[WSBARP] New Receiver statutes - automatic stay for custodial receiver of specific property

[Eric Nelsen]

Anyone know much about the new receiver statutes, RCW 7.60? Enacted 2013.

Here's my question:

RCW 7.60.110<http://app.leg.wa.gov/RCW/default.aspx?cite=7.60&full=true#7.60.110> provides for a stay of other proceedings after appointment of "a general receiver or a custodial receiver with respect to all of a person's property..." This language appears to leave out custodial receivers as to specific property. Does that mean that there is no stay of any kind if the custodial receiver is appointed as to specific property only?

I am examining documents in a condo foreclosure where the condo association had a receiver appointed to collect rent during the pendency of the foreclosure process. (The owners had abandoned the unit.) The Order appointing the receiver makes clear that it is as a custodial receiver as to the condo only, and not all the defendants' property, but then affirmatively states that the automatic stay applies to all persons, etc.

Any thoughts? I can see some logic in not having a stay when only specific property is brought under a receivership...

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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