(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 one to four dwelling units unless:
(1) The interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owners primary residence;
(2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;
(3) The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owners business; or
(4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(c) This article does not apply to a receivership authorized by law of this state other than this article in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit except to the extent provided by that law.
(d) This article does not limit the authority of a court to appoint a receiver under law of this state other than this article.
(e) Unless displaced by a particular provision of this article, the principles of law and equity supplement this article.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 21. Uniform Commercial Real Estate Receivership Act
§55-21-3. Notice and Opportunity for Hearing
§55-21-6. Appointment of Receiver
§55-21-7. Disqualification From Appointment as Receiver; Disclosure of Interest
§55-21-8. Bond; Alternative Security
§55-21-9. Status of Receiver as Lien Creditor
§55-21-10. Security Agreement Covering After-Acquired Property
§55-21-11. Collection and Turnover of Receivership Property
§55-21-12. Powers and Duties of Receiver
§55-21-14. Stay of Other Actions; Injunction
§55-21-15. Engagement and Compensation of Professional
§55-21-16. Use or Transfer of Receivership Property Not in Ordinary Course of Business
§55-21-18. Defenses and Immunities of Receiver
§55-21-19. Interim Report of Receiver
§55-21-20. Notice of Appointment; Claim Against Receivership; Distribution to Creditors
§55-21-22. Removal of Receiver; Replacement; Termination of Receivership
§55-21-23. Final Report of Receiver; Discharge
§55-21-24. Receivership in Another State; Ancillary Proceeding
§55-21-25. Effect of Enforcement by Mortgagee
§55-21-26. Uniformity of Application and Construction
§55-21-27. Relation to Electronic Signatures in Global and National Commerce Act