North Dakota § 32-10.1-05 Appointment of receiver

North Dakota Statutes

§ 32-10.1-05 — Appointment of receiver

North Dakota § 32-10.1-05

Title 32Judicial Remedies

Ch. 32-10.1Uniform Commercial Real Estate Receivership Act

This text of North Dakota § 32-10.1-05 (Appointment of receiver) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-10.1-05 (2026).

Text

1. The court may appoint a receiver: a. Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or its revenue-producing potential:

(1)Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or

(2)Has been or is about to be the subject of a voidable transaction; b. After judgment:

(1)To carry the judgment into effect; or

(2)To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; c. In an action in which a receiver for real property may be appointed on equitable grounds; or d. During the time allowed for redemption, to preserve real prope

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1. The court may appoint a receiver:
a. Before judgment, to protect a party that demonstrates an apparent right, title, or
interest in real property that is the subject of the action, if the property or its
revenue-producing potential:
(1) Is being subjected to or is in danger of waste, loss, dissipation, or
impairment; or
(2) Has been or is about to be the subject of a voidable transaction;
b. After judgment:
(1) To carry the judgment into effect; or
(2) To preserve nonexempt real property pending appeal or when an execution
has been returned unsatisfied and the owner refuses to apply the property in
satisfaction of the judgment;
c. In an action in which a receiver for real property may be appointed on equitable
grounds; or
d. During the time allowed for redemption, to preserve real property sold in an
execution or foreclosure sale and secure its rents to the person entitled to the
rents.
2. In connection with the foreclosure or other enforcement of a mortgage, the court may
appoint a receiver for the mortgaged property if:
a. Appointment is necessary to protect the property from waste, loss, transfer,
dissipation, or impairment;
b. The mortgagor agreed in a signed record to appointment of a receiver on default;
c. The owner agreed, after default and in a signed record, to appointment of a
receiver;
d. The property and any other collateral held by the mortgagee are not sufficient to
satisfy the secured obligation;
e. The owner fails to turn over to the mortgagee proceeds or rents the mortgagee
was entitled to collect; or
f. The holder of a subordinate lien obtains appointment of a receiver for the
property.
3. The court may condition appointment of a receiver without prior notice under
subdivision a of subsection 2 of section 32-10.1-02 or without a prior hearing under

subdivision b of subsection 2 of section 32-10.1-02 on the giving of security by the
person seeking the appointment for the payment of damages, reasonable attorney's
fees, and costs incurred or suffered by any person if the court later concludes the
appointment was not justified. If the court later concludes the appointment was
justified, the court shall release the security.