The Receiver Group is an equitable solutions-focused firm specializing in asset protection, management and dispute resolution through receivership. The Receiver Group is available for appointments nationwide and is most active throughout Colorado and the western United States. We are interested in your unique situation and welcome you to contact us for a no obligation consult and how we may be able to help you. Receivership is a complicated endeavor; we can guide you through the process and discuss potential options for resolutions to occur.
The Receiver Group has a wide range of experience in all types of Receiver appointments and consulting partnerships. These include matters involving real property preservation (foreclosure, rents & profits), equity matters and shareholder disputes, liquidation, post-judgement appointment and even dissolution of marriage. We are also Colorado’s most trusted resource in the area of HOA receivership. The Receiver Group has over 15 years of professional experience. Let us demonstrate our proven success to you.
Each receivership situation is unique and does not always fit one specific category. Please explore and CLICK on the groups below representing some of our most common types of appointments:
- Courts commonly appoint Receivers at the request of a mortgage lender that seeks to enforce a mortgage in default. A typical commercial real estate mortgage or deed of trust explicitly provides that on default, the mortgagee may seek the appointment of a Receiver from a court with jurisdiction over the mortgaged premises. Frequently, the terms of the mortgage or deed of trust purport to provide mortgagor consent for the appointment of a Receiver following default.
Traditionally, mortgage lenders have sought the appointment of a Receiver pending foreclosure when the mortgaged property is subject to waste, deterioration, or some other immediate physical harm that threatens to reduce the value of the mortgaged property and thus threatens the mortgagee’s security.
- These matters can include commercial and retail real estate, collateralized businesses, multi-family units, unfinished construction and even single family homes.
- In Colorado, common interest communities or HOA’s have a statutory lien right under CCIOA (The Colorado Common Interest Ownership Act) wherein they may seek various forms of relief for unpaid assessments and costs.
- The Receiver Group is Colorado’s most trusted resource in the area of HOA receivership, where relief is sought pursuant to the statutes of CCIOA to collect a debt.
- This type of action involves a common interest community or homeowners association (HOA) seeking to remedy a debt owed by a homeowner for ongoing assessments and costs. A Receiver can be appointed to take over a non-owner occupied property to administer the property and produce income to collect on a debt as well as preserve the value of the property.
- The rules of equity allow for the appointment of a Receiver under the Federal Rule of Civil Procedure, Rule 66. When under equity, a receivership must be “ancillary” to an otherwise apparently valid claim or remedy and to protect or preserve property during the pendency of a lawsuit. Where the receivership arises out of a statute, it doesn’t matter if ancillary claims exist. These actions are used when stakeholders petition for a Receiver to take over an operating business, company or asset. The main goal being to facilitate an equitable resolution between the parties.
- There are various other forms of relief that can use a Receiver, including post judgement collections, liquidation and even facilitate martial dissolution.