notice of intent to pay fees along with a copy of…

People Discussing A Topic

Who cannot be appointed as a receiver in California?

In the state of California, court-appointed receivers must be qualified to serve as receivers. Pursuant to the California Code of Civil Procedure § 566(a), numerous circumstances would prohibit an individual from qualifying to serve as a court receiver. This includes a party to the litigation, an attorney for a party, or a person interested in…

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What is a post-judgment receivership in California?

In California, the legal authority for the appointment of a post-judgment receivership is contained in CCP § 708.610-708.630. The court may appoint a receiver to enforce the judgment where the judgment creditor shows that, considering the interests of both the judgment creditor and debtor, receivership is a reasonable method to obtain the fair and orderly…

los angeles partition referee

What is a Los Angeles Court Partition Referee?

A partition referee is appointed in connection with the filing of a lawsuit involving the partition of real property. After an interlocutory judgment is obtained, a partition referee may be appointed. The partition referee takes possession in order to sell the property pursuant to the court order. The partition referee must be a neutral third…

Los Angeles real estate receiver

What is a Los Angeles court-appointed real estate receiver?

The California Rules of Court, Rule 3.1179 sets forth the basic parameters regarding court-appointed receivers. A Los Angeles court-appointed real estate receiver is an agent of the Court and not a party. As a result, the receiver is neutral, asks for the benefit of all who may have an interest in the receivership property, and…

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