(a) A court may appoint a receiver:
(1) Before judgment, to protect a party that demonstrates an apparent right to property that is the subject of the action, if the property or the revenue-producing potential of the property:
- (i) Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or
- (ii) Has been or is about to be the subject of a fraudulent conveyance voidable under Title 15, Subtitle 2 of this article;
(2) After judgment, to:
- (i) Carry the judgment into effect; or
(ii) Preserve nonexempt property:
- 1. Pending appeal; or
- 2. When an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;
- (3) In an action seeking dissolution of a corporation under § 3-411 or § 3-415 of the Corporations and Associations Article; or
- (4) To a receivership under § 24-103(a)(3) of this title.
(b)
- (1) In connection with or anticipation of a foreclosure or any other enforcement of a mortgage, a mortgagee is entitled to the appointment of a receiver.
(2) On request, a court shall appoint a receiver for the mortgaged property if:
- (i) There is a default under the mortgage; and
(ii) 1. Appointment of a receiver is necessary to protect the property from waste, loss, transfer, dissipation, or impairment;
- 2. The mortgagor agreed in a signed record, including the mortgage or an assignment of leases and rents, to the appointment of a receiver on default;
- 3. The owner agreed, after default and in a signed record, to the appointment of a receiver;
- 4. The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;
- 5. The owner fails to turn over to the mortgagee proceeds or rent the mortgagee was entitled to collect; or
- 6. The holder of a subordinate lien obtains the appointment of a receiver for the property.
(c)
(1) A court may condition appointment of a receiver without prior notice under § 24-501(b)(1) of this title, or without a prior hearing under § 24-501(b)(2) of this title, on the giving of security by the person seeking the appointment for:
- (i) The payment of damages;
- (ii) Reasonable attorney's fees; or
- (iii) If the court concludes that the appointment was not justified, costs incurred by any person.
- (2) If the court later concludes that the appointment was justified, the court shall release the security.
Added by Acts 2019, c. 284, § 1, eff. Oct. 1, 2019.