Speaking of typical documents found in court cases in Columbus, OH, .......
Dear Mr._______:
My law firm represents Richard F. Kruse, managing member of Gryphon Asset Advisors, LLC and Gryphon Asset Management, LLC, the duly appointed receiver in the above reference case with respect to the real property known as _________________, Ohio _____. It has come to the Receiver's attention that you have directed all tenants at _________________ (the "Property") to ignore the Receiver's directive to have rents paid to the Receiver, and instead to have rents paid directly to you. I further understand the Receiver has provided you with a certified copy as well as a signed copy of the Order Appointing Receiver (the "Receiver Order") entered by Judge ____________ on ________, 2007. Finally, I enclose a copy of the memorandum provided the Receiver from a tenant at the subject property which you apparently delivered to all tenants.
Please be advised that any interference with the Receiver in the collection of rental payments or in the exercise of the Receiver's custody and control over the Property is a direct violation of the Receiver Order. Accordingly, this letter is to demand that you immediately cease and desist from exercising any efforts to collect rents with respect to the Property. Further, to the extent you receive any such rents; it is demanded, in accordance with the Receiver Order, that such rents be immediately turned over to Mr. Kruse, as Receiver. If you do not comply with this demand, the Receiver has instructed us to proceed with all judicial remedies including, but not limited to, injunctive relief and damages associated with any contempt findings of the Receiver's Order.
Please be advised this letter in no way constitutes the waiver or relinquishment of any rights the Receiver may have against you or any third parties that may be found to be acting in concert with you with regard to the interference of the Receiver's duties under the Receiver Order, all of which rights and remedies are hereby expressly reserved.
Do you have questions about distressed assets, receivership or bankruptcy sales, auctions? Email me at rfk@gryphonusa.com and I'll try to answer it in an upcoming post.
Richard F. Kruse is the President of Columbus, Ohio based Gryphon USA, Ltd. (www.gryphonusa.com). The Gryphon Organization includes Gryphon Asset Management providing receivership and consulting services in the distressed marketplace, United Country Gryphon Realty & Auction Group (www.ucohiorealty.com & www.ucohioauctions.com) providing real estate brokerage and auction services throughout Ohio and OnlineAuctionUSA.com (www.onlineauctionusa.com) providing commercial asset liquidations from the Midwest to East Coast.
United Country Gryphon Realty & Auction Career Opportunities Available. Call 614-885-0020 x 17
