Legal Question in Real Estate Law in California
Inherit Calif Property in process of having Receiver Appointed
I am inheriting a property that had Code Enforcement violations and was in the process of having a Court-appointed Receiver named.
As the new owner, aren't I entitled to correct the Code Violations corrected BEFORE having a Receiver appointed? How can I stop the Receivership proceeding?
Any case law I can use to support STOPPING the Receiver action?
1 Answer from Attorneys
Re: Inherit Calif Property in process of having Receiver Appointed
I haven't come across this situation before, but here are a few thoughts that might be a little better than outright guesses:
(1) The mere fact that you are a new owner by inheritance will not, in and of itself, be enough to bring the receivership to a screeching halt.
(2) The fact that someone shows up at city hall (or wherever this this is run from) and WANTS to do something pro-active about the violations MAY be music to the ears of the enforcement people, who obviously didn't get cooperation heretofore.
(3) You will probably be asked to put up a bond.
(4) No one wants the receivership, except possibly the receiver himself, who may get fat fees for doing this.
(5) Show the bureaucrats that you are able and willing to correct the violations quickly, and you will probably get cooperation in return.
(6) Heirs can refuse bequests if they reject them in timely fashion. Keep this in mind if the fix is more expensive that the property is worth.
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