[WSBARP] Question about Receivers in Foreclosure

Tue Jul 7 14:16:48 PDT 2020

Not knowing any of the particulars, some Receiverships are commenced in
order to delay the inevitable or to further discourage creditors. These
could be grounds for a removal assuming that the alternative does not
prejudice the creditors.  Is the Receiver qualified and experienced?  Is
their compensation reasonable in light of the assets they are holding?  Is
there a quicker, less expensive and more expedient method other than
Receivership.  Perhaps your motion could alternatively allege that the
receiver's functions should be limited in scope or in time.
Good luck,

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com

Notice: This communication, including attachments, may contain information
that is confidential and protected by the attorney/client or other
privileges. It constitutes non-public information intended to be conveyed
only to the designated recipient(s). If the reader or recipient of this
communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended
recipient, or you believe that you have received this communication in
error, please notify the sender immediately by return e-mail and promptly
delete this e-mail, including attachments without reading or saving them in
any manner. The unauthorized use, dissemination, distribution, or
reproduction of this e-mail, including attachments, is prohibited and may
be unlawful. Receipt by anyone other than the intended recipient(s) is not
a waiver of any attorney/client or other privilege

On Tue, Jul 7, 2020 at 1:30 PM <msafren at jennylinglaw.com> wrote:

> Thanks Douglas,
>
>
>
> I should have been more specific in my question.  I’ve reviewed RCW 7.60
> and I see that RCW 7.60.290(5) allows the court to discharge the receiver
> and terminate the receiver “Upon motion of any party in interest, or upon
> the court's own motion, the court has the power to discharge the receiver
> and terminate the court's administration of the property over which the
> receiver was appointed. If the court determines that the appointment of the
> receiver was wrongfully procured or procured in bad faith, the court may
> assess against the person who procured the receiver's appointment (a) all
> of the receiver's fees and other costs of the receivership and (b) any
> other sanctions the court determines to be appropriate.”
>
>
>
> I’ve only found two cases that speak about the Court’s power to terminate
> the receiver and they don’t really address the good cause or grounds for
> terminating the receiver.
>
>
>
> If anyone has further practical insight, I would be much obliged to speak
> with you about this issue.
>
>
>
> Thanks!
>
>
>
> Warmest regards,
>
> *Michael S. Safren, Esq.*
> *Attorney at Law*
>
> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
> P: (206) 859-5098 | E: msafren at jennylinglaw.com
> *www.jennylinglaw.com <http://www.jennylinglaw.com>* | *facebook.com/jennylinglaw/
> <http://www.facebook.com/jennylinglaw/>*
>
>
>
>
> This communication, including attachments, may contain information that is
> confidential and protected by the attorney/client or other privileges. It
> constitutes non-public information intended to be conveyed only to the
> designated recipient(s). If the reader or recipient of this communication
> is not the intended recipient, an employee or agent of the intended
> recipient who is responsible for delivering it to the intended recipient,
> or you believe that you have received this communication in error, please
> notify the sender immediately by return e-mail and promptly delete this
> e-mail, including attachments without reading or saving them in any manner.
> The unauthorized use, dissemination, distribution, or reproduction of this
> e-mail, including attachments, is prohibited and may be unlawful. Receipt
> by anyone other than the intended recipient(s) is not a waiver of any
> attorney/client or other privilege.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Douglas Scott
> *Sent:* Tuesday, July 7, 2020 11:00 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Question about Receivers in Foreclosure
>
>
>
> Michael, check out RCW 7.60 which is the Receivership statute.  AIts not
> long, but covers what you need.
>
> *DOUGLAS W. SCOTT*
>
> Rainier Legal Advocates|LLC
>
>
>
> 465 Rainier Blvd. N., Suite C
>
> Issaquah, Washington 98027
>
> 425.392.8550 (tel)
>
> 425.392.2829 (fax)
>
>
>
>
>
>
>
> www.rainieradvocates.com
>
>
>
>
>
> Notice: This communication, including attachments, may contain
> information that is confidential and protected by the attorney/client or
> other privileges. It constitutes non-public information intended to be
> conveyed only to the designated recipient(s). If the reader or recipient of
> this communication is not the intended recipient, an employee or agent of
> the intended recipient who is responsible for delivering it to the intended
> recipient, or you believe that you have received this communication in
> error, please notify the sender immediately by return e-mail and promptly
> delete this e-mail, including attachments without reading or saving them in
> any manner. The unauthorized use, dissemination, distribution, or
> reproduction of this e-mail, including attachments, is prohibited and may
> be unlawful. Receipt by anyone other than the intended recipient(s) is not
> a waiver of any attorney/client or other privilege
>
>
>
>
>
> On Tue, Jul 7, 2020 at 10:45 AM <msafren at jennylinglaw.com> wrote:
>
> Hello Fellow Listservers:
>
>
>
> I had a question regarding receivers in a foreclosure.  Specifically,
> about the basis or procedure, or strategy for contesting or removing a
> receiver once a receiver has appointed by the Court to manage a property.
>
>
>
> Any feedback, ideas, or direction is appreciated.
>
>
>
> Thanks!
>
>
>
> Warmest regards,
>
> *Michael S. Safren, Esq.*
> *Attorney at Law*
>
> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
> P: (206) 859-5098 | E: msafren at jennylinglaw.com
> *www.jennylinglaw.com <http://www.jennylinglaw.com>* | *facebook.com/jennylinglaw/
> <http://www.facebook.com/jennylinglaw/>*
>
>
>
>
> This communication, including attachments, may contain information that is
> confidential and protected by the attorney/client or other privileges. It
> constitutes non-public information intended to be conveyed only to the
> designated recipient(s). If the reader or recipient of this communication
> is not the intended recipient, an employee or agent of the intended
> recipient who is responsible for delivering it to the intended recipient,
> or you believe that you have received this communication in error, please
> notify the sender immediately by return e-mail and promptly delete this
> e-mail, including attachments without reading or saving them in any manner.
> The unauthorized use, dissemination, distribution, or reproduction of this
> e-mail, including attachments, is prohibited and may be unlawful. Receipt
> by anyone other than the intended recipient(s) is not a waiver of any
> attorney/client or other privilege.
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200707/5977f0ab/attachment.html>