For attorneys
Our required order provisions, in plain language
Counsel drafts the order and the Court decides its terms. These are the provisions we need before we can accept appointment. The exact language is in the Word and PDF downloads below.
Appointment and bond
Appoints Kasey Jorgenson as receiver of the property and sets the bond under Tex. Civ. Prac. & Rem. Code §64.023. The bond premium is a cost of the receivership.
Vacate date and what "vacated" means
The parties and all occupants leave and deliver keys, codes, and openers by a set date. The property is "vacated" when everyone is out, keys are delivered, and personal property is gone or its deadline has passed, as confirmed in writing by both counsel. Our duties begin then.
No duty to remove occupants
The receiver has no duty to remove anyone. Enforcing the vacate date stays with the parties and the Court.
Personal property
Sets a deadline to remove personal property. Anything left is photographed and inventoried for both counsel before it is donated, disposed of, or stored. Firearms, vehicles, documents, and items of apparent value are stored, never discarded.
Authority to sell and sign
Lets the receiver list, market, and sell the property and sign the listing agreement, contract, addenda, receiver's deed, and closing documents as seller, without either party's signature.
Price authority
Lets the receiver accept offers at or above a set price, or within a set percentage of list price, without another order. Lower offers need the written agreement of both counsel or an order.
Listing broker
Lets the receiver engage a licensed Texas broker of the receiver's choosing, with caps on the listing commission and buyer's broker compensation. The order names the brokerage and discloses any affiliation with the receiver.
Vendors and repair cap
Allows rekeying, cleaning, debris removal, maintenance, insurance, and repairs up to a total cap without another order. The parties keep paying the mortgage, taxes, HOA dues, and utilities until closing.
Cost deposit
The parties deposit a set amount within a set number of days, split as the order says, for costs due before closing. Anything unused is credited at closing.
Fees and designated payee
Fees follow our published fee schedule and are paid at closing to the receiver or the designated payee on the receiver's invoice.
Disbursement at closing
The title company pays liens, closing costs, commissions, and approved fees from the proceeds, then disburses the net proceeds as the order directs.
Capacity and indemnity
The receiver acts only as an officer of the Court, is not personally liable for good-faith acts within the order, and is indemnified from the receivership estate except for willful misconduct or gross negligence.
Joint communication and reporting
The receiver communicates with both counsel jointly and in writing, and files a final report and accounting within the time the order sets after closing.
Reliance and discharge
Title companies, lenders, and buyers may rely on a certified copy of the order. When the Court approves the final report, the receiver is discharged and the bond is released.
Get the full provisions
Word and PDF, ready to adapt into your proposed order. Tell us who you are and we'll show the downloads right away and email you the links.