• Attorneys
  • Practices & Industries
  • Thought Leadership +
    • Videos
    • Podcasts
    • Publications
      • Chemical Law & Prop 65 Blog
    • Webinars
  • News & Events +
    • News
    • Events/
      Speaking Engagements
  • About
  • Careers
  • Diversity
  • Contact
  • Offices
  • Payment Portal +
    • Pay your invoice
    • Pay your retainer
Buchalter
  • About
  • Careers
  • Diversity
  • Contact
  • Offices
  • Attorneys
  • Practices & Industries
  • Thought Leadership +
    • Publications
      • Chemical Law & Prop 65 Blog
    • Webinars
    • Videos
    • Podcasts
  • News & Events +
    • News
    • Events/
      Speaking Engagements
  • Payment Portal +
    • Pay your invoice
    • Pay your retainer
« View All Publications

Receivership in Real Estate Transactions

  • Download


December 4, 2020
Lexis Nexis

By: Richard Ormond

Overview

What Is a Receiver?

A receiver is a court-appointed officer that acts as a “neutral” to manage assets (real property or personal property) or even manage businesses as going concerns when they are the subject of a legal dispute. A receiver can also be appointed to act as a liquidator of such assets or businesses. A receiver’s primary role is to efficiently preserve assets in trust for all creditors.

Receivership is a legal remedy that exists in federal and state courts and provides an aggrieved party the option of placing an asset or business into legal custody, meaning that the court dispossesses the party in control of that asset or business and puts it into the hands of a court-appointed agent the receiver.

Technically, the receiver is an officer of the court whose authority is derived through the equitable powers of that court. In federal court, the appointment of a receiver is authorized by Fed. R. Civ. P. 66; in state court, it is authorized under both common law and statute. Receivers are, by the nature of their appointment orders, fiduciaries of the court much like a trustee in a bankruptcy context. As a result, actions taken by the receiver are seen as actions by the court.

To view full article, click here. *subscription required

Share

Related Attorneys

  • Richard P. Ormond
Buchalter footer logo

Adam Bass, Buchalter President & CEO

  • About
  • Careers
  • News & Events
  • Subscribe
  • Denver
  • Los Angeles
  • Napa Valley
  • Orange County
  • Portland
  • Sacramento
  • Salt Lake City
  • San Diego
  • San Francisco
  • Scottsdale
  • Seattle
  • © Copyright 2023 Buchalter, A Professional Corporation
  • Privacy Notice
  • Notice at Collection
  • Do Not Sell or Share PI
Buchalter Communications

We love sharing our knowledge, but we don't want to inundate you. If you would like to receive communications from Buchalter, please highlight the text boxes below indicating which type of communications you would like to receive, and provide your name and email address. [Street address is only necessary for Points and Authorities.] We appreciate your interest in our work.

"*" indicates required fields

Type*
This field is for validation purposes and should be left unchanged.