Arthur R. van der Vant is an experienced court-appointed receiver serving in Illinois state courts and the U.S. District Court for the Northern District of Illinois. He is regularly appointed in matters involving:

• Commercial mortgage foreclosure

• Commercial and business asset receiverships

• Distressed and mismanaged real estate

• Public health, safety, and code-violation enforcement

• HOA and condominium association disputes

The Office of Arthur R. van der Vant, Illinois Receiver provides receivership services for properties located in:

• Cook County, Illinois

• Lake County, Illinois

• DuPage County, Illinois

• Kendall County, Illinois

• McHenry County, Illinois

• Will County, Illinois

• Kane County, Illinois

A court-appointed receiver is a neutral fiduciary appointed to take possession, custody, and control of property or assets that are the subject of litigation or enforcement proceedings. The receiver acts as an officer of the court, not as an agent of any party, and is responsible for preserving value, ensuring compliance with applicable law, and carrying out court-authorized duties with transparency and accountability.

Receiverships in Illinois arise under multiple statutory frameworks, depending on the nature of the case:

1. Illinois Mortgage Foreclosure Law (IMFL) – 735 ILCS 5/15-1701 et seq.

2. Illinois Receivership Act – a comprehensive framework for commercial and real-estate-related receiverships

3. Illinois Municipal Code – 65 ILCS 5/11-31-2, governing municipal health-and-safety receiverships

Courts may rely on one or more of these statutes depending on the circumstances and relief sought.

The Illinois Mortgage Foreclosure Law authorizes appointment of a receiver during foreclosure when:

• Loan documents provide for receiver appointment upon default, or

• The property is at risk of waste, deterioration, or mismanagement

Receivers appointed under the IMFL:

• Are not mortgagees in possession

• Act as neutral officers of the court

• Preserve and operate income-producing property pending foreclosure resolution

This is one of the most common uses of receiverships in Illinois commercial real estate matters.

The Illinois Receivership Act modernizes and standardizes receivership practice in Illinois. It provides:

• Clear grounds for appointment

• Defined receiver powers and duties

• Reporting and disclosure requirements

• Procedures for asset operation and sale

• Enhanced predictability for courts, lenders, and stakeholders

The Act is particularly useful in commercial, business, and real-estate receiverships where broader authority is required beyond foreclosure-specific remedies.

Long before the Illinois Receivership Act, Illinois municipalities already had statutory authority to seek receiverships for unsafe or non-compliant buildings under 65 ILCS 5/11-31-2 of the Illinois Municipal Code.

This statute authorizes municipalities to petition a court for appointment of a receiver when buildings fail to meet health and safety standards under local ordinances.

Under this statute, courts may authorize a receiver to:

• Take control of dangerous or non-compliant properties

• Bring buildings into compliance with health and safety codes

• Use rents and issues from the property to fund repairs

• Perform remediation, maintenance, or rehabilitation work

• Stabilize vacant, blighted, or hazardous structures

This framework allows courts and municipalities to address dangerous conditions while preserving property value.

The Municipal Code allows for several funding mechanisms, including:

• Use of rents and income generated by the property

• Municipal issuance of receiver’s notes or certificates, which may become
  first-priority liens on the property (except for real estate taxes)

These tools enable necessary repairs even when owners are unwilling or unable to act.

If a feasibility study determines that rehabilitation is not financially viable:

• The municipality may recover the cost of the feasibility study

• The receiver may be reimbursed through lien foreclosure

• Courts may authorize foreclosure and enforcement procedures, including statutory redemption periods

This ensures municipalities are not left bearing the financial burden of abandoned or irreparable properties.

The Illinois Receivership Act expands on this longstanding municipal authority by:

• Providing a more modern and consistent framework

• Clarifying receiver powers, duties, and reporting obligations

• Enhancing procedural uniformity across Illinois courts

While 65 ILCS 5/11-31-2 remains a core enforcement tool, the Illinois Receivership Act may streamline and complement municipal enforcement efforts in appropriate cases.

In properties that pose risks due to:

• Structural deterioration

• Fire or life-safety hazards

• Vacancies and blight

• Code violations

A court-appointed receiver can step in to:

• Stabilize and secure the property

• Coordinate repairs and remediation

• Ensure compliance with building and safety regulations

• Work with municipalities, inspectors, and professionals

• Provide transparent reporting to the court and stakeholders

These receiverships protect communities while preserving underlying asset value.

When a homeowners’ or condominium association experiences:

• Financial mismanagement

• Unpaid assessments

• Governance deadlock or internal conflict

• Failure to maintain common elements

A court may appoint a receiver to restore stability and protect homeowners.

A receiver may:

• Manage association finances and accounts

• Collect assessments and address delinquencies

• Oversee vendors and essential services

• Ensure ongoing maintenance and repairs

• Enforce governing documents

• Report transparently to the court and owners

This process safeguards homeowners’ interests and preserves community assets.

Arthur R. van der Vant regularly serves in:

• Illinois Circuit Courts

• U.S. District Court for the Northern District of Illinois

His experience spans foreclosure receiverships, municipal code-enforcement cases, commercial receiverships, and association receiverships.

Receivership services are provided for properties located in:

• Cook County

• Lake County

• DuPage County

• Kendall County

• McHenry County

• Will County

• Kane County

An experienced local receiver:

• Understands Illinois foreclosure, municipal, and receivership statutes

• Has experience with local courts and municipalities

• Can act quickly in health-and-safety emergencies

• Provides credible, court-ready reporting

• Protects asset value while safeguarding public welfare

Arthur R. van der Vant
Illinois Receiver
📞 312-607-4646
📧 vandervant@IllinoisReceiver.com