Blog

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, the battle is not over yet. Now the phase of enforcing and collecting on that judgment begins. In many cases, a judgement debtor will never willingly satisfy a judgment. 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.

In California, a Health and Safety Receivership is an effective option to resolve code enforcement issues with residential and commercial properties. Health and Safety Receiverships commonly deal with substandard or abandoned properties when property owners fail to comply with code enforcement or when there is a threat to the health and safety of residents or the surrounding community. While receivership may not initially sound like a resource for illegally-operating marijuana facilities, the illegal sale of marijuana likely constitutes a nuisance pursuant to the California health and safety code and can be a threat to the health and safety of the surrounding community and/or businesses. The Receivership Remedy can resolve complex issues that arise with rogue marijuana dispensaries as dispensaries become more and more common and the industry continues to inflate.

A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.  A service mark is basically the same thing, except it distinguishes the services provided by one party rather than physical goods.   Trademarks protect what we typically think of as brand names or logos.

Trademark laws prevent the use of geographic terms without secondary meaning as trademarks.  A term that primarily describes the place a product originates is not entitled to trademark protection because it is geographically descriptive.  If a term uses a geographic description and the public is likely to think that it is meant to indicate that the goods or services come from that place and the goods or services do not actually come from that place, the mark can only be enforced or registered upon a showing of secondary meaning.  A geographically deceptive mark cannot be registered at all.