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Home » US Law » 2022 West Virginia Code » Chapter 55. Actions, Suits and Arbitration; Judicial Sale » Article 21. Uniform Commercial Real Estate Receivership Act

§55-21-28. Transition

This article does not apply to a receivership for which the receiver was appointed before the effective date of this article.

§55-21-3. Notice and Opportunity for Hearing

(a) Except as otherwise provided in subsection (b) of this section, the court may issue an order under this article only after notice and opportunity for a hearing appropriate in the circumstances. (b) The court may issue an order under this article: (1) Without prior notice if the circumstances require issuance of an order before […]

§55-21-4. Scope; Exclusions

(a) Except as otherwise provided in subsection (b) or (c) of this section, this article applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. (b) This article does not apply to a receivership for an interest in real property improved by […]

§55-21-5. Power of Court

The court that appoints a receiver under this article has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property and all such orders shall have statewide effect.

§55-21-6. Appointment of Receiver

(a) The court may appoint a receiver: (1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or its revenue-producing potential:

§55-21-7. Disqualification From Appointment as Receiver; Disclosure of Interest

(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. (b) Except as otherwise provided in subsection (c) of this section, a person is disqualified from appointment as receiver if the person: (1) Is an affiliate […]

§55-21-8. Bond; Alternative Security

(a) Except as otherwise provided in subsection (b) of this section, a receiver shall post with the court a bond that: (1) Is conditioned on the faithful discharge of the receivers duties;

§55-21-9. Status of Receiver as Lien Creditor

On appointment of a receiver, the receiver has the status of a lien creditor under: (1) Section 46-9-101 et seq. of this code as to receivership property that is personal property or fixtures; and