10 Facts on Using a Court Appointed Receiver for Hotels

If you are a bank, lender or investor who usually does not work with a court appointed receiver or use a receivership as a solution for a pending hotel foreclosure or to resolve a dispute, it is important to know these facts: Hotels are complex operating businesses that are also real estate property assets and as a result are unique from “passive” income real estate, like apartments, offices, and shopping malls. In contrast to other commercial property groups, hotels are management intense and overall performance of its operations are definitely the main drivers of value. During a slow overall economy, real-estate brokers and builders want to enhance their business enterprise and hotels are reasonably distinctive amongst real estate property assets because of their potential conflict of objectives working as a court appointed receiver too. While a hotel feels like several other real estate property investments, the actual physical hotel is a services-delivery business, and a lot more like an eating and drinking place, as compared to a factory, office or condominium complex. The courts have the authority to order a hotel receiver to sell or dispose of the real estate in receivership. Payroll tax has to be paid out by the receiver, or they could encounter individual responsibility for failing to pay it. Worker’s compensation insurance coverage is required in many states and the receiver will have to acquire this kind of insurance policy for all those receivership property personnel, or confirm this insurance coverage is in effect if workers are recorded within the defendant’s taxation number. A receiver has authority in a great many jurisdictions to sell or transfer the alcoholic beverages licenses, regardless of whether not it is collateral of your hotel and that may be very beneficial to the value of the estate. Hotel receiverships are likely to be far more costly than other receiverships, especially when conventional percentages applied for net rents are used on gross revenues. Receivers absolutely are neutral and might be a person or company designated by the judge to protect and manage real estate along with other assets that are presently the subject of a lawsuit. Need more information about a court appointed receiver for a hotel or other pending hospitality sector type receivership? Please contact me directly. Or, sign up your small group of 5 persons and more for a future webinar at the link below.