Analysis of Ohio's Amended Receivership Law | Page 9

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• Collect rents and other obligations and compromise demands
(R.C. § 2735.04(B)(3));
• Enter into contracts, including but not limited to, contracts
of sale, lease or, so long as existing lien rights will not
be impacted, contracts for construction or to complete
construction (R.C. § 2735.04(B)(4));
• Sell and make transfers of real or personal property (property
sales are discussed in detail below) (R.C. § 2735.04(B)(5));
• Execute deeds, leases or other conveyance documents for
real or personal property (R.C. § 2735.04(B)(6));
• Open and maintain deposit accounts (R.C. § 2735.04(B)
(7)); and/or
• Generally do any other acts that the court authorizes (R.C. §
2735.04(B)(8)).
The amended provisions of Section 2735.04 do not alleviate the need
for the lender or other party seeking appointment of a Receiver to
consider, on a case-by-case basis, addressing in the proposed order
appointing the Receiver specific actions that may, shall or shall not
be undertaken by the Receiver. In addition, these provisions do
not obviate the need to review and comply with local court rules
applicable to Receiverships.

Priority for Receiver’s Expenditures
A new provision, Section 2735.04(C), requires that funds spent by
or on behalf of the Receiver be taxed as court costs or “otherwise
treated as an administrative expense” of the action. Specifically

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