General A court appointed receiver is a flexible means of enforcing security. Court receivers perform a wide range of functions. A court receiver will only generally be necessary where the mortgagee does not have a power to appoint a receiver under its mortgage or by statute or where the nature of the security requires it. […]
Overview The method of enforcement of security will depend on the type of asset and on whether there is a written document setting out the terms of the security and dealing with enforcement. A court order may be required to sell and realise certain types of asset and in certain circumstances where the security has […]
Overview A receiver is one of a number of means by which a bank / mortgagee can enforce a mortgage. A receiver under a mortgage granted by an individual is often referred to as a “fixed charge” or LPA (Law of Property Act) receiver. This is to distinguish this kind of receiver from a floating […]