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Lenders have frequently been using the appointment of a receiver for distressed properties in an effort to obtain control pending the resolution of a foreclosure action. The appointment of a receiver ensures that the property will be maintained pending the foreclosure sale. However, lenders have also utilized a receiver’s power of sale to expedite the sale of a distressed asset. This raises several issues for prospective purchasers in attempting to acquire “free and clear” title from a receiver’s sale.

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