Our Court Appointed Phoenix Real Estate Receivers Are Here to Help
With billions of dollars in assets managed and controlled, our Phoenix Real Estate Receivers bring extensive experience in managing properties across all asset classes, including office, industrial, self-storage, multifamily, single-family, condominiums, apartments, retail centers, raw land, parking lots, mobile home communities, and even equestrian properties.
Here’s how our real estate receivers can help you:
In Arizona, courts may appoint a real estate receiver under the Arizona Uniform Commercial Real Estate Receivership Act (UCRERA). Under A.R.S. § 33-2605, a receiver may be appointed in foreclosure or mortgage enforcement actions for several reasons, including:
1. To protect property that is in danger of being lost, removed, or materially injured
2. When conditions in the deed of trust or mortgage have not been performed
3. When the property is worth less than the debt it secures
4. To preserve and collect rents, issues, and profits during foreclosure proceedings
Receivers are often appointed under assignment of rents clauses or deed of trust provisions, but Arizona courts can appoint a receiver even without such clauses if the circumstances warrant it.
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Multifamily
From duplexes to large apartment communities, FedReceiver has managed over 10,000 apartment units nationwide. Cases often involve substandard housing, health and safety code compliance, and issues such as mold, lead paint, pest infestations, and deferred maintenance.
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Office
We have managed office buildings ranging from low-rise to mixed-use developments, handling lease-up challenges, tenant defaults, and deferred maintenance.
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Retail
From single-tenant retail spaces to large shopping centers, our receivers oversee CAM reconciliations, marketing plans, ADA compliance, and tenant management.
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Industrial
Our team manages everything from stand-alone warehouses to multi-building industrial parks, often involving tenant improvements, environmental cleanup, and compliance issues.
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Medical
Receiverships over medical office buildings require specialized knowledge, including ADA accessibility, common area management, and compliance with healthcare facility codes.
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Hotel/Motel
We have managed properties ranging from small roadside motels to luxury resorts, including nationally flagged hotels.
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Mobile Home/Manufactured Home
These properties require expertise in specialized compliance and tenant relations. FedReceiver has overseen mobile home communities throughout the Western U.S.
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Equestrian
FedReceiver has experience managing equestrian training and riding facilities serving Arizona’s strong equestrian community.
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Self Storage Facility
Self-storage operations require careful oversight of tenant security, safety, and facility maintenance.
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Gas Station/Car Wash
FedReceiver has a dedicated team with experience managing gas stations, convenience stores, and car wash facilities, including national fuel brands.
A receiver appointed in a rents, issues, and profits case is typically a professional with a strong background in business or real estate operations. This may include attorneys, certified public accountants (CPAs), property managers, or other qualified professionals with the expertise to manage complex real estate assets under court supervision.
The life cycle of a real estate receivership in Phoenix can vary widely. Some cases may last only a few days, while others may extend for several months or even longer, depending on the circumstances. Generally, most receiverships continue only until the completion of a foreclosure action initiated by the lender. If the borrower cures the default or files for bankruptcy protection, these events often result in the termination of the receivership by court order.
Clients Who Trusted Us
Get in Touch with a Court Receiver in Phoenix Today
Locations Served
With cases involving assets throughout the country and internationally, FedReceiver, Inc. provides nation-wide receivership services including international asset recovery.
Alameda, Butte, County of San Francisco, Contra Costa, El Dorado, Fresno, Humboldt, Imperial, Inyo, Kern, Kings, Los Angeles, Marin, Orange County, Riverside, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Ventura County, and the California District Court
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 Phoenix?
If you are a lender, attorney, investor, government agency, or city attorney, FedReceiver, Inc. provides trusted Phoenix receivership services tailored to address your unique legal and financial circumstances.
Lender
Defaulted real estate loans, business loan disputes, collateral or inventory problems, and even contaminated properties may require the appointment of a Phoenix real estate receiver to preserve and protect assets.
Attorney
Corporate, partnership, creditor rights, bankruptcy, and transactional attorneys frequently request the appointment of court-appointed receivers in Phoenix to ensure neutral oversight and compliance with court directives.
Defrauded Investor/Consumer
When investors or consumers are defrauded, a court-appointed receiver can secure assets and help prevent further losses. Victims may also seek assistance through the Arizona Attorney General’s Consumer Protection Division (AZ AG Consumer Protection).
Government Agency
State and federal agencies may appoint receivers in matters involving criminal restitution, investor and consumer fraud, health and safety code violations, and other regulatory enforcement. In Arizona, agencies such as the Arizona Department of Environmental Quality (ADEQ) (ADEQ) may be involved when environmental compliance issues affect commercial or real estate properties.
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 California
A family business, founded by James Donell, we are leaders 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), panel members at receiver conferences, we are leaders in our industry.
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.
Can a court receiver sell property?
Arizona law permits the sale of real estate out of receivership. The sale is not final until confirmed by the court. 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.
How are court receivers appointed?
In Arizona, 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