Form: Motion, oath and order to appoint a receiver IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME] NO: [Cause Number] IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS shows: MOTION FOR APPOINTMENT OF RECEIVER [Petitioner Name], Movant, brings this Motion for Appointment of Receiver and, in support, 1. Parties and Property 1.1 Petitioner, [Petitioner Name], and Respondent, [Respondent Name], are the owners of real property which is legally described [Property legal description] but which is more commonly known by the address of its location, [Common Description]. 2. Existing Real Estate Lien 2.1 There is an existing real estate lien on the property in the principal sum of [Amount] and which is held by [Lien Holder]. A recorded Deed of Trust secures the lien. Service of process may be had upon the lienholder, [Lien Holder], at [Address] [City], TX [Zip Code. There have been no payments on the subject property for a period in excess of [Months with No Payment] months. If a Receiver is not appointed, there is a present danger that an irreparable loss will be suffered by the community estates. Except for the appointment of a Receiver, there is no adequate remedy at law. Prayer Movant prays the Court grant this Motion for Appointment of Receiver.
Respectfully Submitted, [Law Firm Name] By [Attorney s Name] [Attorney for Client Role] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]
NOTICE OF HEARING The Motion for Appointment of Receiver is set for hearing on [Hearing Date] at [Hearing Time], [Place], [Address]. Judge or Clerk
CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been served upon all attorneys of record and any parties who are not represented by an attorney on. Attorney for: Attorney s name: Attorney s address Type of Service: Other attorney s client s name Other attorney s name Other attorney s address U.S. Mail, certified return receipt requested no.. U.S. Mail, first class. Hand delivery by [name of delivery service]:. Facsimile transmission to [fax number] before 5 p.m. [Attorney s name]
Form: Receiver s oath IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME] NO: [Cause Number] IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS OATH OF RECEIVER I, [Receiver], Receiver, affirm upon my oath that I will make faithful performance and discharge of the duties confirmed upon me by the orders of the Court and I further affirm that I will obey those orders. State of Texas County of [Receiver] Subscribed and sworn to before me by on. Notary Public, State of Texas Notary's typed or printed name My commission expires: [or Notary's Stamp]
Form: Order appointing a receiver IN THE MATTER OF THE MARRIAGE OF [Petitioner Name], Petitioner v. [Respondent Name], Respondent AND IN THE INTEREST OF: [CHILD NAME] NO: [Cause Number] IN THE DISTRICT COURT [District] JUDICIAL DISTRICT [SUIT COUNTY] COUNTY, TEXAS Receiver. ORDER ON MOTION FOR APPOINTMENT OF RECEIVER On [Hearing Date], the Court considered [Petitioner Name]'s Motion for Appointment of 1. Request for Receiver 1.1 Movant requests that the Court appoint a Receiver to take charge and make possession of the property which is located at [Common Description]. The Court makes finding that the Motion for Appointment of Receiver is good and proper grounds exist for immediate action by a Receiver. 2. Order of Court 2.1 The Court ORDERS that [Receiver] be appointed Receiver and shall take immediate charge and make possession of said property at [Common Description]. The Court ORDERS that a bond of [Amount] be made by [Receiver] and that such bond be placed with the registry of the Court. 3. Authority of Receiver 3.1 The Court FURTHER ORDERS that [Receiver] shall have the authority for management, control and disposition of the property or to take such other actions as the Receiver deems necessary in the sole and divided discretion of Receiver. 4. Parties Ordered to Cooperate
4.1 The Court FURTHER ORDERS that the parties cooperate fully with the Receiver, such cooperation to extend to the signing of real estate broker's listing agreement, showing of the property to any prospective buyer and, if deemed to be necessary, to include vacation of the real property's premises. 5. Order Enforceable by Contempt 5.1 The Court FURTHER ORDERS that the Receiver may ask the Court to enforce this order by the Court's powers of contempt, if made necessary by a failure of the parties to cooperate as ordered. Signed on. JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: [Law Firm s or Attorney s Name] Attorney for Plaintiff [Address] [Telephone & facsimile numbers] Texas Bar no. [Number] APPROVED AS TO FORM ONLY: [Law Firm s or Attorney s Name] Attorney for Defendant [Address] [Telephone & facsimile numbers] Texas Bar no. [Number]