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Priority Funding: City of Sierra Madre v. Suntrust Mortgage, Inc.

Health and safety receivers have many tools available to them to aid in the rehabilitation of nuisance properties, but arguably nothing is more important than the availability of super-priority funding. Though super-priority liens have been authorized by courts in California since at least 1915 (Title Ins. & Trust Co. v. California Development Co. (1915) 171 Cal. 227), the 2019 case of City of Sierra Madre v. SunTrust Mortgage Inc. is a landmark development, because it brings this authorization into the 21st century by explicitly reiterating the availability of super-priority funding to receivers.

How the Receivership Remedy for Commercial Properties Helped This CA City

For nearly a decade, the City of Banning, CA had to endure the challenges brought on by six unfinished commercial buildings spread over 9 acres of land located just off the 10 Freeway.

When is Demolition the Right Choice?

Abandoned and blighted properties are a difficult reality for countless communities. If these problem properties are not dealt with quickly, they can become a perfect environment for criminal behavior, health risks, nuisance animals and pests, and fire.

Understanding Health and Safety Receiverships Across the U.S.

Municipalities of all sizes across the United States grapple with health and safety issues related to real property. The challenges and dangers posed by nuisance properties are generally similar, as are the consequences of neglecting them. However, the approach taken by each state to address these issues varies. For example, the Health and Safety Receivership remedy in California differs from the remedy in Nevada or in Arizona.

Understanding the Partition Action: What It Is & How It Works

Partition referees play an important role in California’s real estate industry. However, not everyone knows what the partition remedy is or how it works. Understanding this useful tool is the first step in utilizing it effectively to solve conflicts and protect client assets.

Assignment for the Benefit of Creditors: A Remedy to Avoid Bankruptcy

When it comes to California contract law, ABC contracts are a well-established tool that can help individuals and entities avoid a formal bankruptcy filing. “ABC” stands for “Assignment for the Benefit of Creditors,” and the term describes a contract in which an economically troubled “Assignor” transfers control of its assets and property to an independent third party. This third party is called the “Assignee,” and they liquidate and wind-up the entity.

Unique Receivership Projects: How the Receivership Remedy Addressed a California Church Dispute

The receivership remedy can be used for more than just resolving property disputes between two parties. It can be applied to any legal dispute when two parties are at odds over the control, use, or ownership of any asset.

Why a Judgment Enforcement Receiver Is Key in Debt Collection

Debt collection might seem straightforward—until a debtor fails to pay a court-ordered judgment. In many cases, creditors are left with few options when traditional methods of recovery don’t work. This is when a judgment enforcement receiver becomes essential. Appointed by the court, this individual is tasked with overseeing the collection process, ensuring that creditors get what they are owed, and tackling the obstacles that stand in the way of debt recovery. When a debtor refuses to comply with a judgment, a court-appointed receiver can mean the difference between success and continued frustration.
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