Property receivership

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This Overview introduces the various forms of receivership used to enforce security over a property asset and covers the materials contained in the property receivership subtopic.

The appointment of a receiver is a popular enforcement procedure for creditors with security over a property asset. The procedure for appointing receivers is relatively simple and does not involve the same levels of statutory compliance required in, for example, a company in administration. As such it is a cost-effective enforcement procedure.

What this subtopic covers

This subtopic includes Practice Notes on the following:

  1. •

    pre-appointment considerations and review

  2. •

    enforcement of security by appointment of a receiver

  3. •

    enforcement of security by appointment of an administrative receiver

  4. •

    enforcement by a mortgagee

  5. •

    the role and duties of receivers, termination of receivership and remuneration of the receiver

  6. •

    information to assist navigating common issues arising during a receivership

  7. •

    country guides

The subtopic includes the following Precedents for the appointment of a LPA/fixed charge receiver:

  1. •

    making demand—Demand letter—borrower and Demand letter—guarantor together with the guidance found in Practice Note: How to serve a demand for payment

  2. •

    borrower documentation inviting a receiver appointment—Invitation...

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