What is a Court-Appointed Partition Referee?
April 22, 2024
Court-Appointed Partition Referees and Post-Judgment Receiverships Business relationships sour, married couples split up, and family members can’t agree on what to do about a property they share. When these situations can’t be resolved through other means, the courts may appoint a partition referee.
Health and Safety Receivership Remedy to Protect the Neighborhood
October 16, 2018
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.
Receivership Remedy for Abandoned Properties
August 30, 2018
Receivership Remedy for Substandard Motels
August 24, 2018
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.
Rents and Profits Receivership
August 6, 2018
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.
Post-Judgment Receiverships in California
July 20, 2018
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.
Categories
- Court-Appointed Receivership (64)
- Real Estate (53)
- Partition Referee (29)
- Real Estate Finance (28)
- Real Estate Transaction (28)
- Partition Action (25)
- Hoarding (23)
- Commercial Properties (21)
- Enforcing Judgments (20)
- Business Litigation (19)
- Commercial Leases (19)
- Tenants' Rights (18)
- Foreclosure Law (17)
- Business Owners (16)
- receivership (16)
- Contract Disputes (15)
- Collections Law (14)
- Construction Law (13)
- Business Formation: Asset Protection (11)
- Uncategorized (11)
- California (10)
- Receivership Remedy (9)
- health & safety (9)
- receiver (9)
- Consumer Class Action (8)
- Loan Modification (8)
- abandoned property (8)
- receiverships (8)
- Consumer Fraud (7)
- Health and Safety receivership (7)
- code enforcement (6)
- health and safety code (6)
- Health & Safety Code (5)
- fire hazard (5)
- healthy & safety receiver (5)
- Employment Law (4)
- Fraud against Senior Citizens (4)
- Landlord (4)
- Marijuana Dispensaries (4)
- San Diego (4)
- Tenant (4)
- Trade Secrets (4)
- abandoned (4)
- code enforcement officers (4)
- creditor (4)
- money judgment (4)
- nuisance property (4)
- vacant (4)
- Cannabis (3)
- Employment Class Action (3)
- Employment Discrimination (3)
- Health & Safety Code Receiver (3)
- Trademark Law (3)
- business disputes (3)
- collection (3)
- court-appointed receiver (3)
- debtor (3)
- health and safety (3)
- hoarder (3)
- real estate. california (3)
- real property (3)
- rents and profits (3)
- slum (3)
- substandard conditions (3)
- Attorneys' Fees Clauses (2)
- City of San Diego (2)
- Health and Safety Receivership Process (2)
- Post-Judgment Receiver (2)
- Unlawful Detainer (2)
- abandoned building (2)
- bankruptcy (2)
- business (2)
- code (2)
- complaint (2)
- debt collection (2)
- dispute (2)
- distressed properties (2)
- foreclosure (2)
- habitability (2)
- health and saftey code (2)
- hoarders (2)
- hoarding support (2)
- hotel (2)
- judgment (2)
- judgment creditor (2)
- judgment debtor (2)
- law (2)
- partnership agreement (2)
- property (2)
- property value (2)
- rent (2)
- san diego county (2)
- slumlord (2)
- tenant rights (2)
- Animal Hoarding (1)
- City of Chula Vista (1)
- Distressed Business (1)
- Historic Properties (1)
- Liquor License Receiverships (1)
- Mills Act (1)
- Mold (1)
- Neighborgood Blight (1)
- Partition Remedy (1)
- Post-Judgment Receivership(s) (1)
- Reimbursement of Employee Business Expenses (Labor (1)
- The Health and Safety Receivership Process (1)
- absentee landlord (1)
- abstract of judgment (1)
- account levy (1)
- asset (1)
- assignment for the benefit of creditors (1)
- bank garnish (1)
- bank levy (1)
- bitcoin (1)
- board of directors (1)
- business formation (1)
- business owner (1)
- california receivership laws (1)
- city attorney (1)
- collecting judgment (1)
- commercial project (1)
- company (1)
- confidential information (1)
- confidentiality agreement (1)
- court award (1)
- court order (1)
- covid-19 (1)
- cryptocurrency (1)
- debt (1)
- deceased owner (1)
- demolition (1)
- diliberti (1)
- disposable earnings (1)
- family law (1)
- general partnership (1)
- habitability requirements (1)
- hospitality assets (1)
- human smuggling (1)
- illegal business (1)
- illegal cannabis dispensary (1)
- illegal gambling parlor (1)
- initial inspection (1)
- joseph diliberti (1)
- judgment collection (1)
- judgment lien (1)
- lease term (1)
- levy (1)
- lien (1)
- liquidation (1)
- litigation (1)
- lodging properties (1)
- massage parlors (1)
- misappropriation (1)
- motel (1)
- negligent landlord (1)
- new business (1)
- occupant relocation (1)
- partnership (1)
- partnership disputes (1)
- post-judgment collection (1)
- provisional director (1)
- public safety (1)
- real property lien (1)
- real property receiver (1)
- relocation (1)
- rental (1)
- repair (1)
- residential zoning laws (1)
- retail center (1)
- right of possession (1)
- safety (1)
- san diego real estate (1)
- sex trafficking (1)
- short-term rental (1)
- sober living house (1)
- struggling hotels (1)
- substandard hotel (1)
- tenancy (1)
- unlicensed in-home business (1)
- wage garnishment (1)
- warranty of habitability (1)
- weed abatement (1)
- writ of execution (1)