Sec. 6.
(1) The court may appoint a receiver as follows:
(a) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, under either of the following circumstances:
(i) The property or its revenue-producing potential is being subjected to or is in danger of waste, loss, dissipation, or impairment.
(ii) The property or its revenue-producing potential has been or is about to be the subject of a voidable transaction.
(b) After judgment for any of the following reasons:
(i) To carry the judgment into effect.
(ii) To preserve nonexempt property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment.
(c) If a receiver may be appointed on equitable grounds.
(d) During the time allowed for redemption, to preserve property sold in an execution or foreclosure sale and secure its rents to the person entitled to the rents.
(2) In connection with the foreclosure or other enforcement of a security agreement or lien, the court may appoint a receiver for the property under any of the following circumstances:
(a) Appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment.
(b) The person that granted a lien in the property agreed in a signed record to appointment of a receiver on default.
(c) The owner agreed, after default and in a signed record, to appointment of a receiver.
(d) The property held by the secured party is not sufficient to satisfy the secured obligation.
(e) The owner fails to turn over to the secured party proceeds or rents the secured party was entitled to collect.
(f) The holder of a subordinate lien obtains appointment of a receiver for the property.
(3) The court may condition appointment of a receiver without prior notice under section 3(2)(a) or without a prior hearing under section 3(2)(b) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorney fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security.
History: 2018, Act 16, Eff. May 7, 2018 ;-- Am. 2020, Act 210, Imd. Eff. Oct. 15, 2020
Structure Michigan Compiled Laws
Chapter 554 - Real and Personal Property
Act 16 of 2018 - Receivership Act (554.1011 - 554.1040)
Section 554.1011 - Short Title.
Section 554.1012 - Definitions.
Section 554.1013 - Court Order; Issuance; Notice and Hearing; Circumstances.
Section 554.1014 - Applicability of Act; Scope; Limitation.
Section 554.1017 - Appointment of Receiver; Objection; Requirements; Disqualifications.
Section 554.1018 - Bond; Alternative Security.
Section 554.1019 - Status of Receiver as Lien Creditor.
Section 554.1020 - Acquisition of Property After Appointment as Receiver; Security Agreement.
Section 554.1022 - Powers and Duties of Receiver.
Section 554.1023 - Duties of Owner.
Section 554.1024 - Stay or Injunction.
Section 554.1025 - Engagement of Professional; Compensation.
Section 554.1027 - "Timeshare Interest" Defined; Executory Contract.
Section 554.1028 - Defenses and Immunities of Receiver.
Section 554.1029 - Quarterly Interim Report of Receiver.
Section 554.1031 - Fees and Expenses.
Section 554.1032 - Removal of Receiver; Replacement; Discharge; Termination.
Section 554.1033 - Final Report of Receiver; Contents; Discharge.
Section 554.1034 - Receivership in Another State; Rights, Powers, and Duties of Ancillary Receiver.
Section 554.1035 - Enforcement by Secured Party; Effect.
Section 554.1036 - Uniformity of Law.
Section 554.1037 - Electronic Signatures in Global and National Commerce Act.
Section 554.1038 - Receiver Appointed Before Effective Date of Act.