Here’s how our court receivers in Albuquerque can help you:
With decades of experience handling matters filed in state/federal court, FedReceiver, Inc. has the knowledge, training and experience to efficiently and effectively administer the estate.
Rents & Profits
A rents & profits, or real estate receivership arises out of the enforcement of a deed of trust or mortgage and is based on state statute. A receiver can be appointed to protect, preserve and secure rents during the pendency of a non-judicial foreclosure in California or as applicable in additional states.
A civil action may be filed by agencies such as the Securities & Exchange Commission (SEC), Federal Trade Commission (FTC) or the Commodity Futures Trading Commission (CFTC) related to investor, consumer and derivative market related cases, respectively.
A receiver may be appointed in a marital dissolution proceeding.
A receiver may be appointed to enforce collection of a judgment.
A receiver may be appointed to complete construction due to a default in a construction loan.
Secured Creditor/C&I Loans
A receiver may be appointed in connection with a default by a business or corporation and the receiver may take possession of inventory, cash, receivables, intellectual property and business personal property for the benefit of all creditors, in order of priority.
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 Albuquerque?
Lenders, secured creditors, defrauded investors, partners and members of LLC’s may all be in need of the services of a court appointed receiver.
Real Estate Lenders
You are the beneficiary of a deed of trust. The borrower has defaulted and is not maintaining the insurance, landscaping, plumbing and other building systems. The loan collateral is subject to waste and diminution of value.
You have invested in a partnership. The managing partner has ceased providing monthly financial reports and there is evidence that funds from one entity are being used to pay expenses of other entities.
Breach of Contract
You are a partner/member of a entity that owns real property. The managing partner/member is disbursing funds in a manner that is inconsistent with the governing documents resulting in financial damage.
You are a commercial lender. You have made a loan to a business secured by inventory, receivables and cash collateral and the loan has gone into default. There are irregularities with inventory, trial balance, balance sheets and income statement reports.
How we work together
Reach out to us via our contact page or call our office.
Set an Appointment
An initial call will allow for an initial assessment of the proposed case.
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.
We offer excellent references with local and national law firms, accounting firms and clients.
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 Albuquerque
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.
Receivers Stephen Donell, James Donell, Todd Donell and Sarah Bates have collectively worked on 800+ receiver/partition cases. With a specialty in complex partnership disputes, the team also is appointed in connection with defaulted real estate loans, business loans, divorce, judgment enforcement, health & safety, regulatory and charging orders.
12121 Wilshire Boulevard
Los Angeles, CA 90025
Stephen J. Donell Los Angeles
President of FedReceiver, Inc., Jalmar Properties, Inc. and Donell Expert Services, Inc.
Todd D. Donell Los Angeles
Executive Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
James H. Donell Los Angeles
Founder and CEO of FedReceiver, Inc. and Jalmar Properties, Inc.
Sarah R. Bates Los Angeles
Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
Albuquerque Court Receiver FAQs
What are the powers of a court receiver?
The receiver has the power to take possession of the receivership assets as defined in the order appointing the receiver. This may also include business personal property, computers, documents, records, leases, contracts, mail, intellectual property, accounts receivables, and other property of the business. the receiver may also be appointed as a tiebreaker over a business. This may include being appointed as a provisional manager of a business. Learn more.
How are court receivers appointed?
In New Mexico, 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.
How do you become a court receiver?
First, in New Mexico, there are no licenses, permits, designations, or degrees that someone seeking to be appointed as receiver must hold. However, experience is key.
In order to be appointed as receiver, you must demonstrate that you have the requisite skills and experience to be able to administer the receivership estate, and depending upon the type of asset over which you are appointed as receiver, you must possess expertise in that particular field. It is imperative that you have knowledge of all types of either real estate or businesses over which you may be appointed as receiver. However, it is possible after the appointment to employ a consultant to assist as may be needed. Learn more.
When is a court receiver appointed over a company?
Courts have authority to appoint receivers in the following pertinent circumstances: where a corporation is insolvent, in imminent danger of insolvency, or has forfeited its rights and in all other cases were necessary to preserve the property/receivership asset or rights of any party. In addition, a court has the power to appoint a receiver for a nonprofit corporation if it has reasonable grounds to believe that unless a receiver of the corporation is appointed, the interests of the corporation or its members will suffer. Learn more.
What happens when receivers are appointed by the court?
When the court appoints a receiver in California, Nevada, Arizona, New Mexico, and throughout the country, this sets off a series of events that will impact the asset over which the receiver has been appointed. The duties and responsibilities of the receiver are identified in the order appointing the receiver.
Depending upon the type of case, which could include a real estate, business, judgment, divorce, regulatory enforcement actions, or health and safety-related cases, the receiver may take possession of all or a portion of the business or real property.
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. Learn more.
Can a receiver hire a lawyer?
An Albuquerque court-appointed receiver may hire counsel. However, the receiver must not employ an attorney without the approval of the court. Read more.
Can a receiver borrow funds?
An Albuquerque 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. Read more.
How do court-appointed receivers get paid?
In New Mexico, the court receiver is entitled to seek compensation. 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 the receiver’s invoice providing reasonable detail of work performed. Any party has an opportunity to object to the receivership fees and the receiver should not pay such fees prior to the objection period expiring. Read 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