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§ 62.046.Liability for Fruit of Replevied Property

Title 3. Extraordinary Remedies · Chapter 62. Sequestration · Subchapter C. Dissolution and Replevy · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 62.046 relieves a defendant who replevies property in a mortgage or lien enforcement suit from accounting for its fruits, hire, revenue or rent — but not a plaintiff who replevies.

Full Text of § 62.046

Text sizeJump to: (a) (b)

(a)In a suit for enforcement of a mortgage or lien on property, a defendant who replevies the property is not required to account for the fruits, hire, revenue, or rent of the property.
(b)This section does not apply to a plaintiff who replevies the property.
End

Plain-English Summary

A rule about what a replevying party owes, and it distinguishes between the two sides.

In a suit for enforcement of a mortgage or lien on property, a defendant who replevies the property is not required to account for the fruits, hire, revenue, or rent of it.

The defendant in such a suit is ordinarily the owner. A borrower whose collateral has been sequestered replevies it, resumes using it, and this confirms that the use is theirs to keep.

The alternative would make replevy pointless for a productive asset. A defendant who took back a rental property or a piece of equipment and had to account for every dollar it earned would gain possession without gaining anything else.

The four categories cover the ways property produces value — fruits from land, hire from letting a chattel, revenue from operating it, and rent.

Subsection (b) is the limit: the section does not apply to a plaintiff who replevies the property.

The distinction turns on whose property it is. A plaintiff replevying property in a lien enforcement suit is holding an asset the defendant may still be entitled to, and allowing them to keep the income would let a lienholder profit from a seizure that may prove unjustified.

So the plaintiff who replevies accounts; the defendant does not.

The section is confined to mortgage and lien enforcement suits, which are the cases in which the parties’ positions are asymmetric in this way — one owns the property, the other holds security over it.

In a pure title dispute both parties claim ownership, and the section leaves that case alone.

Frequently Asked Questions

Does a defendant who replevies owe the income from the property?

No. In a mortgage or lien enforcement suit a defendant need not account for fruits, hire, revenue or rent.

Does the same apply to a plaintiff?

No. The section expressly does not apply to a plaintiff who replevies.

Why the difference?

The defendant in such a suit is ordinarily the owner; a plaintiff holds security over property that may still belong to the defendant.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source