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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Using receivership when responding to commercial real estate fraud

Thursday, October 12, 2017 @ 8:42 AM | By Jamie Spotswood

Certificates of pending litigation, cautions, constructive trusts, interim preservation of property orders, fraudulent conveyance actions, Mareva injunctions and receiverships are just some of the remedies in the litigator's tool box when responding to a commercial real estate fraud.

Deciding which remedy to pursue and when depends on each case and the nature of the fraud. Considerations include whether to secure the property in question, the ill-gotten gains, the fraudster itself or, as is commonly the case, a combination of all three. Additional factors that inform the decision...