Ancillary receivership petitions for receivers, creditors, and out-of-state counsel — handled statewide from Tampa.
Blue Chip Law® Aggressively Manages and Solves Complex Business Problems®. Few business problems are more complex than a receivership that crosses state lines.
A court in Texas or Nevada can appoint a receiver over a company — but it cannot tell a Florida court what to do with Florida property. If the company in receivership owns real estate, operations, or other assets in Florida, the out-of-state order does not automatically reach them. Title companies will not insure around it. Lenders will not lend against it. And the receiver has no automatic authority to manage, protect, or sell the Florida assets.
The solution is to have the receivership recognized in Florida. Clients often call this “domesticating” the receivership. The technical term is an ancillary receivership: a Florida court proceeding that gives effect to the out-of-state appointment and puts a receiver in place with real authority over the Florida property. Blue Chip Law® petitions Florida courts to open ancillary receiverships and serves as Florida counsel to receivers, creditors, and out-of-state litigation teams who need the Florida portion of a receivership handled.
Why an Out-of-State Receivership Order Is Not Enough in Florida
Receiverships are creatures of the appointing court. Under a rule that traces back to the U.S. Supreme Court’s decision in Booth v. Clark (1855), a receiver generally has no authority over property outside the appointing court’s jurisdiction. Other states may recognize the receivership as a matter of comity — but recognition is not automatic. It has to be obtained.
Two common misconceptions make the problem worse:
- “We’ll just domesticate it like a judgment.” Florida’s Enforcement of Foreign Judgments Act (Fla. Stat. §§ 55.501–55.509) provides a streamlined path for out-of-state money judgments. It does not extend a foreign court’s receivership powers into Florida. A receivership order requires its own ancillary proceeding.
- “Federal courts handle this automatically.” Receivers appointed by a federal court can extend their reach to property in other federal districts by statute (28 U.S.C. § 754). There is no comparable shortcut for state-court receivers — which is exactly why ancillary state proceedings exist.
Until a Florida court acts, the consequences fall on the assets: clouded title, stalled refinancings, failed closings, and no one with clear authority to defend the property against lien claims or interference.
How Florida Recognizes Out-of-State Receiverships
Practitioners and courts use several terms interchangeably for this process: a florida ancillary receiver appointment, the recognition of foreign receivership Florida procedure, and the motion to appoint ancillary receiver Florida that initiates it. Whatever the terminology, the legal mechanism is the same.
For commercial real property, Florida’s Uniform Commercial Real Estate Receivership Act (Fla. Stat. Chapter 714, in effect since 2020) provides the framework. Under Fla. Stat. § 714.24, a Florida circuit court may:
- Appoint a receiver already appointed in another state, or that person’s nominee, as an ancillary receiver over property located in Florida; and
- Issue orders giving effect to orders entered in the other state — including appointment orders, lien rulings, and financing authorizations.
The petition is filed in the circuit court for the county where the property sits, typically supported by certified copies of the out-of-state orders and a declaration from the receiver. Florida applies its own eligibility and disclosure requirements to the proposed receiver (§ 714.07). Once the ancillary receivership is in place:
- Unless the court orders otherwise, the ancillary receiver holds the full rights, powers, and duties of a Florida-appointed receiver — possession, management, and, with authority, disposition of the property;
- A statutory stay (§ 714.14) protects the receivership property against lien enforcement and interference;
- Orders can be recorded in the county’s official records, giving title insurers, lenders, and buyers something they can rely on.
For Florida assets that fall outside Chapter 714, Florida courts retain broad equitable power to appoint receivers and to recognize foreign receiverships by comity. The path differs; the destination is the same.
What Blue Chip Law® Handles
We represent parties in receivership-related litigation and handle the Florida side of multistate receiverships, including:
- Petitioning Florida circuit courts to recognize out-of-state receivership orders and appoint ancillary receivers
- Emergency and shortened-time relief where a closing, refinance, or lien threat cannot wait
- Clearing clouded title — challenging improper liens and coordinating recorded releases and satisfactions
- Receiver financing issues, including receiver’s certificates and lien-priority questions, working with lenders and title insurers so transactions can close
- Serving as Florida local counsel to out-of-state firms and receivers, coordinating with the primary court’s team
- The reverse direction: coordinating with counsel in other states when a Florida receivership reaches property elsewhere
Who We Work With
- Court-appointed receivers who need authority over Florida property
- Out-of-state attorneys who need a Florida firm to handle the ancillary proceeding
- Secured creditors, judgment creditors, and investors protecting Florida collateral
- Companies and stakeholders in multistate business disputes
- Lenders and title insurers who need certainty before they can close
Frequently Asked Questions
Can a receiver appointed in another state take control of Florida property without a Florida court order?
Generally, no. A receivership order has no automatic force outside the appointing court’s state. Florida recognition — typically through an ancillary receivership under Fla. Stat. § 714.24, or the court’s equitable powers — is what gives the receiver enforceable authority over Florida assets.
Is “domesticating” a receivership the same as domesticating a judgment?
No. Florida’s Enforcement of Foreign Judgments Act covers money judgments. A receivership order is not registered that way; it requires a separate Florida proceeding asking the court to appoint an ancillary receiver and give effect to the out-of-state orders. “Domestication” is the word many clients use, and it captures the idea — but the procedure is different. For a full explanation of the judgment side, see Domesticating a Foreign Judgment in Florida.
Where is an ancillary receivership filed?
In the Florida circuit court for the county where the property is located. If receivership property sits in more than one county, venue and coordination should be addressed at the outset.
Does Florida have to appoint the same receiver?
Usually the out-of-state receiver, or that receiver’s nominee, is appointed as the Florida ancillary receiver — continuity is the point. The proposed receiver must satisfy Florida’s eligibility and disclosure requirements.
What can the Florida court do once it recognizes the receivership?
Give effect to the out-of-state orders, impose the statutory stay against lien enforcement and interference, authorize the receiver to manage, finance, or sell the Florida property, and permit orders to be recorded in the county’s official records so title companies and lenders can rely on them.
What if the Florida asset is not commercial real estate?
Florida’s Uniform Commercial Real Estate Receivership Act (Chapter 714) is built around commercial real property and related personal property. For other assets — business interests, equipment, accounts receivable — Florida courts can still recognize foreign receivers and grant ancillary relief through their general equitable powers. The right vehicle depends on the asset and the relief needed; the authority to act exists in either case.
When a multistate business dispute involves both employment claims and receivership proceedings, Blue Chip Law® handles both. See our employer-side employment separation services for the labor and HR side of business disputes.
Talk to Us Before the Florida Assets Become the Problem
If a receivership entered in another state touches property or operations in Florida — or you are a receiver who needs authority here — Blue Chip Law® can evaluate the orders, map the Florida procedure, and move without delay. Offices in Tampa; available statewide by appointment. Call 813.588.5100 or contact us.