For many years, commercial lenders have struggled with ways to protect their collateral following a borrower’s default. If a lender wanted to appoint a receiver to ensure the collateral maintained its value, Florida law provided inconsistent guidance and was a patchwork of different legal opinions detailing when appointment was appropriate and what powers the receiver would possess. Fortunately, a new Florida law will finally provide welcome clarity, certainty and expediency in the appointment of receivers in commercial property litigation and related foreclosures.
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