Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello,You would have to file a motion to remove the receiver, state the facts that support your reason for the removal motion (i.e., real property waste/failure to maintain and preserve). As part of your declaration, you would identify and attach exhibits, and thereby get your evidence preliminarily into the court record. Ultimately, you would have to authenticate the evidence and have the evidence actually admitted during a hearing, assuming that the receiver objects to removal -- otherwise, the receiver would simply step aside and a new receiver appointed. Example:I, [yourname], do hereby depose and say:1. That I am the defendant in the above-entitled action.2. On ??/??/????, this court appointed [receiver name] as temporary receiver in this case, and ordered receiver to collect rents for the mortgagee and take whatever actions were necessary for the preservation and maintenance of the real property, subject to this case.3. On ??/??/????, I visited the subject property and found that it was overgrown with weeds, at practically every location where there is landscaping present (see Exhibit #1, photographs, attached).4. etc.5. etc.6. etc.Subscribed and sworn before me, this ___ day of ____, 2013, by:_________[yourname]Defendant, Pro Se[address][city, state, zip][phone]Hope this helps.
Good information, can I request a hearing and submit the evidence then. Will they typically grant a hearing and what do I need to submit to request the hearing ? No more followup.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).