§ 64.054.Judgment Lien

A lien provision with a striking consequence for the party that started the receivership.

A judgment rendered against a receiver in a cause of action arising during the receivership is a lien on all property held by the receiver.

"All property" is broad — the lien is not confined to the asset connected with the claim.

The condition is that the cause of action arose during the receivership. Claims predating the appointment are outside the section and take their place at the bottom of the priority list.

The second sentence is the consequential one: the lien is superior to the mortgage lien of a mortgagee who instituted the receivership.

Read that carefully, because it reverses the ordinary order. A mortgagee’s lien predates everything, and would normally rank first against the property.

Here it is subordinated to a later judgment — and specifically to a mortgagee who instituted the receivership.

The reasoning is about who set events in motion. A mortgagee who asked a court to place property in receivership created the administration from which the claim arose, and cannot then insist on being paid ahead of someone injured by it.

The practical effect is a real caution for a foreclosing mortgagee. Seeking a receiver preserves the property but exposes the security to claims generated by the receivership itself.

The same subordination appears twice more in the chapter — for unpaid claims at discharge, and for pre-existing claims paid out of receivership earnings — so it is a consistent policy rather than an isolated rule.