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 When is a Receiver Appointed?

  • In a family law proceeding, to preserve assets pending resolution of the underlying litigation.

  • Enforcement of judgments.

  • Action by a vendor to vacate a fraudulent purchase of property.

  • Action by a creditor to subject any property or fund to the creditor’s claim.

  • Action between partners or others jointly owning or interested in any property or fund.

  • Action by a secured lender for foreclosure, where the real property is in danger of being lost, removed or materially injured or where the deed of trust is in breach and there is no equity in the property.

  • To dispose of property after a judgment or to preserve it during the pendency of an appeal.

  • To collect and disburse rents during the redemption period, after judicial foreclosure of real property.

  • To take control of, operate and wind up a corporation where the corporation has been dissolved, is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights.

  • In an action of unlawful detainer.

  • To collect rents under an assignment of rents provision while a non-judicial foreclosure is pending.

  • To assist a creditor to inspect real property security to determine the existence of hazardous materials.

  • To take possession of property during a marital dissolution.

  • To liquidate assets arising from partnership disputes or actions in partition.

  • To collect receivables,

  • To execute upon the interest of a partner in a partnership under a charging order.

  • To take possession and control of a business pursuant to an action by a governmental agency such as the Department of Real Estate, Department of Corporations, or Securities and Exchange Commission.

 

 

 


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