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HomeGovernment CodeDiv. 3Pt. 10Ch. 4§ 15828 Trustee Receiver Appointment Powers

§ 15828 Trustee Receiver Appointment Powers

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 15828 Trustee Receiver Appointment Powers

Key Takeaways

  • •A trustee can ask for a receiver to take over public buildings if payments are missed.
  • •The receiver can collect money from the buildings and use it to pay back what's owed.
  • •The receiver's and trustee's fees get paid first from the money collected.
  • •The trustee can't sell or mortgage the public buildings, only manage them.

Example

A school district can't pay back money it borrowed for building new schools.

The trustee can ask a court to appoint a receiver to take over the schools, collect rent or other money from them, and use that money to pay back the loan. The receiver's fees and other costs get paid first before the loan is paid back. The trustee can manage the schools but can't sell them.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 15828 Trustee Receiver Appointment Powers

A trustee, appointed pursuant to Section 15827, or acting under a deed of trust, indenture, or other agreement, whether or not all certificates have been declared due and payable, may have a receiver appointed. The receiver may, to the same extent that the board itself could do, enter and take possession of the public buildings of the board, or any parts thereof, the revenues, rentals, or receipts from which are applicable to the payment of the certificates in default, and operate and maintain the public buildings and collect and receive all rentals and revenues thereof arising therefrom in the same manner as the board might do. The receiver shall deposit money in a separate account and apply it in such manner as the court directs. In any action or proceeding by the trustees, the fees, counsel fees, and expenses of the trustees, and of the receiver, and all costs and disbursements allowed by the court, are a first charge on any revenues and receipts derived from the public buildings of the board, the revenues or receipts from which are or may be applicable to the payment of the certificates in default. The trustee shall have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this part or incident to the general representation of the certificate holders in the protection and enforcement of their rights; provided, however, that nothing in this section or any other section in this part shall authorize any trustee appointed pursuant to Section 15827, for the purpose of operating and maintaining any public buildings of the board, to sell, assign, mortgage, or otherwise dispose of, any of the assets of whatever kind and character belonging to the board. (Added by Stats. 1955, Ch. 1686.)

Last verified: January 22, 2026

Key Terms

agreementenforcementpossessiondeedmortgageroadappointmentrepresentation

Related Statutes

  • § 15842 Receiver Appointment For Public Buildings
  • § 31596.1 Retirement Investment Expense Rules
  • § 15827 Certificate Holder Remedies
  • § 53811 Certificate Holder Remedies
  • § 53874 Assessment Deed Evidence Rule

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 15828.
View Official Source