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A California court-appointed receiver may borrow funds. The process of borrowing funds is subject to court approval. The court receiver will need to identify the reasons for the borrowing which may include the preservation and management of the real estate, property, or business operations over which the receiver has been appointed. The borrowing itself is…

In the State of California, there are numerous elements of the law that require landlords to provide housing in a reasonably safe and habitable manner. The duty of care that a landlord owes to its tenants, guests, and invitees requires that it uses ordinary care to comply with the rules of the road including numerous…

In the State of California when more than one person is a co-owner of the property and one of those individuals wants to sell and the other does not want, the law in the State of California allows the sale of property through a legal action known as partition. In order to proceed with a…

A receiver is always appointed by the court pursuant to a court order. Sometimes appointed receivers may be provided with the authority to sell real estate. This authority is contained in the California Code of Civil Procedure Section 568.5. The receiver must use reasonable care to sell the property at or above market rates. A…

A California court-appointed receiver may be appointed pursuant to the State of California Code of Civil Procedure 564. This code identifies the following circumstances under which the court may seek the appointment of a receiver:

A California court-appointed receiver may hire counsel. However, pursuant to California Rules of Court, the receiver must not employ an attorney without the approval of the court. The application for approval to employ an attorney must be in writing and must include the following: ·   Reason the court receiver needs to retain counsel; ·…

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…

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…

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…