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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
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], 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].]
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Select one of the following. |
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.
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Or |
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.
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Include the following if applicable. |
3.[Name of movant] requests that the Court assess an appropriate bond 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.
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Continue with the following. |
[Name of movant] prays that the Court grant this Motion for Appointment of Receiver.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __. m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]