With billions of dollars of assets managed and controlled by our Riverside Real Estate Receivers/Referees, we have experience in office, industrial, self-storage, single-family, condominium, apartment, parking lots, raw land and equestrian property.
A rents, issues and profits (real estate) receivership arises out of the enforcement of a deed of trust/mortgage. A receiver may be appointed to protect, preserve and secure rents during a foreclosure action. Typically, receiver appointments are completed under the specific performance provision of the deed of trust or assignment of rents clause in the loan documents; however, such a clause is not necessary for the appointment of a receiver.
A receiver may also be appointed to take possession of a property in judicial foreclosure where the property is in danger of being lost, removed or materially injured or where conditions in the deed of trust or mortgage have not been performed. In addition, a receiver may be appointed in a judicial foreclosure in the event that the property is worth less than the debt it secures.
The most common type of real estate/income property that are subject to the appointment of receiver include but are not limited to:
Typically, a receiver who is appointed in a rents, issues and profits case is one that has a professional background in the operation of a business/real estate and may include attorneys, CPA’s, property managers and/or other similarly qualified professionals.
The typical life cycle of a real estate receivership varies. A case can last for less than a day and up to a year or longer, depending on many factors. Ordinarily, a real estate case lasts only a few months, pending the completion of a foreclosure action by the lender. If the underlying default is cured or a bankruptcy is filed, these would be qualifying events to terminate the receivership. 3
3 California Receiver’s Loyola III Receivership Law & Practice 2009 Seminar
As an attorney representing secured creditors who provide C&I loans, I have needed to seek the appointment of a receiver due to loan defaults. Stephen Donell, Receiver, is a take-charge, dependable and results-oriented professional with whom we have a long-standing history. We highly recommend his services as receiver to other lenders and creditors.
Attorney, San Francisco CA
San Francisco, CA
As lenders’ counsel, our firm has worked with FedReceiver, Inc. for many years in connection with real property defaults and several cases involving the appointment of a Receiver. Mr. Donell and his team have distinguished themselves as knowledgeable and effective court appointed receivers.
Attorney, Los Angeles CA
Beverly Hills, CA
Our firm has had multiple opportunities to work with the professionals at FedReceiver and the results have been extremely positive in all of our partition referee and receivership matters.
Attorney, Los Angeles CA
Los Angeles, CA
I have worked with Stephen Donell in multiple cases where he was appointed as receiver over assets secured by loans originated from our lending institution. Mr. Donell’s expertise and experience have been invaluable in the protection of the bank’s loan security.
Lender, Orange County CA
Orange County, CA
Mr. Donell has served as court-appointed Receiver in multiple matters in connection with partnership litigation filed by our firm. Mr. Donell has demonstrated his knowledge regarding asset preservation, forensic investigations, and fiduciary duty violations, and his actions have resulted in positive results for my clients’ interests.
Attorney, Los Angeles CA
Los Angeles, CA
