§ 568.5.Sale of Property
Title 7. Other Provisional Remedies In Civil Actions · Chapter 5. Receivers · Last amended 1983 · Last verified July 28, 2026
Full Text of § 568.5
Plain-English Summary
Sometimes preserving property means selling it -- before it deteriorates further, or because holding onto it no longer serves anyone's interest. Section 568.5 lets a receiver do that, but only pursuant to an order of the court and only by following the notice-and-sale procedure Article 6 (commencing with § 701.510) of Chapter 3 of Division 2 of Title 9 already sets out for enforcing money judgments.
Borrowing that procedure means the sale has to follow established rules for notice to interested parties, timing, and manner of sale -- the same framework used when a judgment creditor forces a sale to satisfy a judgment. The receiver isn't inventing a new sale process; the receiver is using one that already has built-in safeguards.
Even after the sale happens, it isn't final. The court has to confirm it. That confirmation step gives the court one more check on the price and process before the property changes hands for good.
Frequently Asked Questions
Can a receiver sell property without a court order?
No, § 568.5 requires the sale to be made pursuant to an order of the court.
What procedure governs the way a receiver sells property?
The notice and manner prescribed by Article 6 (commencing with § 701.510) of Chapter 3 of Division 2 of Title 9, the same procedure used for judgment-enforcement sales.
Is the sale final as soon as it's conducted?
No, the sale is not final until confirmed by the court.
Amendment History
Amended by Stats. 1982, Ch. 497, Sec. 35. Operative July 1, 1983, by Sec. 185 of Ch. 497.