§ 25-1081.Appointment of receiver; grounds.

A receiver is a court-appointed custodian who steps in to hold, manage, or in some cases sell property or run a business while a lawsuit over that property is pending. Section 25-1081 spells out when a Nebraska district court may name one. The remedy protects property from being lost, sold off, or run into the ground while the parties fight over who owns it or who is entitled to its value — a different concern from attachment or garnishment, which reach a debtor’s assets to secure a money judgment rather than take custody of a disputed asset itself.

The section lists nine situations. Several turn on a property or fund being at risk: a vendor’s suit to undo a fraudulent purchase, a creditor’s suit to reach property or a fund, or a dispute among partners, LLC members, or others who jointly own or hold an interest in property, when the property is in danger of being lost, removed, or materially injured. Mortgage and trust deed foreclosures get their own category, both for a judicial foreclosure already underway and for a trust deed’s power-of-sale process after a notice of default, in each case when the property is at risk or worth less than the debt it secures. A receiver is also available when the loan documents themselves call for one — through a written rent-assignment agreement enforced under section 52-1705, or more generally whenever a mortgagor or trustor has agreed in writing to a receiver’s appointment.

The remaining grounds cover the tail end of a case and beyond: after judgment, to carry the judgment into execution, dispose of property under the decree, or preserve property while an appeal is pending; actions under the Foreign-owned Real Estate National Security Act; any case a separate statute specifically authorizes; and, as a catch-all, any other case in which courts of equity have historically appointed receivers.