A vertical stack of newspapers

Category: Resources

A person signing a contract

Can a receiver evict a tenant?

When a real estate receiver is appointed by the court, the receiver takes possession of the real property which is the subject of the receiver’s action. The receiver must comply with all of the same codes and ordinances that any other landlord or owner is subject to. If a tenant defaults on its lease, the…

A judge's mallet

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…

A man talking on his phone turned away from the camera

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. Lenders…

A modern house seen from outside

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…

A man walking with a leather bag in his hand

What are the qualifications of a receiver?

The receiver is an agent, officer, or arm of the Court. By definition, a receiver is neutral and must not have any financial interest in the asset over which the receiver is appointed. There are no licenses that receivers are required to possess. However, there are many considerations regarding the qualifications of a receiver. The…

A house with a pool

What is the property of the receivership estate?

What is the property of the receivership estate?

Two smartly dressed men walking down a street in a commercial district facing away from the camera

How do you become a court receiver in California?

Learn how to become a court-appointed receiver in the state of California. This article explains who qualifies and what qualifications are necessary for this job

A meeting room

When is a receiver appointed over a company?

Partnership disputes can lead to disagreements over who will take control of the company. Learn when and how a receiver may be appointed in such cases.

Federal Courthouse

The Life Cycle of a Court Receivership

All court receiverships are not created equally, but the life-cycle of a court receivership has similarities that can be seen in almost every case.

A building with the sky as a background

Get in Touch Today