Title 33 — Property
24 chapters · 544 sections in this title.
A.R.S. § 33-2601 Definitions
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In this chapter, unless the context otherwise requires: 1. "Affiliate" means: (a) With respect to an individual: (i) A companion of the individual. (ii) A lineal ancestor or descendant, whether by blood or adoption, of either the individual or a companion of the individual. (iii)…
A.R.S. § 33-2602 Notice and opportunity for hearing; exceptions
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A. Except as otherwise provided in subsection B of this section, the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances. B. The court may issue an order under this chapter: 1. Without prior notice if the ci…
A.R.S. § 33-2603 Scope; exclusions
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A. Except as otherwise provided in subsection B or C of this section, this chapter applies to a receivership for an interest in commercial real property and any personal property related to or used in operating the real property. B. This chapter does not apply to a receivership f…
A.R.S. § 33-2604 Power of court
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The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
A.R.S. § 33-2605 Appointment of receiver
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A. The court may appoint a receiver: 1. Before judgment, to protect a party that demonstrates an apparent right, title or interest in real property that is the subject of the action, if the property or its revenue-producing potential: (a) Is being subjected to or is in danger of …
A.R.S. § 33-2606 Disqualification from appointment as a receiver; exceptions; nomination
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A. The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. B. Except as otherwise provided in subsection C of this section, a person is disqualified from appointment as receive…
A.R.S. § 33-2607 Receiver's bond; alternative security
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A. Except as otherwise provided in subsection B of this section, a receiver shall post with the court a bond that: 1. Is conditioned on the faithful discharge of the receiver’s duties. 2. Has one or more sureties approved by the court. 3. Is in an amount the court specifies. 4. I…
A.R.S. § 33-2608 Status of receiver as lien creditor
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On appointment of a receiver, the receiver has the status of a lien creditor under the Uniform Commercial Code, title 47, chapter 9, as to receivership property that is personal property or fixtures and chapter 7, article 5 of this title as to receivership property that is real p…
A.R.S. § 33-2609 Security agreement covering after-acquired property
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Except as otherwise provided by law, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
A.R.S. § 33-2610 Collection and turnover of receivership property
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A. Unless the court orders otherwise, on demand by a receiver: 1. A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or r…
A.R.S. § 33-2611 Powers and duties of receiver
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A. Except as limited by court order or another law, a receiver may: 1. Collect, control, manage, conserve and protect receivership property. 2. Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection or dispos…
A.R.S. § 33-2612 Duties of owner
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A. An owner shall: 1. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties. 2. Preserve and turn over to the receiver all receivership property in the owner's possession, custody or control. 3. Identify all re…
A.R.S. § 33-2613 Stay; injunction
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A. Except as otherwise provided in subsection D of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action or proceeding: 1. To obtain possession of, exercise control over or enforce a judgment against …
A.R.S. § 33-2614 Engagement and compensation of professional
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A. With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court: 1. The identity and qualificatio…
A.R.S. § 33-2615 Use or transfer of receivership property not in the ordinary course of business; definition
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A. With court approval, a receiver may use receivership property other than in the ordinary course of business. B. With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange or other dispositi…
A.R.S. § 33-2616 Executory contract; definition
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A. Except as otherwise provided in subsection G of this section, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver's adoption and continued performance of the contract on …
A.R.S. § 33-2617 Defenses and immunities of receiver
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B. A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver and if the court finds that the receiver acted without authority.
A.R.S. § 33-2618 Interim report of receiver
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A receiver may file or, if ordered by the court, shall file an interim report that includes: 1. The activities of the receiver since appointment or a previous report. 2. Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the r…
A.R.S. § 33-2619 Fee and expenses
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A. The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. B. The court may order one or more of the following to pay the reasonable and necessary …
A.R.S. § 33-2620 Removal of receiver; replacement; termination of receivership
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A. The court may remove a receiver for cause. B. The court shall replace a receiver that dies, resigns or is removed. C. If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to…
A.R.S. § 33-2621 Final report of receiver; discharge
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1. A description of the activities of the receiver in the conduct of the receivership. 2. A list of receivership property at the commencement of the receivership and any receivership property received during the receivership. 3. A list of disbursements, including payments to prof…
A.R.S. § 33-2622 Receivership in another state; ancillary proceeding
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A. The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: 1. The per…
A.R.S. § 33-2623 Effect of enforcement by mortgagee
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A request by a mortgagee for appointment of a receiver, the appointment of a receiver or application by a mortgagee of receivership property or proceeds to the secured obligation does not: 1. Make the mortgagee a mortgagee in possession of the real property. 2. Make the mortgagee…
A.R.S. § 33-2624 Court's authority under this chapter
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The court may issue any order, process or judgment that is necessary or appropriate to carry out this chapter.
A.R.S. § 33-2625 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
A.R.S. § 33-2626 Relation to electronic signature in global and national commerce act
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This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 United States Code sections 7001 through 7031, but does not modify, limit or supersede section 101(c) of that act, 15 United States Code section 7001(c) or authorize elec…