Blog

Receivership serves as an essential tool in the financial and legal landscape, particularly in states like California, Arizona, and Nevada. This process allows courts to appoint an independent individual or entity, known as a receiver, to take control of assets in dispute. While receiverships may sound daunting, they can provide a structured framework for resolving disputes and protecting the interests of creditors and stakeholders. In this blog, we will explore the different types of receiverships, focusing on their specific applications and benefits.

When legal disputes arise, particularly those involving financial assets, businesses, or real estate, complexities can escalate to a level that necessitates impartial oversight. This is where court-appointed California receivers become essential. They serve as neutral parties tasked with managing and protecting assets throughout the duration of legal proceedings, ensuring that all parties are treated equitably. Their role is not merely procedural; it is vital for maintaining the integrity of assets amidst disputes.

Municipalities of all sizes across the United States grapple with health and safety issues related to real property. The challenges and dangers posed by nuisance properties are generally similar, as are the consequences of neglecting them. However, the approach taken by each state to address these issues varies. For example, the Health and Safety Receivership remedy in California differs from the remedy in Nevada or in Arizona.

Nationwide commercial property foreclosures are up significantly since 2023. According to a recent report released by ATTOM in February of this year, the end of 2024 saw a significant year-over-year increase with 725 commercial properties going into foreclosure. California led the charge with 257, which amounted to a 90% increase from the previous month and a 104% jump compared to December of 2023. With foreclosure comes the risk of a property becoming vacant or abandoned. This can eventually cause problems for cities, who run the risk of those vacant commercial properties becoming taken over by squatters or converting into hotbeds for crime.

Clark County officials have presented a transformative bill to Nevada state lawmakers aimed at combating the alarming negligence of landlords who fail to address dangerous living conditions, endangering tenant health and safety. The newly proposed Assembly Bill 211 amends existing language and revises provisions related to substandard properties, advocating for the appointment of a health and safety receiver in certain situations.

A common problem we see across the region is a city’s frustration with commercial nuisance properties. When left in a neglected state, these substandard properties pose a risk to communities because of lingering or worsening hazardous conditions. They also become hotbeds for crime, attracting squatters and illegal activity that compromises feelings of safety and security. Health & Safety Code § 17920.3 “Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building…” Link to