Experienced Miami Attorneys Representing Receivers
During mortgage foreclosures and certain other business or real estate litigation, courts may appoint receivers to take control of properties and preserve their value until the resolution of the court proceedings. Properties in receivership can include anything from businesses and real estate holdings to marital assets and estates in probate. Receivers have a legal responsibility to act as a fiduciary for the property.
Court-appointed receivers normally retain an experienced attorney who can assist the receiver with his duties and legal responsibilities.
At Warren Gammill & Associates, we have experience with all aspects of receivership. We act as attorneys for receivers appointed to manage anything from small businesses to the most complex real estate holdings. Our job is to give the receiver the legal platform and advice that he may need to accomplish his goals of managing, preserving, or liquidating the receivership estate. Contact us today if we can help you with your receivership issues.
Assistance for Those Seeking Positions as Court-Appointed Receivers
Court-appointed receivers are officers of the court and are protected from personal liability for performing the duties of their receivership. Because of the level of trust and responsibility invested in receivers, the courts require a significant level of competence and trustworthiness.
We help clients with this process. We prepare the appropriate receiver certificates to raise funds, and we draft and argue the motions brought by the receiver to the court.
Competent Counsel and Prudent Guidance for Court-Appointed Receivers
As attorneys for the receiver, we provide legal counsel and litigation services in a wide variety of situations:
- Bringing and defending lawsuits as required by the receiver
- Protection of property from loss or waste during real estate foreclosures, business and corporate dissolutions, or unlawful detainer actions
- Overseeing abandoned or vacant properties, including the completion of construction projects abandoned by mortgagors
- Collection of real estate rents during judicial foreclosures, foreclosure redemption periods, unlawful detainer actions and corporate dissolutions
- Taking control of, operating and winding up deadlocked or insolvent partnerships, corporations and other businesses
- Taking control and possession of businesses that are subject to certain actions by governmental agencies
- Liquidation of property during litigation or after a final judgment
- Preservation of property while an appeal is pending
We assist receivers with the legal work associated with their roles, including drafting construction agreements with service providers, contractors and suppliers; removing or settling city, county or state liens; closing the sale of properties as directed by the court.
We also help receivers deal with code enforcement violations, fire code violations, and other regulations. Penalties for these violations can be steep, but they can often be mitigated if dealt with aggressively.
During legal proceedings, our representation includes the drafting of orders, bringing any necessary lawsuits on the receiver's behalf, and defending any claims against the receivership property.
Warren Gammill & Associates provides knowledgeable receivership representation in a wide variety of cases. To discuss your legal needs, contact us today to schedule a consultation with one of our lawyers.