(a) A court of competent jurisdiction may appoint a receiver:
(1) in an action by a vendor to vacate a fraudulent purchase of property;
(2) in an action by a creditor to subject any property or fund to his claim;
(3) in an action between partners or others jointly owning or interested in any property or fund;
(4) in an action by a mortgagee for the foreclosure of the mortgage and sale of the mortgaged property;
(5) for a corporation that is insolvent, is in imminent danger of insolvency, has been dissolved, or has forfeited its corporate rights; or
(6) in any other case in which a receiver may be appointed under the rules of equity.
(b) Under Subsection (a)(1), (2), or (3), the receiver may be appointed on the application of the plaintiff in the action or another party. The party must have a probable interest in or right to the property or fund, and the property or fund must be in danger of being lost, removed, or materially injured.

Terms Used In Texas Civil Practice and Remedies Code 64.001

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Property: means real and personal property. See Texas Government Code 311.005

(c) Under Subsection (a)(4), the court may appoint a receiver only if:
(1) it appears that the mortgaged property is in danger of being lost, removed, or materially injured; or
(2) the condition of the mortgage has not been performed and the property is probably insufficient to discharge the mortgage debt.
(d) A court having family law jurisdiction or a probate court located in the county in which a missing person, as defined by Article 63.001, Code of Criminal Procedure, resides or, if the missing person is not a resident of this state, located in the county in which the majority of the property of a missing person’s estate is located may, on the court’s own motion or on the application of an interested party, appoint a receiver for the missing person if:
(1) it appears that the estate of the missing person is in danger of injury, loss, or waste; and
(2) the estate of the missing person is in need of a representative.

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