Form 8-43

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Appointment of Receiver

[Real Property]

This Motion for Appointment of Receiver is brought by [name of movant], [party desig­nation], Movant, who shows in support:

1.Petitioner, [name], and Respondent, [name], are the owners of real property located at [street address, city, county], more particularly known as [legal description]. [Include if foreclosure proceedings are pending: [Name of lienholder], the lienholder, can be served with process at [address, city, state].]

2.The property is subject to a real estate lien in favor of [name of lienholder] in the principal sum of $[amount], which is secured by a recorded deed of trust. Payments on the property have not been made for more than [number] months. There is now approximately $[amount] in equity in the property. There is now danger that if a receiver is not appointed, the community estate will suffer irreparable loss. There is no adequate remedy at law except for the appointment of a receiver.

2.Petitioner and Respondent cannot agree on the terms of sale for the property described in this motion. Unless a receiver is appointed to immediately take charge and con­trol of the property, there is danger that the community estate will suffer irreparable loss. There is no adequate remedy at law except for the appointment of a receiver.

3.[Name of movant] requests that the Court assess an appropriate bond for [Movant   and the receiver/the receiver and waive bond for Movant] and that [name] be restrained tem­porarily, immediately without hearing, and after notice and hearing be temporarily enjoined from foreclosing, seeking to foreclose, or taking or attempting to take possession of the prop­erty described in this petition.

[Name of movant] prays that the Court grant this Motion for Appointment of Receiver.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]