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Lenders Court-Appointed Receivers

Balch & Bingham LLP

Alabama Enacts Uniform Commercial Receivership Act

Balch & Bingham LLP on

On May 15, 2024, Alabama became the thirteenth state to adopt a version of the Uniform Law Commission’s Uniform Commercial Real Estate Receiver Act (the “Act”). The Act seeks to bring more direction and clarity to...more

J.S. Held

Examining the Uniform Commercial Real Estate Receivership Act in Shaping Arizona’s Real Estate Receiverships

J.S. Held on

Historically, Arizona courts have granted receivers certain powers and duties related to commercial real estate and certain residential property in accordance with A.R.S. § 12-1241,1 and A.R.S. § 12-1242.2 For example,...more

Kaufman & Canoles

Commercial Real Estate Receiverships: The Closing of the Action and Miscellaneous Matters

Kaufman & Canoles on

The sale order should require that the receiver file an accounting of its activities as receiver within so many days of the sale of the property. Once that has been filed, the secured lenders counsel can file a motion to...more

Kaufman & Canoles

Commercial Real Estate Receiverships: History, Factors, and Types of Receiverships

Kaufman & Canoles on

Historically, receiverships for commercial real estate were used to collect rents and fees generated by income-producing properties prior to the completion of foreclosure sales on those properties. While receiverships are...more

Snell & Wilmer

Can a Receiver Prime and Strip Liens Against Real Property?

Snell & Wilmer on

Courts overseeing receivers generally enjoy broad discretion in directing and approving a receiver’s proposed actions. But does that authority extend to a receiver not only granting a super-priority lien ahead of existing...more

Carlton Fields

[Webinar] Florida’s Uniform Commercial Real Estate Receivership Act - October 21st, 12:00 pm - 1:00 pm EDT

Carlton Fields on

Florida’s Uniform Commercial Real Estate Receivership Act (UCRERA) went into effect on July 1, 2020, clarifying the standards for appointment of a receiver for commercial real estate and the receiver’s powers and duties. ...more

Snell & Wilmer

If Receiver’s Sales Aren’t Foreclosures, What Are They?

Snell & Wilmer on

When no statute specifically authorizes a court-appointed receiver to sell real property, what type of sale is it? The Supreme Court of Nevada recently addressed this question, holding that “a receiver sale of real property...more

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