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§ 1551.Appointment of Receiver

Chapter 30: Receivers · Last amended November 1, 1989 · Last verified August 3, 2026

In one sentenceLists the six circumstances in which a Supreme Court justice or district court judge may appoint a receiver, covering fraudulent transfers, jointly owned property, mortgage foreclosure, post-judgment enforcement, corporate dissolution or insolvency, and any other case where courts of equity have traditionally used one.

Full Text of § 1551

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A receiver may be appointed by a Judge of the Supreme Court or a district court judge:
1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed or materially injured.
2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property or in connection with a mortgagee foreclosing his mortgage by power of sale under the Oklahoma Power of Sale Mortgage Foreclosure Act:
a. where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or
b. that a condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt, or
c. that a condition of the mortgage has not been performed and the mortgage instrument provides for the appointment of a receiver.
3. After judgment, to carry the judgment into effect.
4. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceeding in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment.
5. In the cases provided in this Code, and by special statutes, when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights.
6. In all other cases where receivers have heretofore been appointed by the usages of the courts of equity.

Amendment History

R.L. 1910, § 4979; Amended by Laws 1989, HB 1487, c. 332, §1, eff. 11/1/1989.

Plain-English Summary

A receiver is a court-appointed custodian who steps in to hold, protect, or manage property while a lawsuit over it is pending. Section 1551 doesn't let a judge appoint one on a whim -- it lists six specific situations where that power applies.

The first covers suits by a creditor or vendor to reach property that's been fraudulently transferred, or disputes between partners over jointly held property, when that property is in danger of being lost, removed, or damaged. The second covers mortgage foreclosures, including foreclosures under the Oklahoma Power of Sale Mortgage Foreclosure Act, where the property is at risk, the debt exceeds what the property is worth, or the mortgage itself calls for a receiver. The remaining categories cover enforcing a judgment already won, preserving property during an appeal or when a judgment debtor won't pay up, a dissolved or insolvent corporation, and, as a catch-all, any case where equity courts have historically appointed receivers.

Frequently Asked Questions

When can a court appoint a receiver in Oklahoma?

Section 1551 lists six situations: fraud or joint-ownership disputes over property in danger of loss, mortgage foreclosures, enforcing a judgment, preserving property pending appeal or after a debtor refuses to pay, a dissolved or insolvent corporation, and other cases where equity courts have traditionally used receivers.

Does a mortgage foreclosure qualify for a receiver?

Yes. The statute allows a receiver when mortgaged property is in danger of being lost or damaged, when the property probably isn't enough to cover the debt, or when the mortgage itself provides for a receiver, including foreclosures under the Oklahoma Power of Sale Mortgage Foreclosure Act.

Can a receiver be appointed after judgment?

Yes. The statute allows a post-judgment receiver to carry the judgment into effect, dispose of property under it, preserve property during an appeal, or act when an execution came back unsatisfied or the judgment debtor won't apply their property to the debt.

What if my situation doesn't fit any of the first five categories?

The sixth category is a catch-all for any other case where receivers have historically been appointed under the usages of courts of equity.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
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