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A Health and Safety Receivership is a legal remedy to combat neighborhood blight and transform problematic properties back into safe and habitable structures. A house or building within a community may be deteriorating due to various reasons ranging from severe hoarding, contaminated or unsafe living environments, or owner abandonment. Deteriorating properties are usually produced because no responsible party is willing or able to address the problems on the property. Whether due to an uncooperative property owner, quarreling heirs, disputes regarding title, or an owner that cannot be located, the structure or dwelling is poorly maintained making it an eyesore and hazard to the community. When a property is in severe disrepair and a danger to its tenants or neighboring residents, the property will affect the entire neighborhood.

The California Partition Remedy addresses disputes between co-owners of a property. A partition action is utilized when co-owners cannot decide how to handle jointly-owned property. When a property is jointly owned by two or more parties, all owners have a right to the partition remedy to divide their interest in the property. Co-owners may be family members, friends, unmarried or divorced couples, or business partners. Usually co-owners buy or inherit property on good terms with the same objective in mind, but over time their interests diverge, and they develop conflicting ideas about how to use, manage, improve, or dispose of the property. Properties subject to partition include, but are not limited to, single-family residences, vacation homes, investment properties, commercial buildings, apartment buildings, and parcels of land.

Substandard motels are present in cities across the state California. We have all stayed in a motel where we wished we had read the Yelp reviews first, right? Usually property owners of these substandard commercial properties neglect the basic maintenance needs of the property to save money which, in turn, causes the property to fall into severe disrepair. In these situations, a Court-Appointed Health and Safety Receiver can step in to provide the solution to protect the community and occupants from such dangerous conditions. A Receiver can be appointed by the court to rehabilitate and preserve substandard commercial properties.

A Rents and Profits Receivership assists in the enforcement of a mortgage, deed of trust, or related assignment. A rents and profits receivership commonly occurs when a property owner defaults on a mortgage and the lender seeks the appointment of a receiver to protect the collateral while foreclosure commences. Deeds of trust typically provide for the appointment of a receiver and contain an assignment of rents provision to collect rents and preserve the property. A court-appointed receiver has the right to take control over and possess all collateral property subject to the deed or mortgage as directed by the court. A receiver is appointed by the court to collect and secure rents and to preserve and protect the property during a foreclosure.

Hooray a judgment as been entered! However, just because a decision has been made, the battle is not over yet. Now the phase of enforcing and collecting on that judgment begins. In many cases, a judgment debtor will never willingly satisfy a judgment. For this reason, a post-judgment Receivership is a great judgment enforcement remedy that can help recover money to pay the judgment. A post-judgment Receiver is appointed by the court and, for example, may be granted the authority to manage and take possession of the judgment debtor’s real and personal property to collect, lease, repair, or sell as the court directs. Courts have interpreted that a post-judgment Receiver is in fact working for the benefit of the judgment creditor that sought the appointment of the Receiver.