Can a court appointed receiver be held personally liable for extreme neglect and damage to property under his watch?
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Can a court appointed receiver be held personally liable for extreme neglect and damage to property under his watch?
My sister and I co-own a home (joint tenants in common) and she filed a partition action to get her money. The court appointed a receiver against my desires. He neglected care of the property by failing to have the gas turned on this winter. He ignored 6 requests (certified letters) with photographs of damage occurring. He would not even visit home until 3 months after I began making “urgent” requests. I copied my sister’s attorney as well as the court on all correspondence. What is my vehicle for restitution (e.g. law suit, court motion, etc.)?
Asked on March 24, 2012 under Real Estate Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
How horrible a situation for you. Generally speaking, court appointed receivers have a fiduciary duty under the law and a breach can result in their being sued. They can also be sued for negligence in some states so it would really be best for you to consult with an attorney in your area on this matter as soon as you can. Good luck.
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