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Types of Court Receivers

There are a variety of types of court receivers. State & Federal Courts have the power to appoint limited purpose and equity receivers. These include receiverships involving secured creditors, investors, consumers, spouses, judgment creditors, to sell liquor licenses, Health & Safety, cannabis, business dispute matters, corporate insolvency, unlawful detainer, criminal matters involving restitution and for other specialized purposes. A receiver appointed in connection with a defaulted real estate loan is known as a Rents & Profits Receiver. A receiver appointed over an entity is known as an Equity Receiver. Here we will introduce you to the different types of court receivers and what they do. Contact us to learn more, and figure out how our many types of court receivers can help you.

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Real Estate Receiver

Arising out of the enforcement of a deed of trust or mortgage, a receiver may be appointed to take possession of real property in order to protect and preserve the asset and to secure and collect rents during a judicial foreclosure action. Property types include office, industrial, multifamily, residential, retail, self-storage, RV parks and other specialty properties.

SEC, FTC, CFTC Receiver

For over 25 years, our receivers have administered cases involving government enforcement actions encompassing more than 25,000 defrauded investors/creditors, and more than $1 billion in investor funds raised worldwide through Ponzi schemes and other fraudulent investment vehicles.

Business Receiver

A receiver may be appointed to take possession of loan collateral, ultimately leading to potential sale, liquidation and/or turnaround of the business.

Judgment Enforcement Receiver

A remedy available to judgment creditors is to seek the appointment of a receiver in aid of execution of a judgment. Post judgment receivers can take many steps to collect a judgment. These steps typically include liquidation of the judgment debtor’s assets to satisfy the judgment creditor’s claim.

Partnership Dispute Receiver

Our receivers enforce charging orders for the collection of money against partnership interests

Gas Station Receiver

Affiliate Petroleum Capital Advisors provides full-service real estate/business management, legal services geared toward petroleum/c-store and/or car wash assets, and brokerage services.

Healthcare Receiver

Properties such as senior housing, assisted living communities, Alzheimer and dementia care facilities operate as certified Residential Care Facilities for the Elderly (RCFE). Our receivers help protect these business operations and ensure that they comply with the Community Care Licensed Division (CCLD), a division of the Health and Human Services Agency Department of Social Services.

Hospitality Receiver

FedReceiver, Inc. and team member Traub & Associates provide receivership, asset management and consulting services for distressed hotel and hospitality properties throughout the United States. With substantial combined experience in the administration of court-appointed receivership cases as well as full service asset management for hospitality properties, FedReceiver and Traub have the combined resources to react to the current challenges facing hospitality industry owners and lenders.

Construction Completion Receiver

Our receivers successfully completed the construction and sale of hundreds of properties including single family residential, improved residential subdivision lots, residential condominiums and commercial office buildings. Our team handles and/or oversees all aspects of entitlements, permitting, construction completion, insurance and the court-approved sale of the properties.

Marital Dissolution - Divorce Receiver

Receivers can be utilized in highly contentious divorce cases where the assets include real estate, businesses, personal property, securities, intellectual property or other disputed assets.

  • Preservation of a common fund or property in dispute and in danger of injury or dissipation
  • Rents, Issues and Profits (Real Estate)
  • Substandard Housing – The California Supreme Court reaffirmed the broad discretion that appointing courts have in directing their receivers’ administrations and established that “rehabilitation” of substandard properties in Health and Safety Code receiverships may reasonably include demolition when repair is uneconomic per City of Santa Monica v. Guillermo Gonzales, 43 Cal. 4th 905 (2008 Cal. LEXIS 5445), 2008. This opinion is a strong endorsement of the Health & Safety Code receivership remedy for substandard housing.
  • Housing Completion/Sale
  • Enforcement of a judgment/in aid of execution – California Code of Civil Procedure Section 708.620 provides the circumstances in which a receiver in aid of execution may be appointed. California Code of Civil Procedure Section 708.510(a) authorizes the court to order a judgment debtor to assign to a receiver in aid of execution all or part of a right to payments- including rents, commissions, royalties, payments due from a patent or copyright, the loan value of an insurance policy, or wages due from the federal government that are not subject to an earnings withholding order. A receiver in aid of execution is vested with the same powers as the judgment creditor to collect the judgment.
  • Disposition of property according to a judgment or the preservation of property pending appeal
  • Windup of a dissolved corporation
  • Partition actions
  • Fraudulent transfer actions
  • Conduct an unlawful detainer action
  • Take possession of a corporation/entity that is involvement or in danger of insolvency
  • Enforce (Family Law, other civil actions) orders, including collection of support, sell community assets, operate businesses and professional practices and cause their sale for the benefit of the community estate; intercede to stop an IRS assets seizure – Under the Family Code, a receiver may be appointed to enforce any family law order or judgment. The most typical cases for the involvement of receivers include those in which a party is seeking to enforce spousal or child support orders or to preserve, manage, or safeguard community property pending a property division order.
  • To take possession of assets that may be involved in fraudulent transfer or purchase transactions, both private creditor and state and federal regulatory actions
  • Enforcement of charging orders for collection of money against interest in partnerships and limited liability companies; liquidate partnership and LLC’s
  • Criminal receiverships – Two different statutes authorize the appointment of a receiver in criminal cases. Penal Code Section 186.11, sometimes called the Freeze and Seize Law, provides for the appointment of a receiver, at the request of a prosecuting agency, when a complaint or indictment charges a person with committing two or more felonies in which a material element is fraud or embezzlement involving a pattern of related felony conduct.
  • Liquidate professional practices
  • Sell ABC licenses
  • Sale of intellectual property rights
  • Regulatory – fraud/ponzi schemes, real estate, consumer protection, department of real estate, corporations commission – To protect the public, various statues authorize the court to appoint a general equity receiver. The function of this type of receiver is to take control of the defendant’s assets or business and sometimes, if the defendant is a corporation or partnership, the defendant itself.2
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